Yakubu Busari
Some members of the Nigeria Bar Association, NBA, in Plateau who are lawyers that handled the election cases of Governor Lalong, are now at each other’s throat following accusations and counter accusations of corruption among themselves over the payment of N200 million as fee for Legal Services offered to Governor Lalong during his election cases at court.
As gathered by this medium, some members of the Bar have been accused of fraud, alleging diversion of funds.
Universalreporters247.com learnt that Barrister Garba D. Yusuf and Barrister Yusuf Ali have petitioned the Chairman of the NBA, Jos branch over what they described as fraudulent activities of five other lawyers and copied the Plateau State Commissioner of Police, the State Director, Directorate of State Security Services (DSS) and the Secretary of the NBA, Pankshin branch respectively.
The group’s petition titled; Plateau State APC Legal Team, against the 2015 Tribunals Engagement and Failure to Pay Legal Fees, Need to Invite Five Members on the Sharing of One Hundred Million Naira (N100,000,000.00), reads in part:
“We are solicitors of the Private Bar based and practicing in Jos, hereinafter called the solicitors and wish to complain to you and equally apply as follows:
iii. Steve T. Abar (Esq.)
Thank you for your anticipated cooperation, as we equally say we SHALL pursue the issue to the end no matter what will happen.”
However, in a curious manner this medium learnt that while the issue was still being sorted out, one of the accused persons who shared the N100 million, Barrister Steve Abar, was nominated by Governor Simon Bako Lalong to serve as member of the Plateau State Judicial Service Commission, a development that prompted Barrister Yusuph D. Garba to petition the Plateau State House of Assembly on the matter.
The petition, which was addressed to the Speaker through the Clerk of the House, and entitled: Re: Nomination of Steve Abbar (Esq.) to the Plateau State Judicial Service Commission Petition Against Him.
It reads: “I am a practicing Solicitor at No. 4 Yingi, Rayfield Road, Jos, Plateau State, and equally an indigene of this state from Kanam Local Government Area (LGA).
By reasons of the need to stamp out every element of corruption in Public Systems, and by my belief and conviction in the present Governments intention and arrangements to fight corrupt practices, I petition that this Hallowed House of Assembly does not consider BARRISTER STEVE ABBAR who is from Benue State to the membership of the Plateau State Judicial Service Commission.
It is known that the Executive Governor of Plateau State, Hon. Barrister Simon Bako Lalong, sent to this Honourable House nominees for due consideration by this House against the 3rd day of November, 2016. The names of STEVE ABBAR are sent for screening and possible confirmation, and my reasons for the PETITION against him include:
iii. A. B. Bako Esq.
This information is supported by a Petition to the Jos Nigerian Bar Association Chairman, and copied Security Bodies in the State. Photocopies are annexed for your consideration.
Honourable Gentlemen of the House, my PETITION is just, and I can come to the floor of this Honourable House and defend this document (PETITION).
The fraudulent conduct of STEVE ABBAR and the other five (5) Lawyers, against the over fifty (50) Lawyers as in above has created an impending litigation against this APC led Government of Plateau State.
I thank this Honourable House of Assemble (sic) for taking all pains to understanding me.”
This petition, from our investigation, did not go down well with the accused and appeared to be the last straw that broke the camel’s back as revealed by the immediate reaction of the accused, who threatened legal action.”
The first to react was Garba Pwul (SAN) who described Yusuphs letter as an attempt to destroy his hard-earned reputation and demanded an unconditional and unreserved apology, adding that failure to do so would leave him with no option than to seek legal redress.
In a demand letter to Yusuph from G. S. Pwul (SAN) and Partners of Ishamtu Memorial Chambers, No. 34, West of Mines, Jos, entitled, Demand for Immediate Retraction of Defamatory Publication Against Chief Garba S. Pwul, SAN and signed by V. M. G. Pwul, Esq., it reads:
“We write on behalf of Chief Garba S. Pwul, SAN, FCIArb, hereinafter referred to as our Client.
On 2nd November, 2016, you addressed a petition to the Hon. Speaker, Plateau State House of Assembly, through the Clerk of the House, against Steve Abar, Esq. In the said petition you wrote of, and concerning, our client the following words:
iii. A. B. Bako Esq.
The fraudulent conduct of Steve Abbar and the other five (5) Lawyers, against the over fifty (50) Lawyers as in above has created an impending litigation against this APC led Government of Plateau State.
By the above quoted words you have defamed our Client in his person and his profession as a legal practitioner, and have thereby lowered his reputation in the eyes of reasonable and right-thinking members of the society, particularly the person to whom your letter was addressed, members of the Plateau State House of Assembly whom were given copies of your letter and members of the Nigerian Bar Association.
