The Nigerian Bar Association ( NBA) has released 10 per cent of the annual Bar Practice Fees to NBA branches for members welfare in the wake of the COVID-19 lockdown, writes Legal Editor, JOHN AUSTIN UNACHUKWU.
President Muhammadu Buhari on March 24 announced a 14-day total lockdown in Lagos, Ogun and Federal Capital Territory (FCT), Abuja as part of measures to check the spread of the COVID-19 pandemic. This has now been extended by 14 days.
Other states have since followed suit.
The lockdown and subsequent extension have, no doubt, brought unprecedented hardship on many Nigerians including lawyers. Young lawyers who are under 10 years post-call have been particularly affected.
Many Nigerian Bar Association (NBA) branches and senior lawyers have already made cash and kind donations to assist their members’ suffering.
To complement their efforts, the NBA has released 10 percent of the Bar Practice Fees to all branches.
It agreed with the branch chairmen that these remittances would be substantially utilised by the branches to ameliorate the economic challenges of the most vulnerable members, provided that they are up-to-date in the payment of their financial dues.
It stated this and more in a statement signed by NBA President Mr. Paul Usoro SAN.
Blue-ribbon welfare committee
Usoro noted that to augment the 10 percent remittance, the NBA would constite a blue-ribbon welfare committee with the immediate mandate, inter alia, to raise funds from members and other public-spirited third parties for utilisation in providing succour to extremely vulnerable members of the association.
He said: “We would, in a matter of days, publish the membership of the committee and, more importantly, the NBA dedicated COVID-19 Bank Account to which members could send in their donations for the Committee’s assignment.
“Let me state in advance that, the modus operandi of the Welfare Committee including but not limited to its financial records and activities would be scrupulously and transparently maintained and published to all our members, not any different from our consistent publications of all our financial statements, accounts and reports since the commencement of our NBA administration in 2018.”
No NBA member affected yet
Usoro noted that the association was yet to recieve news of any COVID-19 casualty among members of the Bar.
“Mercifully, we have not received any report about any of our members that has been afflicted by or with this disease and we can only thank the Almighty for this and pray that He continues to envelope us in His protective arms.
“As a complement to our prayers, we advise all our members to practise safe and hygienic living, observe social and physical distancing and follow all the advisories of the Federal and State Governments, the World Health Organisation and the Nigerian Centre for Disease Control on the required measures that must be practised to combat the virus,” he said.
‘Most lawyers depend on daily court appearances, incorporation’
The NBA President lamented that on the economic front, the pandemic had “paused global and domestic economic activities and imposed grave and unheard-of economic hardships on all of us and, in particular, on our most vulnerable members.
“To illustrate, most of our members depend on daily court appearances and incorporation and related activities at the Corporate Affairs Commission for their livelihood. Those means of livelihood came to an abrupt and eerie stop consequent upon the COVID-19 imposed national lockdown.
“The abruptness of the lockdown accentuates our economic misery as and there was no room for ‘preparation’ or ‘stocking up’ howsoever. We truly identify and empathise with all our members who are experiencing grievous, harrowing and unforeseen hardships in these times.”
Lawyers, branches rise to the occassion
The NBA hailed lawyers who demonstrated selfless generosity toward their colleagues.
Usoro said: “These moments also bring out the best in us. The truly public-spirited and silent philanthropists, those who are best described as ‘our brothers’ keepers’ amongst us, are identified during crisis moments of this nature.
“Reports reaching me from some of our branches have indeed identified some such lawyers who, in their generosity and without fanfare or public announcements, have opened their barn-stores to our less-endowed members.
“Some branches have also been exceptional in proactively buying and distributing relief materials to their members. I salute these great men and women amongst our ranks. These are very commendable actions, worthy of emulation, and we particularly pray for divine reward for our members who have shown such exemplary generosity and leadership in this extremely difficult and stressful period.”
Federal COVID-19 relief measures
Can lawyers benefit from government palliatives? Usoro said the NBA would explore the option.
“I must mention that we have, like everyone else, heard and read of the COVID-19 relief measures that have been announced by Fed Govt. We are however, probing to know how lawyers can benefit therefrom and will update our members with whatever information we can gather.”
Use of technology in justice administration
According to the NBA, COVID-19 has imposed on the legal system, an immediate and welcome review of the justice administration processes and methods.
Usoro said: “Without a doubt, we have been stuck in analogue mode for so long, to our extreme and untold detriment. We must deliberately and urgently introduce and institutionalise the use of technology in and for our justice administration.
‘To illustrate where we should be and must aim to be in regard to the use of technology in justice administration, a recent news release on 13 April 2020 by the Supreme Court of the United States of America gives us a foretaste:
‘The Court will hear oral arguments by telephone conference on May 4, 5, 6, 11, 12 and 13 in a limited number of previously postponed cases .
‘In keeping with public health guidance in response to COVID-19, the Justices and counsel will all participate remotely. The Court anticipates providing a live audio feed of these arguments to news media.
‘The court building remains open for official business, but most court personnel are teleworking. The court building remains closed to the public until further notice”.
Usoro noted that according to the New York Times of 13 April, 2020, this is “a major break with tradition” by the US Supreme Court even though “other courts have been hearing oral arguments online, with video”.
He said this is where the Nigerian legal system should aim to be and in very short order and within reasonable time.
“We must vow that, never again must or should unforeseen eventualities such as COVID-19 immobilise and totally paralyse us, as lawyers and justice administrators, to the detriment of justice administration and the rule of law.
“The quoted release by the US Supreme Court above, I must mention, is merely illustrative of the uses to which technology could and must be deployed in the dispensation and administration of justice by our courts,” he said.
According to him, the conversation on how, what, where and when to start the deployment, must commence now “and NBA stands ready to lead that conversation in partnership with the Judiciary and the other branches of government who constitutionally have the responsibility for appropriating the required funds therefore.”
Usoro added: “The NBA plans to work with reputable and experienced technology advisers to produce a workable roadmap on the required use and institutionalisation of technology in our justice administration in the coming weeks and would share the Work Product thereof with the Chief Justice of Nigeria, heads of our various courts, and the executive and legislative arms of government, as required and necessary.
“As the conversation develops, we would keep our members suitably and adequately informed.
“ I must remind all of us again that “these dark days . . . will pass” and “we will survive the pandemic”. I encourage us therefore not to panic nor lose hope.
“We must persist in taking personal responsibility for preventing the spread of the dreaded virus by maintaining personal hygiene and social distance and following all the advisories on the mandatory measures therefore.”
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