The Power of a Dream!

About 10 years ago, in 2016, in a brief interview in the Legal Personality of the Week Section in THISDAY LAWYER, Chukwudi Enebeli, SAN affirmed in response to a question that he would like to see himself as Senior Advocate of Nigeria and being interviewed on THISDAY LAWYER’s Cover. Eight years after, he was elevated to the Inner Bar at the age of 39, and today he graces our cover as interview personality. That is the power of a vision, one which he has decided to share, particularly with young Lawyers who are aspiring to take Silk. Enebeli, SAN took Onikepo Braithwaite and Jude Igbanoi through his journey from starting as a Law student to becoming a Lawyer and subsequently, a Senior Advocate of Nigeria in 2024. He also shed some light on some issues including the importance of mentorship for young Lawyers, pupillage, the appointment of Receiver/Managers and the Electoral Act 2026

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earned Silk, what would you say prepared you for your rise in the legal profession, attaining the rank of Senior Advocate of Nigeria before you turned 40? 

While I give God Almighty the glory for finding me worthy of being bestowed with such a privileged rank at a relatively young age, I must also recognise and acknowledge the fact that some persons have attained the rank at a much younger age than myself. I thank my dear parents, Dr & Mrs Paul Osogbe Enebeli who were not only committed to giving me the finest education, but instilled in me the best of moral values. I would say that proper mentoring and my early exposure and dedicated interaction with older, wiser and more experienced seniors in the profession, played a huge role in preparing me for the rank. 

I started to hone my advocacy and leadership skills from my University days, where I was privileged to have been elected and served as the President of the Law Students Association of University of Benin, between 2007 and 2008. That position exposed me to meaningful interaction with a lot of Senior Advocates of Nigeria, Judges, Senior Lawyers and Company Secretaries of various institutions. I had the rare opportunity at such an early stage, to tap from their wealth of knowledge and experience, as well as learn from their past mistakes.

Another added advantage was the fact that I started my career with one of the finest minds in the profession, Dr Kemi Pinheiro, OFR, SAN – who believed in me from my very first day in practice. His mentorship, advice, direction and guidance, without a doubt, prepared me for the rank. He also afforded me the opportunity and platform to fly. In my early years, he ensured that colleagues in the firm imbibed the “can-do spirit”. It was on that basis that I drew up my career plan and commenced the journey, by taking little steps daily to achieve my dream of becoming a Senior Advocate of Nigeria.

I remember with nostalgia, my Thisday Lawyer interview of January, 2016; where I was asked where I saw myself in 10 years’ time. My answer was – “By the grace of God Almighty, I see Thisday Lawyer interviewing me as Chukwudi Enebeli, SAN”. That dream, became a reality in 8 years, and today; exactly 10 years later, I can say without an iota of doubt, that with a combination of God’s grace, favour, mercy and purposeful planning, we can achieve anything we set our minds to. 

Kindly, give us an overview of your journey so far. For the benefit of young members of the profession and new wigs, how would you describe your journey from admission into the Bar to your present rank as Senior Advocate of Nigeria? What can young Lawyers learn from you?

 I was called to the Nigerian Bar on November 3rd, 2009. At that time, I was undecided about legal practice, because I had a more reserved personality and public speaking could be sometimes challenging, and being a litigator requires you to be firm, authoritative and outspoken. I developed these skills, as I grew in the profession. I reported to my NYSC camp in Lagos, the very week of my call to bar in Abuja. Placement discussions were ongoing in the NYSC camp, and it was not until two days to the deadline that I decided to reach out to Dr Pinheiro, SAN to make my request to carry out my one-year mandatory youth service in the firm of Pinheiro & Company (now Pinheiro LP). To my surprise, few minutes after I sent the message he called me and informed me to come pick up my request letter that very day. I then resumed in the firm on Monday 30th November, 2009 as a young Lawyer who had no idea of what he wanted to make out of practice, although it was my desire to be successful.

My journey in the last sixteen years, has been all about hard work, 100% commitment to the profession, loyalty, humility and mentorship. From the very start of my career, I have been committed to the profession, and I have been hardworking. Even though I still work round the clock, in my first few years, I worked and physically went into the office seven days a week, at a time some of my mates were all about partying and having fun. I was also never shy to take up leadership roles, within and outside the office. Even when I was a junior associate, I never acted like an ordinary staff. I took ownership of cases and firm activities, to the best of my abilities. I was also committed and loyal, to the firm and my boss. My loyalty was 100% at all times. I made up my mind from the very first day, that I was never going to break trust. At about the time I clocked 10 years at the bar, I was approached to join the Bench in my State of origin, Delta State. I never hid it from my boss. I walked up to him and we had a one-on-one discussion, and both reached a decision on what was in my best interest.

