Last week, thousands of lawyers gathered in Lagos for the Annual General Conference (AGC) of the Nigerian Bar Association (NBA). It ended with the swearing-in of Mazi Afam Osigwe (SAN) as the 32nd president, eight years after he served as General Secretary. ADEBISI ONANUGA and ANNE AGBI provide the highlights.
The 64th edition of the Nigerian Bar Association (NBA) Annual General Conference lived up to its billing.
The sessions were impactful as eminent personalities and legal luminaries engaged in vital discussions on topics around the theme: “Pressing Forward: A National Posture for Rebuilding Nigeria.”
It began with an opening ceremony, with the Director-General of the World Trade Organisation (WTO), Ngozi Okonjo-Iweala, as the keynote speaker.
She stressed the need for consistency in economic policies.
Okonjo-Iweala noted that Nigeria is not where it should be and “has not progressed as it should have.
“That is why, more than 60 years after independence, we are still discussing nation-building.”
On the way forward, she said: “All major actors in the governance of our country should agree on some basic parameters for security, macroeconomic and social stability, and the enabling environment for future dynamism and growth of our country.
“Once agreed, these parameters and policies should be institutionalised or enshrined in law or even be made part of our Constitution, not to be tampered with, except perhaps through a national referendum involving the entire country and society.
“Maintaining good economic and social policies, that is, maintaining policy consistency, and adding more reforms on top of that will lead us along the path of good progress that we all desire.”
President Bola Ahmed Tinubu reaffirmed his administration’s commitment to upholding the rule of law, adhering to the principles of separation of powers, and tolerating dissent within the bounds of the law.
Speaking through Vice President Kashim Shettima, the President emphasised his administration’s dedication to these fundamental principles.
“Let me reassure you all that this administration will continue to promote the rule of law, adherence to the principles of separation of powers and tolerance of dissent within the bounds of the law,” he declared.
The breakout sessions
One of the breakout sessions featured governors of Ondo, Rivers, Oyo and Jigawa states, who restated their commitment to state police.
They agreed that the centralised policing structure has proven inadequate in the face of the complex and evolving security challenges
The governors said the fear of abuse should not stop state police establishment as they believe safeguards can be put in place to address such concerns.
Day Two of the conference started with the opening plenary.
The keynote speaker, John Dramani Mahama, former president of Ghana, spoke on “the future of Africa amidst rising security, economic and political challenges.”
He gave a brief history of how Ghana attained its independence in 1957.
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He stated that statistics have shown that most Ghanaians believe that the country would be better off under a military regime than a civilian.
He said these statistics and sentiments might be similar to Nigeria, partly because they believe democratic governance has not served them well.
He described the Ghana military rule in the 1960s as “The lost decades”, noting that in 1990, African countries began to go back to democracy.
Mahama was of the view that no economy would grow through high import-dependence.
He also believes Nigeria’s focus on the oil sector has harmed others such as agriculture.
He implored lawyers to not just be a voice but be a channel driving change.
He suggested that Pan-African Law firms should be established to function across African countries, thereby creating a safe legal ecosystem across Africa.
Mahama said the task of rebuilding Africa requires the courage of an Owl, the carriage of a lion and the vision of an eagle.
Tackling conflicting decisions
One of the session themes was “Intersection of rule of law and human rights in Nigeria: unlocking opportunities for a democratic future.”
President of the National Industrial Court of Nigeria, Justice Benedict Kanyip, emphasised the importance of the equitable maxim that where there is a wrong, there must be a remedy, and discussed the role of precedent in ensuring stability in law while allowing for necessary flexibility.
He was of the view that conflicting decisions undermine the judiciary and the rule of law.
A.U. Mustapha (SAN) argued that the judicial system is the cornerstone of justice in a nation, and conflicting decisions erode public confidence and threaten legal certainty.
He cited examples of Supreme Court cases with contradictory outcomes and stressed that the court’s role is to interpret, not make law.
Mustapha identified causes of conflicting decisions, including political interference, inadequate training, and lack of a centralised database.
He recommended sanctions for those responsible for legal abuses and called for reforms like an automated case filing system and improved judicial training.
D.C. Enwelum (SAN) noted that conflicting decisions have been an issue since the military era in Nigeria.
He called for a rethink of the judicial system, emphasising that judgments should be fair and people-centred.
