The Nation Newspaper

Tag: NBA

  • NBA kicks against prosecution of Usoro 

    The Benin branch of the Nigeria Bar Association (NBA) has called on all lawyers irrespective of political leanings to fight off what it termed the Economic and Financial Crimes Commission (EFCC) persecution and unwarranted intrusion into the practice of law and legal profession.

    It called on lawyers to choose professionalism over politics and stand with the NBA National President Paul Usoro.

    Its chairman Prince Collins Ogiegbaen spoke at the 2018 Young Lawyers Forum in Benin City.

    He said the EFCC should not be allowed to extend unwarranted and unconstitutional jurisdiction over the contractual relationship that exist between a lawyer and his clients.

    Ogiegbaen noted the EFCC should not also constitute itself into an auditor or regulator of legal fees earned by lawyers.

    He warned there would be gradual erosion of the independence of the legal practice and the judiciary if such actions of the EFCC were allowed to fester.

    According to him: “It is my position that inherent in the present charges and undertaking of the Commission is a deliberate and calculated attempt to denigrate the person of Mr. Usoro and the office of the National President of the NBA and bring it to disrepute as well as ridicule it for political ends.

    “The EFCC is in serious breach and violation of the client-lawyer privileges.”

  • NBA protests killing of lawyer in Ekiti

    Activities were on Monday paralysed in many courts in Ado-Ekiti as members of the Nigerian Bar Association protested the killing of a lawyer by kidnappers.

    The lawyers, who all wore black attires to the premises of the State High Court, wielded placards with various inscriptions denouncing the killing and demanding the arrest of the kidnappers.

    Some of the placards read:  “ Stop killing lawyers in Ekiti State,’’  ” No to killing, No to Kidnapping,’’ ” We demand arrest, prosecution, punishment of kidnapper,’’ and  ” State Government, Police, Army,  do your job.’’

    Addressing newsmen, the Chairman of Ikole-Ekiti Branch of the NBA , Mr Ibrahim Olarewaju, said the victim, Mr Adeola Adebayo,  was kidnapped alongside with his family members on Nov. 17 at Erio –Ekiti.

    He said the kidnappers released the victim’s family members and held him captive after demanding N100 million ransom.

    Olarewaju said the family could only raise N2 million which was paid as ransom to the kidnappers.

    Read Also: Osinbajo, Yari meet in Aso Rock

    He expressed regrets that the victim, who was the Secretary of the Ikole-Ekiti branch of NBA,  was shot in spite of the payment.

    Describing the victim as a vibrant colleague with a promising future, he urged traditional rulers in the area to work with security agencies to fish out the hoodlums.

    “The traditional rulers should send their vigilantes, hunters and Neighbourhood Watch members to these bushes to stop the brutal killing of Ekiti residents.

    “ Enough is enough on this evil killings and kidnappers, ” he said.

    The Secretary of the Ado-Ekiti branch of the NBA, Mr Temidayo Akeredolu, recalled that the son of a member was also brutally killed on the day he was called to the Bar in Abuja.

    He called on government at all levels to make the security of life and property a priority.

    (NAN)

  • NBA now ‘silent entity’ on rights abuses, says Adegboruwa

    Civil society activist Ebun-Olu Adegboruwa was recently appointed Chairman of the Justice Sector Programme Commission of the African Bar Association (AFBA). In this interview, he shares his views on the challenges of the appointment, justice administration in the country, Alternative Disputes Resolution (ADR) mechanisms and sundry issues. Legal Editor John Austin Unachukwu met him.

    You have just been appointed Chairman, Justice Sector Programme Commission of the African Bar Association (AFBA). How do you feel about this?

