By John Austin Unachukwu
The Nigerian Bar Association Section on Legal Practice ( NBA-SLP) has called on the Federal Government to urgently develop and implement reforms that will set the nation on the path of development for the benefit of all Nigerians.
This is contained in a communiqué issued by the Section at the end of its four-day annual conference held at the Ibom Icon Hotel and Golf Resort Uyo, Akwa Ibom State, with the theme, “Law, Lawyers and the next generation”
The statement was signed by the chairman of the Section, Oluseun Abimbola (SAN), chairman of the conference planning committee, Ferdinand Orbih and Secretary of the Section, Mr Tonye Krukrubo.
It reads in part: “The conference unanimously agrees that Nigeria as currently structured, is dysfunctional; and the most obvious indication of this dysfunction is her regression from previous levels of performance and good governance, especially with respect to the quality of life of its people. It is therefore imperative to urgently implement fundamental and drastic reforms to redirect the nation on development paths to work for all.
“That the poverty, mass unemployment and growing insecurity confronting Nigeria are the result of the inability or unwillingness of the leadership to make the effort and sacrifices required to build a nation out of our diverse ethnic and religious backgrounds.
“The NBA Section on Legal Practice (NBA-SLP) therefore stresses that it is imperative to subsume all regional identities under one Nigerian identity if democratic governance and nation-building are to succeed. The current security challenges currently bedeviling the Nation are as a result of pent-up and long-suppressed frustrations.
“The conference observes that the Nigerian crisis, at its core, breeds eruptions of long-suppressed frustrations of the poor against the political class and the high-income class of citizens in the society. Poverty is the most dangerous threat to the rule of law and the practice of democracy and therefore must be addressed head-on even if it means challenging the complacency of the rich on behalf of the poor.”
The conference urged the government to deploy policies which will bridge the gap between the rich and the poor and promote equality. It also canvassed that lives and property are sacrosanct and must be secured.
The statement added: “The Conference condemns the lack of an equal platform for diverse voices in the national discourse. It therefore calls for inclusive participation and equality in governance. Gender equality and increased participation of women and all ethnic groups in governance is one of the ways of making Nigeria work for all. This is a shared vision which must be sold to the people and practiced intentionally by Government.
“The present Constitution of the Nigerian nation is a key impediment to progress. It is therefore necessary for the National Assembly to address the following as a matter of urgency: the reform of the Exclusive List toward decongesting same; restructuring and devolution of powers away from the centre; fiscal federalism; a more equitable revenue-sharing formula; electoral reforms; judicial independence and financial autonomy; gender parity and women’s participation in governance; a robust security architecture characterised by multi-level policing; and constitutional guarantees of social, economic and human rights.”
court processes to the delivery of judgment. A system should be technically evolved to the point where certain applications or court documents can be processed and obtained online without being physically present at the court premises.
“The Conference notes that the judiciary is grossly underfunded, and that arm of government still does not enjoy autonomy. Consequently, the Conference calls for adequate funding of the justice and full implementation of the constitutionally guaranteed financial autonomy of the Judiciary, as well as total independence of the Judiciary. The Judiciary is equally urged to adopt protocols and empower its constitutionally provided structures and processes, to assure their independence and insulation from external interference.
“Disobedience of court orders by the Executive is an issue of grave concern made worse by the fact that the enforcement of court orders is carried out by the Executive using the Police. As a remedy, a specialized force should be created under the direction and supervision of the heads of courts and this force/body will be charged with the sole responsibility of enforcing court orders and judgments rather than relying on the Police which is an arm of the Executive. This assures true independence of the Judiciary.
“The Conference also supports that the appointment of judges must be open and transparent such that meritocracy is enthroned on the Bench.
“ Members of the Bar are reminded that their relevance will not be measured by the impeccability of the lawyer’s advocacy or drafting skills, but by their ability to give practical solutions to emerging, technology-driven challenges.
To this end, the Conference urges members of the Bar to integrate the global, automated digital world with traditional legal structures in order to provide a framework within which these new technologies can be harnessed to enable members compete in a global economy. Young lawyers must acquire ICT-related skills to be technologically savvy and relevant in this emerging technological economy.
The Conference recognizes the need for lawyers to start a new conversation as rebuilders of our institutions and urges the older generation of lawyers to mentor, impart positive values of integrity, credibility, and professionalism of the profession to the next generation.
With the emergence of arbitration and conciliation as a force in dispute resolution, the Section recommends a repositioning, and encouragement of such solutions for effective dispute resolution and development of law firms in Nigeria for greater impact and efficiency.
The Conference frowns at the excesses of members of the Bar who have been provided with the opportunity of occupying public offices and recommends that such members be made to face the Disciplinary Committee wherever their actions have been found to be less than desirable as professional misconduct.
The Conference resolves that, as a way of improving the practice of law, the Bar and Bench should refocus on excellent justice delivery for clients rather than delaying or stalemating cases with unnecessary interlocutory applications based on procedural/technical issues.
The Conference recommends the appointment of more judges and the construction of more courtrooms to promote the speedy dispensation of justice and restore public confidence in the justice system, especially for speedy completion of litigation.
The Conference identified the recurrent development of police excesses and breach of existing laws in their quest for enforcing the law and urged law enforcement agencies in the country to always keep within the ambit of the law in their enforcement efforts.
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