One very important part of my journey, is the impact of mentorship. A lot of young Lawyers today, do not appreciate mentorship. Mentorship is about having someone who has walked through a path hold your hands, as you embark on your own journey. I am a product of mentorship. While I was being mentored by a lot of persons particularly Dr Pinheiro, SAN (whom I met in my undergraduate days, and took special interest in me), I had the opportunity of interacting with people older than me. We must appreciate the fact that you can learn from people older than you or people who are even younger than you, but whom by divine providence have gone ahead of you. Unfortunately, the current generation of young Lawyers, do not want to honour the leaders and seniors. I tell people over and over, that we must stop condemning our leaders and seniors. While I agree that they are not perfect and they have their shortcomings, let us look at their strengths and their positive parts and learn from them. 

Another problem some young colleagues have, is the sense of entitlement and the abuse of access. Even though I had direct access to two serving Governors and notable Senior Advocates of Nigeria at an early stage in my career, I never abused such access by making demands and requests. A lot of young people today want to use such access, to make all manners of demands and requests – even financially.  While the Constitution affords us freedom of speech, such freedom should not be used unwisely, or to condemn and humiliate our seniors. 

I also try to remain humble. Humility is a virtue, and even as God blesses and elevates you, never feel bigger than who you were when you were nothing. Also, in all my years of practice, I do not take any case personal, particularly in my relationship with my colleagues at the Bar. My fireworks begins and ends in court, and that is it. The profession remains a brotherhood, and we must continue to respect each other. Remain courteous to your colleagues, and never get to the stage of verbal or physical altercation with your colleagues. Finally, always ensure you build a name for yourself in the profession. Be seen as an intelligent, serious, hardworking and committed Lawyer. Reputation is key in this profession.

Mentorship in the legal profession appears to have gradually disappeared, along with pupillage. This has no doubt impacted negatively on the quality of Lawyers in the profession. What are your suggestions for ameliorating this?

 I will say it again, I am a product of mentorship. On the issue that mentorship appears to be disappearing in the legal profession, the question I will ask is – Who do we blame? The Seniors – for not taking up their role as mentors, or the juniors for not making themselves available to be mentored? Mentorship requires deliberate efforts, time, sacrifice and commitment from both sides. The decline in mentorship and pupillage, has been occasioned largely because a lot of people go after money rather than knowledge. Juniors appear to be more concerned about the money they will be paid, than the knowledge they will acquire as they journey through the profession. Growing up, my Father would always tell us that, “Knowledge is power”, and we all know what power is, and what it can bring. What a lot of people do not understand is that mentorship enhances skills and knowledge, it also provides career guidance and direction. When I was called to the bar, Mrs Elizabeth Idigbe (wife of Chief Tony Idigbe, SAN), who is a big Sister and mentor to me, and the Company Secretary at African Petroleum at the time, was actually the first person that advised me to try my hands at litigation rather than going in-house within my first year of practice, and here I am today.

The erosion of structured mentorship is therefore, a concern. The Nigerian Bar Association must therefore, do more in promoting mentorship programmes, while Senior Lawyers must consciously invest time in training the younger ones; the younger ones on their part must be open minded, humble and be committed to mentorship.

On pupillage, very few juniors are ready and willing to learn the trade. The legal profession, like other trades, requires some level of apprenticeship. Most juniors are concerned about the prospects for pecuniary benefits in their first few years of practice, rather than learning the requisite skills and tools of legal practice, even though I must admit that the process for becoming a Lawyer is in itself, capital intensive. They make career decisions, based on the salaries being paid in law firms. Unfortunately, pupillage is not about salaries. Pupillage is about learning by doing, learning by observing and learning by guidance. I am an advocate of pupillage, internship and externship programmes. I recommend it to any aspiring Lawyer, from year one in the University. 

The Legal Practitioner Bill which proposes a two-year mandatory pupillage for newly called Lawyers is a welcome development, and when passed into law, will without a doubt, improve the standard and quality of legal practice in Nigeria. I am aware that some have condemned this provision, because of what they call the current practical and economic realities facing young Lawyers in the profession. 

I may have to say this also, let us focus on sanitising the legal profession and building capacity at the very early stages. Fresh graduates across different professions face various challenges including low wages. It is not peculiar to the legal profession. Whatever you are earning today, is the transport fare to your career destination.

There was been a recent call by Chief Tony Idigbe, SAN, for members of the Inner Bar to take up judicial appointments. Do you endorse such a call?