    I feel good and I feel honoured. The letter of appointment stated clearly that there was a qualification panel that screened potential candidates for the office and I was found worthy. In fact, the letter also stated that I was found eminently fit to hold the highly exalted position. When you recall that I had no hint of the pre-qualification exercise, that I did not apply for this job in any way at all, then you would feel the same way I am feeling about the whole matter. When you are honoured unexpectedly, without as much as lobbying for it, then such honour comes with inner satisfaction indeed. I also feel proud to be a Nigerian, to be a lawyer and to be an activist. You know that it takes a lot to be an activist, to be able to maintain certain positions on national issues, at the very risk of your life and even your income. Because of the position I hold on national issues, my clientele is limited, there are cases that I cannot handle and I cannot afford to do what some of our colleagues do to survive. So, when you consider the implications of my stand on my finances and my legal practice, then you cannot but thank God with me for such a global recognition as this appointment. But above all, I thank God Almighty, for I know that recognition and promotion generally, all come from God. The appointment is thus a kind of reward for me, when you consider the sacrifices that I have made, in deprivations, in arrests and detentions, in loss of briefs and other perks that my colleagues enjoy. So, I thank God. It shows that I have not laboured in vain.

    What do we expect from you and the association in the next few weeks?

    I will be guided by the aims and objectives of AFBA in the discharge of my duties as Chairman of the Justice Sector Programme Commission. AFBA hopes to strengthen professional links between members of the legal profession in Africa. This is a mandate for professional interaction, which will be best handled by robust and aggressive networking between the regional entities constituting the Bar Associations of the various countries. For instance, Nigeria is experimenting with a new Administration of Criminal Justice Act. In this regard, it will be necessary to examine extant legislations of other countries in relation to the criminal justice administration, for the purpose of harmonising the processes and procedures for effective justice administration. The judiciary in Lagos State is presently in the process of enacting a new civil procedure rules to guide civil cases. We can take from the experiences of other countries in order to curb the hydra-headed monster of delay in our justice system.

    What other emerging trends do you hope to adopt in this exercise?

    The emerging trend for justice administration is Alternative Dispute Resolution (ADR) mechanisms, which takes away from the bureaucracy and bottlenecks of the existing justice administration patterns. We will seek to explore the potential of the ADR platforms for the purpose of unifying them for smooth operations in order to encourage investments and commercial activities to the continent. AFBA also seeks to maintain the honour and integrity of the legal profession through the promotion of the highest standards of professional ethics. Nigeria maintains very solid disciplinary system for legal practitioners through the Legal Practitioners Disciplinary Committee. We owe the profession a sacred duty to preserve its nobility, by ensuring that integrity becomes the hallmark of all legal transactions. Part of the reasons we still have many cases in court in spite of bulky agreements is lack of integrity. Because if you have honour and integrity, you do not even need any document before you honour your obligations. But when documents are then prepared and executed and people still live in breach, it shows lack of integrity. If we don’t arrest the drift urgently, our profession will be doomed.

    How do you achieve this feat?

    AFBA is advocating encouragement and support of strong and vibrant independent Bar Associations and law societies within member states of the Association. As you would well recall, the Nigerian Bar Association used to be the most potent pressure group in Nigeria, followed closely by the Nigerian Labour Congress and the students unions and then the civil society groups. Up till the regimes of Chief Wole Olanipekun (SAN) and Mr. Rotimi Akeredolu, (SAN), the NBA used to be the voice of the voiceless. We are all worried now that the association seems to have become a silent entity in the face of the many abuses of the rights of the people, disobedience to court orders and various marks of gross impunity across the land. We must consciously reduce the influence of politicians in the emergence of Bar leaders, which is being driven by the monetisation of the race during elective campaigns. We hear of governors sponsoring candidates for NBA election and of people devoting millions of naira for the exercise. That can only mean one thing, namely that there are now vested interests who seeks    to take over the Bar to use it for their own political adventures. That shouldn’t be at all.

    Is that all?