Building a modern law firm
“What will successful law firms look like in the future?” was the theme of one of the sessions featuring Richard Atkinson, Vice President of the Law Society of England and Wales, Peter Maynard and Adedayo Adedeji (SAN).
Atkinson highlighted the critical role AI plays in the success of modern law firms, noting that firms that effectively integrate AI into their practice can significantly enhance the services they provide to clients.
He acknowledged that while AI offers tremendous benefits, it also presents challenges, particularly in safeguarding client privacy and ensuring compliance with regulatory standards.
He stressed that the ability to use AI effectively varies between small and large firms, and it is essential to consider safety, security, fairness, and accountability when adopting these technologies.
Maynard reinforced the importance of AI and data analytics in the legal field, emphasising that tools like ChatGPT can improve the management of both billable and non-billable hours, ultimately boosting a law firm’s reputation.
He also pointed out that successful law firms often focus on community well-being by offering pro bono services, which can be supported by leveraging technology.
Drawing from his book, “Poverty, Justice and Rule of Law,” Maynard provided examples of how technology can contribute to a law firm’s growth.
Adedeji underscored the significance of the lawyer-client relationship, emphasising that clients seek solutions to their problems.
He identified key challenges facing law firms today, including changing client expectations, increased competition, and the rapid pace of technological advancement.
Adedeji stressed that overcoming these challenges requires socialisation, collaboration among law firms, and, most importantly, the adoption of technology.
He believes that without embracing technological tools, lawyers risk becoming obsolete in the evolving legal landscape.
Ope Olugasa, CEO/MD of LawPavilion Business Solutions, led a practical session where he showcased the NBA digital stamp and seal powered by blockchain and integrated into Microsoft Word.
He demonstrated the efficiency of AI with LawPavilion PrimsolGPT, an AI specifically trained on the nuances of Nigerian law to provide reliable legal answers.
Conferees posed legal questions to be answered by the AI and to the amazement of all in attendance, the LawPavilion PrimsolGPT gave a highly detailed answer to the question asked with its generative AI complete with comprehensive relevant authorities and references.
Olugasa stressed that AI is not here to replace lawyers but to make their work easier and more seamless.
He pointed out that there is a need for due diligence by lawyers even while making use of AI.
Globalisation and the legal profession
Koyinsola Ajayi (SAN) said globalisation has enabled the integration of economic activities across borders.
He noted that technological and intellectual innovation has been the driving force behind globalisation.
He added that globalisation has reduced the cost of transportation and communication, thereby propelling profitable economic activity over large distances.
According to him, the process of globalisation has impacted every sphere of life in modern society and legal services are no exception.
“Globalisation carries with it some challenges. Many lawyers on the continent view it as a threat to their futures and try to ignore it or battle against it.
“This is largely a result of the entrance of global firms into local legal spaces.”
He cited Nigeria as an example, saying that the very idea of allowing global firms access to the Nigerian legal market has unsettled many practitioners, especially when most local firms do not have access to the global legal market.
Ajayi said the current reality is that economic globalisation is shaping the present and possibly the future of legal practice globally.
Rise of AI
One of the breakout sessions focused on the rise of artificial intelligence in the practice of law.
Among the panellists were Justice Kashim Zannah (Chief Judge of Borno State) and Akintunde Agunbiade.
Justice Zannah explained how they have used the Nigeria Case Management System (NCMS) to get data which they feed the A.I to train it to be able to draft accurate judgments for judges.
He emphasised that AI is as good as the data it is trained on and opined that human oversight is needed for AI at this level.
He called on all legal practitioners to embrace AI and be willing to feed the system with data as a lot of data is still needed.
He encouraged states that have not started NCMS to start and asked the lawyers in such states to mount pressure on their Chief Judge if need be.
How career women can thrive
One of the sessions featured Nigeria’s leading female bank Managing Directors Yetunde Oni (Union Bank), Kafilat Araoye (Lotus Bank), and Bokola Smith (FSDHA Merchant Bank).
It was moderated by Oyinkansola Badejo-Okusanya. The topic was: “The glass is shattered: insights from Nigeria’s female banking leaders on achieving career success and staying relevant.”
The panellists said women who find themselves in top positions and thriving in their careers need the help of mentors and sponsors.
A sponsor, it was noted, is described as someone who speaks for you when you are not there.
They also spoke on the importance of family, friendship, feedback and faith.