Coincidentally, Chief Tony Idigbe, SAN, made this call at my pre-conferment dinner organised by Pinheiro LP in my honour on the eve of my swearing-in as Senior Advocate of Nigeria on the 29th of September, 2024, where he was the Guest Speaker. I agree with him and the rationale behind the call, which I regard as being timely and necessary. If we now have persons being conferred with the rank of Senior Advocates of Nigeria in their 30s and early 40s, it is not out of place to have them aspire for the Bench, in their later years. Senior Advocates represent the finest of courtroom advocates, and I believe when a good number of us aspire to the Bench, it will set a standard that persons who have tested the law in practice should also be sworn in as Judges, to enrich the jurisprudence and development of law in Nigeria. This does not diminish the crop of hardworking and brilliant Judges we have today, some of whom are ably qualified for the rank of Senior Advocate of Nigeria.

Recently, in Ecobank & 8 Ors v Kepco Energy, the Court of Appeal held that “it is better for the Receiver/Manager whose appointment is still the subject of litigation, not to engage in any act that is capable of destroying the res…. More justice will result in making him not to act pursuant to his appointment, than to allow him to so act”. Do you agree? What elements must exist, before a situation is ripe enough for the appointment of a Receiver/Manager? 

I have had the opportunity of reading the said judgement in Ecobank & 8 Ors v Kepco Energy, and I agree with the wisdom of their law Lords in view of the facts of the case. The Respondent in its pleadings had contended that for certain reasons the Appellant ought not to appoint a Receiver/Manager, and on that basis, sought both declarative and injunctive reliefs restraining the Appellants from appointing a Receiver/Manager. It was apparent that the Plaintiff had challenged the right or powers of the Defendant, to appoint the Receiver/Manager. That was clearly a challenge to the appointment. Since it was a challenge to the appointment of a Receiver/Manager, the Court of Appeal was right to affirm the decision of the Trial Court, that this was not a case that required the consent of the Receiver to commence the suit. The law does not permit the doing of the impossible. How can you expect to obtain the consent of the Receiver/Manager, to maintain an action which seeks to challenge his appointment.

On the pronouncement of the Court and the need to protect the res,  Parties cannot be in Court and the res will be destroyed. If there is an action challenging the appointment of a Receiver/Manager to act, even in the absence of an injunction, parties and Counsel are expected not to do anything that will destroy the res. Because of the enormous powers of the Receiver/Manager, there is a real likelihood that irreparable harm would be occasioned, if he continues to act in the face of the Respondent’s case that his appointment was premature, or the condition precedent for his appointment had not arisen.

On the condition precedent for the appointment of a Receiver, putting it simple, there must be a valid debenture or charge with the power to appoint, the charge must have crystallised, there must have been az breach of the terms of the debenture and the money secured must have become due and payable.

How would you rate the 2026 Electoral Act vis-à-vis its predecessor, that of 2022? Some argue that even though Section 84 of the new Act makes it mandatory that voter accreditation must be done by BVAS, thereby bringing some credibility to the electoral process, the deletion of indirect primaries and the old Section 134(3) which allowed petitioners to question the constitutional qualifications of candidates, the fact that Form EC8A remains the primary source of collation and declaration of results, leave the 2026 Electoral Act still wanting. Kindly, share your views on this? 

Without a doubt, the Electoral Act 2026 has both its advantages and disadvantages. I do not think it is right to conclude that the qualifications of candidates can no longer be questioned. We must appreciate the fact here that, qualification into any office is Constitutional. Prior to now, qualification disputes could be entertained as a pre or post-election dispute. With the 2026 Act, such dispute can only be determined at the pre-election stage, within the prescribed time frame. I think the rationale for this firstly is that, “qualification” per se has nothing to do with the election or the electoral process itself. Secondly, power belongs to the people, and the people are at liberty to elect who they desire. As it stands today, an election can only be questioned on the grounds of corrupt practice and non-compliance with the Electoral Act, or failure to secure the majority of lawful votes cast.

Another very interesting provision which political parties as well as their members must pay attention to is Section 29(6) & (7) of the 2026 Act, which gives the Court the power to direct the Electoral Commission to conduct a rerun where a pre-election matter bordering on the constitutional eligibility of a candidate is determined after the election has been conducted. In such instance, the rerun is to be conducted excluding the disqualified candidate and the sponsoring party. Political parties must therefore, pay attention to the quality of persons they put forward in any election. It is only a person or aspirant who participated in the primaries, that actually has the locus to maintain such a pre-election dispute challenging the qualification of a candidate. The implication of this is that, where the election has been conducted, the Plaintiff will not be declared the candidate of his political party, but the success of his claim will lead to a disqualification of the candidate, and a rerun without the participation of their political party.