Our client has instructed us to and we hereby demand, that within 14 days of your receipt of this letter, you tender an unconditional and unreserved apology to our Client, and copy same to:
(i) the Executive Governor of Plateau State;
(ii) the Plateau State Ministry of Justice;
(iii) the Plateau State House of Assembly; and
(iv) the Nigerian Bar Association, Jos Branch.
Failure to meet the demand hereinbefore stated within the prescribed time frame will leave us no option but to proceed against you in a law court to protect the hard earned reputation of our Client. In the event of a court action, our clients demand will in addition to the above demand, seek damages and other remedies legally available to him.”
This medium gathered that the following day, Barr. Yusuph received another demand letter from H. S. Ardzard, Esq. demanding for one hundred million naira (N100,000,000.00) as damages for defamation of his character. In his letter dated 16th November, 2016 entitled: Your Defamatory Letter Against My Person and Demand for Immediate Retraction and Apology and signed by H. S. Ardzard, Esq. of H. S. Ardzard & Co. of No. 5, Kashim Ibrahim Street, Jos, he stated:
“I am in receipt of a letter dated 4th November, 2016 from the Government of Plateau State to which was attached three different correspondences authored by you which were forwarded to me for my response to the allegations raised therein. These correspondences are as follows:
The letter which was copied inter alia to (1) The Director, Department of State Services (DSS) Plateau State Command and (2) The Commissioner of Police, Plateau State Command is not only fraught with innuendos but is also defamatory to my person.
The innuendos in the said letter is that I was part of a group of five (5) persons who was given the sum of N100,000,000.00 by Hon. Simon Bako Lalong to share to a Legal Team constituted by Hon. Jonathan Mawiyau which represented Hon. Simon Bako Lalong and other A.P.C. State and National Assembly members in various Tribunals and that the said sum was shared devoid of honesty and transparency.
For the avoidance of doubt may I state that at no time whatsoever did I whether as individual or in a group receive the sum of N100,000,000 or any sum at all from Hon. Simon Bako Lalong or from any other person to share to a Legal Team constituted by Hon. Jonathan Mawiyau which purportedly represented Hon. Simon Bako Lalong or any other A.P.C. State and National Assembly Members in any Tribunal.
Your allegation in these letters is not only false in all material facts but is also insidious and well calculated to tarnish my good name and reputation which I labored to build over the years. For the avoidance of doubt, it is not true that I whether as individual or in a group defrauded over 50 lawyers who purportedly handled Al Progressive Congress (APC) election matters at the 2015 Election Petition Tribunals or any other person for that matter.
Your allegation against me which you widely circulated has occasioned odium, opprobrium and ridicule on my person and portrayed me as a fraudulent and dishonest person who is unworthy of any modicum of trust. This allegation has made me to be profiled by Security Institutions as a fraudulent and dishonest person and to also loose (sic) respect before the General Public.
I have worked hard over the years to build a good name and reputation for myself and I will not fold my arms to watch you drag my hard earned good name and reputation in the mud. Consequently, I demand from you the following:
(1) A Retraction of the allegations you made against me in the letters listed above and which retraction should not only be addressed to all the persons and institutions to whom you addressed or copied those letters but should also be published in two (2) widely circulated National Daily Newspaper (sic).
(2) A written unreserved apology addressed to me with an undertaking that you will never repeat such false allegations against me.
(3) The sum of N100,000,000 (One Hundred Million Naira) as damages for defamation of my character.
If the above demands are not met by you within a period of fourteen (14) days from the service of this letter on you, I shall without further reference to you initiate both Criminal and Civil Litigations against you for defamation of character.
A word is enough for the wise.”
Also on the 17 of November, 2016 Yusuph was in receipt of yet another demand letter this time from Barrister Stephen Abar, demanding for the sum of five hundred million naira (N500,000,000) for what he described as unquantifiable injury done to his reputation.
In the letter entitled, Re: Nomination of Steve Abbar (Esq) to the Plateau State Judicial Service Commission Petition Against Him and signed by Stephen T. Abar, Esq. of No. 2 Barracks Road, Opposite St. Theresas Parish Hall, Jos, it read:
“The above subject matter refers.
My attention has been drawn to a libelous and malicious publication under the guise of a petition (hereinafter referred to as the publication), which you authored and sent to the Plateau State House of Assembly through the Clerk of the House, with Ref. MY/006/011/16 and dated 3rd November, 2016. In the said publication, you maliciously leveled weighty allegations of fraud against me and concerning my person and others mentioned therein.
Annexed to the said offensive publication is a letter purportedly written by or on behalf of a group of lawyers and which you signed. In the said annexure, similar allegation of fraud was made against my person and others also mentioned therein. In further publication of the annexure, you had copied the Secretary of the Nigerian Bar Association, Pankshin Branch; The Director, Directorate of State Services and the Commissioner of Police, Plateau State Command, Jos.