The panel members suggested an extra one-month hybrid option after the three months of maternity leave.
They also suggested the provision of crèche at the office by various organisations.
The session ended by advising women to speak up more at work, be confident, and ensure they continue learning and improving.
Making Nigeria an arbitration seat
Among the speakers for the arbitration session was Folashade Alli (SAN).
The panellists spoke on the need to promote arbitration in Nigeria.
They advised that citizens should be more receptive to adopting Nigeria as the seat for the settlement of arbitral disputes as opposed to foreign jurisdictions.
The benefits of adopting this include economic progression and development of the Nigerian legal system.
Speakers identified various challenges facing arbitration in Nigeria and the possible reforms as well as key improvements.
These include lack of support, structure and courts entertaining frivolous actions; lack of education, training and capacity building and lack of facilities/ inadequate facilities.
On possible reforms, they recommended creating an arbitration database, building competence and ethics of the legal profession, adopting online documentation, filing and continuous professional development.
They also recommended key improvements by the Arbitration and Mediation Act of 2023, such as the adoption of international best practices; immunity for arbitrators, consolidation of parties/cases and independence from court interference via stay of proceedings.
My agenda, by Osigwe
The week ended with the swearing-in of the new president Mazi Afam Osigwe (SAN), who succeeded Yakubu Maikyau (SAN).
Along with his exco, he promised to lead a proactive bar that “diligently identifies and addresses potential challenges.”
He promised that under his stewardship, the Bar would uphold vigilance, responsiveness, responsibility, constructive engagement and be forward-thinking.
He said: “Legal practitioners occupy a unique position in society, one that enables us to effect positive changes in society and to uphold the principles of justice, equity, and fairness.”
Osigwe said he would ensure that the law serves all Nigerians, irrespective of their background, status or affiliation.
He said the NBA would ensure that the rule of law is complied with and that it serves all irrespective of status.
Osigwe decried the loss of confidence in the judiciary and announced a plan to review appellate court judgments towards upholding the rule of law.
The new president said his focus areas include improving legal education, enforcing rules of the profession, protecting legal businesses, a monthly inspection of police stations and other detention facilities, establishing an NBA national litigation committee, monitoring local governments, continuing professional development, justice sector reform, quarterly review of appellate court decisions, NBA constitution amendment and addressing stamp and seal hiccups.
Osigwe said: “We must ensure that the law serves all Nigerians, irrespective of their background, status or affiliation.”
He promised to ensure that policies and programmes meet the yearnings and aspirations of Nigerians on good governance, transparency in financial expenditure, reduction in the cost of governance and ensuring that the “welfare of our people is given topmost priority.”
Osigwe announced the composition of several committees to deliver his agenda, one of which will review appellate court decisions quarterly.
He said the committee will present “well-researched commentaries on such cases that nudge the courts towards a more coherent and consistent adjudication that promotes the rule of law and democratic freedoms”.
According to him, the quality of judicial decisions, especially from the appellate courts, was a major reason for the high level of public mistrust of the judiciary.
“The Adjudicature Review Committee (ARC) will publish quarterly reports that will review one or more high-impact decisions of the Supreme Court or the Court of Appeal and propose strategic insights that will guide further developments or refinements of the major themes of economic, social and political development.
“The committee will produce quarterly a judicial reform report that would outline various interventions by the leadership of the Bar, to drive the reform of the legal profession in order to position it as the champion of democracy and good governance in Nigeria.
“The reports will be a review of the legal profession for the preceding six months or past years and a proposal of actions to strengthen the practice of the profession in order to advance the rule of law and democracy,” Osigwe said.
On local government monitoring, the NBA President said the association would ensure that the Supreme Court judgment is complied with.
“As the watchdog of the society and in living up to the motto of our noble association, to wit: the defence and promotion of the rule of law, the NBA under my leadership, shall set up a local government monitoring committee, to monitor and ensure strict compliance with the judgment of the Supreme Court by the relevant tiers of government, with the ultimate goals of enhancing good governance, deepening constitutional democracy and above all, to promote the rule of law in our country
“The NBA with branches spread across the 36 states of the federation and the FCT is best positioned to monitor the 774 local government councils in Nigeria, with respect to not only their full compliance with the judgment of the Supreme Court but also their delivery of dividends of democracy to our people at the grassroots level all over the country,” he said.