On Form EC8A being the primary source of collation and declaration of results, there is nothing new about this. Having had the privilege of being part of the 2023 INEC team at the Presidential Election Tribunal and several other election related disputes, I can state categorically that there is nothing new about that provision, because the Electoral Guidelines 2022 expressly provided for it. Form EC8A is the actual result sheet at the polling units, with copies given to party agents and an officer of the Nigeria Police at the said polling unit. It remains the primary source of whatever result is transmitted, from that polling unit using the BVAS machine. So, if there is any complaint in relation to the result in any particular unit, it is only logical that recourse must be made to the primary source which is Form EC8A.The Courts have always maintained the fact that polling unit results, form EC8A, remains the foundation upon which the pyramid of the electoral process is built.

In all of this, I would have preferred a situation where the ground relating to challenging the qualification of a candidate was retained, because it is only after the election that another candidate can have the locus to challenge the winner’s qualification. The locus to challenge the qualification in a pre-election dispute, is only vested in an aspirant who participated in the primaries of that political party.

Recent developments indicate that Nigeria appears to be fast moving towards being a one-party State. What does this portend for our democracy?  

 Though every person has a right to freedom of association and to determine the choice of political party to join, the move towards a one-party State poses a great threat to our democracy. I will however, not conclude that we are already in a one-party State, because the Electoral Commission still maintains a long list of registered political parties. This, however, appears to be one of the disadvantages of a multi-party system like ours. With a multi-party system like ours, we have multiple oppositions, all without any political strength. In any event, there was a time in this country, where one Political Party had about twenty-seven Governors. Today, they have only two Governors.

If we must strengthen our democratic process by having formidable opposition, the opposition parties must come together. Not necessarily to takeover power from the ruling party but to serve as a watchdog or a check on them. As the 2027 general elections draw closer, we see a lot of mergers and alignments of political actors. In any event, as a country, we should focus more on having a free, fair and credible election. Then focus will be on the pedigree of the candidates, rather than the political party they belong to.  

Even though there are some vague timelines set in the Constitution regarding criminal prosecution, accused persons still spend years in custody awaiting trial. What is responsible for this, and what can be done to stem this negative tide that mostly amounts to a breach of the fundamental rights of accused persons who have a right to be presumed innocent until they are proven guilty? It appears that in reality, the Nigerian criminal justice system seems to work the opposite way, guilty until proven innocent. What do you think? 

I agree that the Constitution expressly provides for a maximum period of 48 hours to bring any person believed to have committed an offence before a Court. The Constitution also provides for speedy trial, within a reasonable time. Unfortunately, these provisions are practised more in breach, to the extent that, earlier this year, the Nigeria Correctional Service confirmed that more than 50,000 inmates were awaiting trial nationwide. It is indeed, very sad and painful that some of these individuals who are actually presumed innocent, sometimes spend periods longer than the maximum punishment for the offences they are accused of, while awaiting trial.

To curb this problem, I think both the investigative and prosecutorial authorities need to have a form of reorientation. They must understand and appreciate the constitutional provision of presumption of innocence, and the implication of keeping persons in custody for such a long period. I have seen situations where a Defendant is in custody for over six weeks, because the Court refused to deliver its ruling on a bail application. This practice assaults the very essence of the constitutional provision of presumption of innocence. 

In the area of investigation, there must be adequate manpower to carry out and conclude investigation, within the shortest possible time. Within the Police Force, there is a need to prevent the sudden and sometimes frequent transfer of Police Officers. We have seen situations where, the Officer investigating a matter is suddenly transferred out. Even in the course of prosecution, Judges are often transferred or elevated, and we have situations of trial de novo. We had thought Section 396(7) of the Administration of Criminal Justice Act which allowed a High Court Judge elevated to the Court of Appeal to return and conclude part-heard criminal matters had come to the rescue, but the Supreme Court in its wisdom, struck down that provision.

If we are desirous of respecting the rights of persons charged with criminal offences, we must amend the Constitution to provide and permit Trial Judges nominated for elevation to the Court of Appeal a time frame or window to conclude their part heard criminal cases, before they resume in the Court of Appeal. Come to think of it, the Judge to be elevated had been paid from taxpayers’ funds, the Court had been run with taxpayers’ funds during that period, Officers from the correctional centre have been paid, costs have been incurred to bring the Defendants to Court during that period, the State as well as the Defendant have also incurred legal fees, and at the end of the day, all the efforts come to nothing once there is an elevation. Precious judicial time wasted. Efforts of several years come to naught. We cannot continue to be a wasteful country. It is not only unfair to the Defendant, but it is also a waste of time and resources. We have this challenge, and we must do something about it.  