For the avoidance of doubt, the allegation you made in the said publication, which suffers poverty of substance and evidence, has no shred of truth in it. It is at best a malicious, offensive and injurious publication intended to disparage and embarrass me. The publication has a further intent of depicting me in a negative way before informed members of the public, especially members of the noble Legal Profession in Nigeria of which I am a member and has served meritoriously to the highest levels.
Your publication has exposed me to public ridicule and odium, injuriously affected my business of Legal Practice and has lowered my reputation in the estimation of my family members, friends, colleagues and other right thinking members of the society.
Consequently, I demand that you tow the path of honour and in writing, retract the baseless and malicious allegation you made against me and issue a formal apology which you MUST circulate to all the persons you earlier published it to. I also demand damages in the sum of N500,000,000.00 (Five Hundred Million Naira) only for the unquantifiable injury done to my reputation.
TAKE NOTICE that in the event you fail, neglect and/or refuse to accede to my demands within Seven (7) days of receipt of this letter, I shall be compelled to immediately commence legal action against you for the torts of Defamation and Injurious Falsehood.
It is in our mutual interest if you allow wise counsel to prevail.”
Meanwhile, Barrister Yusuph Garba who was never perturbed by these letters replied Seven days after, beginning with that of Stephen T. Abar written on 24th November, 2016 and addressed to him, entitled: Re: Nomination of Steve Abbar (Esq.) to the Plateau State Judicial Service Commission Petition Against Him My Response and Stand. The reply goes like this:
I anticipated a letter like this from you and, behold, it has come as reflected in above content. My humble reply is:
Hon. Steve Abar (Esq.), you can see my wise argument. I await your Legal Action against me as I say it again, that I shall NOT APOLOGIZE and or RETRACT my publication.
This letter was followed with another the following day, addressed to V. M. G. Pwul (Esq.), entitled, Re: Demand for Immediate Retraction of Defamatory Publication Against Chief Garba S. Pwul, SAN My Reply and Position. In it, Barr. Yusuph Garba wrote:
I got your letter as it relates to the above subject, and sincerely wish to say:
All I revealed in my Petition spells fraud against me and the other over 50 Lawyers who faithfully served the present A.P.C.-led administration even at the National level.”
“Your client had the immediate time to deny what H. S. Ardzard (Esq.) said at the 21st April, 2016 meeting referred to, but he conceded to the revelation made by H. S. Ardzard (Esq.) against himself and the other named Lawyers whose actions all amount to defrauding over 60 Lawyers on the A.P.C. Legal Team of 2015.
I shall therefore NOT reach your demands as you want me to, because what I said in my petition is correct and true. The Hon. Commissioner of Justice, Plateau State, Hon. Jonathan Mawiyau (Esq.) was reported what happened at the meeting of 21st April, 2016, and all attempts made for the payment of Legal Fees for the A.P.C. Legal Team of 2015.
I shall reveal more things at the Court trial you intend to have against my innocent person.
And on 26th of November, 26, the third reply was made to Barr. H. S. Ardzard, entitled: Re: Your Defamatory Letter Against My Person and Demand for Immediate Retraction and Apology My Humble Response and Position. It reads:
My attention was drawn to your letter to me on the above subject issue, and I faithfully say:
Your response as to how you shared the said money to the affected Lawyers, when I demanded that we knew, was that you, (the five of you Lawyers who collected the money as the names appear above), had to strongly BEG Hon. Garba S. Pwul SAN to collect, and he collected some TOKEN out of the said N100,000,000.00 as African Tradition allows as KOLA for elders who bring good message to the people.
Having said the summary as in above, it is correct to say the said over 50 Lawyers on the A.P.C. Legal Team of 2015 Election Tribunal HAVE NOT BEEN paid their Legal Fees up to now, even after all promises Hon. Simon Bako Lalong had made before and after his assumption of office as the Executive Governor of Plateau State; the Home of Peace and Tourism. Remember that this is a Government that came to fight corruption. It is a Government on a RESCUE MISSION, but I, rather see Dog eating Dog; Lawyers defrauding Lawyers!!
I reserve other issues since I shall say more when you shall take Criminal and Civil actions against me. If you had explained how you people shared Lawyers Legal Fees to yourselves, if you had paid these over 50 Lawyers their Legal Fees, then, to me, you would have had a good measure of honour. Now, by your actions, I rather smell Fraud, Corruption and Breach of Trust and misappropriation of Lawyers Legal Fees. You have no honor before me!!! Your hands are soiled with Lawyers money. Your hands are full of Blood money!
You can see why I had to alert the Plateau State House of Assembly through the Clerk of the House, to stop STEVE ABAR (Esq.) from being nominated into the JUDICIAL SERVICE COMMISSIONER (sic) of Plateau State. He will promote and breed corruption there, because his actions are corrupt. He must not have been an ex-convict before being corrupt. A reliable source informed this magazine that the aggrieved Lawyers have resolved to take legal action against the APC in Plateau state.”
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