 Virtual court hearings became inevitable and caught on during the Covid-19 period. It is gradually becoming a norm. Is it a practice that should be retained and strengthened? If so, how can it be made more acceptable and user friendly in all Nigerian jurisdictions, particularly for issues like taking the plea of accused persons instead of ferrying them to court physically, which many a time, due to the failure of logistics, contributes to delays in prosecution 

Virtual Court hearing or proceedings was a welcome development during the Covid-19 pandemic. But, we must be careful in applying them fully in criminal proceedings, particularly in view of the provisions of the law that states categorically that the Defendant must be brought before the court unfettered. What the law envisaged in such a situation is the physical presence of the Defendant, and the reading of the charge to him. Unless there is a clear legislative intervention, I will expect a Defendant to be brought to the Court physically, at least for the purpose of arraignment.

Virtual Court hearing, has its own challenges. We have poor infrastructure, poor connectivity, lack of technological skill, the challenge of tendering documentary evidence and the likelihood of third-party interference when a witness is testifying, and the challenge of assessing the credibility of witnesses. A lot of infrastructure needs to be put in place, if trial of persons in custody is conducted virtually. It means all correctional centres in Nigeria must have several witness rooms or virtual court rooms, where the Defendant will connect to the Court as several Courts or Trials of several inmates will be conducted contemporaneously. With the number of persons in custody standing trial, there must be enough of such facilities in each correctional centre.  Also, the challenge of poor connectivity is real, it will be unjust and amount to a travesty if a Defendant, because of poor connectivity, misses a vital part of the criminal proceedings. It will be tantamount to conducting trial in his absence which is prohibited in our jurisprudence, except in certain instances. 

Yes, virtual court proceedings has gained momentum in Nigeria, but a lot still needs to be done, if our courts are to fully implement it.

 Given the present challenges of insecurity, economic downtown and political uncertainties, is Nigeria as presently constituted the country of your dreams?

I must state that, this is definitely not the Nigeria of my dreams. I say this because growing up, I had cousins in Kaduna who visited us in Lagos by road up until the early 2000s. We had no fears of kidnapping, terrorists, herdsmen, unknown gunmen and all. All they did was to make a landline call as they set out by 6.30am, and they would arrive Lagos most times just before 7.00pm. 

I attended University of Benin, Benin City Edo State. Throughout my time in the University between 2004 and 2008, I went to and from Benin by road. Flying was a luxury, and I cannot remember any student at that time that came to school by flight, whether from Abuja or Lagos. I have on several occasion travelled to Abuja by road from Lagos. We had no fears at all. Unfortunately, we cannot do so today. There is hardly any adult in Nigeria today, that has not experienced the kidnap of a family member, friend or colleague. We never anticipated such a situation. I know the current administration is determined to curb some of these security challenges, but I think a lot still needs to be done to ensure that lives and properties are properly secured in Nigeria.

 In the area of the economy, we must recognise the fact that the world economy was affected by the Covid-19 pandemic and Nigeria was just stabilising before the US-Iran war and the closure of the Strait of Hormuz, which has disrupted global trade. As an economy, we are largely dependent on importation, so anything that affects the economy of the world giants will always affect us. I know the current administration is doing a lot to revive and rejig the economy. Recently the IMF projected that Nigeria’s economy will grow by 4.1% in 2026 and 4.3% in 2027.Also, we are seeing unprecedented growth in the stock market, and the NGX recording a year-to-date growth of about 40%, making it one of the top-performing equity markets globally.

The recent banking recapitalisation exercise, has also helped to strengthen Nigeria’s financial sector. The Central Bank of Nigeria, has also made considerable efforts to bring down inflation and stabilise the Nigerian Naira, but challenges persist. The high cost of fuel and other petroleum prices impacts the cost of food and commodities, largely raising the cost of living for the average Nigerian. To ensure that the projected growth actually translates into better living standards for Nigerians, the Government has to do something about insecurity in the food producing regions..

On the political uncertainty, I believe we will have some clarity once the Supreme Court delivers its judgement in relation to the ADC and PDP leadership tussles. I think we may have to consider a single term of six (6) years for political office holders. Election has become a distraction to governance in Nigeria. Within two years of every government, we start focusing on the next election, and we spend so much both on campaign and the election proper. In any event, there should be some clarity in the next couple of days, once the Supreme Court delivers judgement in the ADC and PDP leadership cases.

Thank you, Learned Silk.