    The other aspect is that judicial officers are supposed to be non active members of the Bar and what that simply means is that the Bar stands to protect and speak for them at all times. But you very well remember the invasion of the houses of judicial officers in Nigeria by the DSS, when justices of the Supreme Court were picked up like snails and herded into custody. The Bar in Nigeria could not save that terrible invasion of judicial quarters. So, the focus will be to see if there are situations that could warrant external intervention or pressure from AFBA, in order to help assert the independence of the municipal Bar Associations, all across the continent, not just in Nigeria. AFBA exists to encourage adherence to the Rule of Law and the independence of the judiciary in all member states and the continent at large. This has been a major challenge for the continent, especially with leaders, who want to remain in office for periods longer than approved by the respective laws of their states, for instance, as it recently happened in Cameroon.

    What is the role of the judiciary in all these?

    As you know, the judiciary is the major stabilising force in any government. With the constant take over of power in Africa by the military, the judiciary has always been at the receiving end of most dictatorial powers. This has been a major setback for various governments in Africa and AFBA through our Commission will seek proactive measures that will strengthen the judiciary and guaranty its independence, through improved welfare packages, security of tenure of office and robust retirement packages. Good enough, Nigeria just signed into law an Act, which now allows the judiciary to control its own funds directly from the Consolidated Revenue of the Federation. Funding has been a major hindrance to asserting judicial independence, as the judiciary has always been going cap in hand to the executive for funds and as you know, he who pays the piper dictates the tune. We hope to use the Nigerian template to encourage lawyers in other countries to lobby the legislatures of member states enact similar law to enable the judiciary control its own funds and be weaned from the dominance and interference of the executive.

    Another major objective of AFBA is sensitisation and awareness campaigns on the usefulness of the legal services to the public in member states. As you well know, illiteracy is still a major issue across Africa, and many of our people in the hinterlands are not conversant with the rights and benefits available to them in law. You will be shocked at the way people endure violations of their rights due to sheer ignorance. So, we hope to partner the Bar Associations to educate our people on their rights and the need to embrace legal services as opposed to arbitrary customary arbitrations that do not address the main issues in dispute.

    Do you intend to apply any international instruments in achieving this objective?

    Just like the Nigerian Bar Association and most Bar Associations in Africa, AFBA will seek the protection of Fundamental Human Rights within the member states. This is critical for us as a continent, all of which are member states of the United Nations. The UN Charter contains robust provisions for the promotion and protection of human rights, and then there is the Universal Declaration of Human Rights, the UN Commission on Human Rights and such other international agencies involved in human rights campaigns. Of interest to us is that we already have in Africa the African Charter on Human and Poeples’ Rights, which contains very unique provisions sufficient for the advancement of the rights of the people of the continent.

    As it is now, many African nations have not endorsed the African Charter as a municipal legislation that can be enforced in municipal courts across the continent. We will institute an aggressive campaign in this regard, as a starting point for establishing a continental mechanism for the promotion and protection of human and peoples rights.

    We will also examine the process of resolving electoral disputes arising from very contentious elections. From experience, it is those who are usually aggrieved from electoral losses that go into rebellion, insurgency and terrorism and then form groups to overthrow the winning side. So, if we are able to ensure the integrity of the election tribunals, then we will be able to instill some confidence in the system such that will make parties before such tribunals become satisfied with the outcome of their decisions.

    You have been in involved public interest advocacy for a long time, what has been your motivating force?  How do you think this will encourage you or discourage you in this pursuit?

    My public interest advocacy is premised upon my pedigree. While in the university, I was privileged to represent my classmates at the Law Students Society, thereafter as Public Relations Officer of the Students’ Union and then ultimately as President of the Obafemi Awolowo University Students’ Union. I was in this regard also a member of the Senate of the National Association of Nigerian Students. So, I didn’t just stumble into activism all of a sudden. After my schooling career, I  joined Chief Gani Fawehinmi, (SAN) and I was a counsel in his Chambers for about five years and you very well know what that means, because Gani’s Chambers served as the headquarters of human rights advocacy in Nigeria then and I was deeply involved in most of the cases. So, it was not difficult for me to continue in that line when I eventually set up my own law firm in year 2000 and I have not looked back since then. The way I get motivated in this regard is to take my legal practice as a form of ministry to help the needy, who seek justice.

    I presently don’t have enough resources to set up a foundation to sponsor people to the university, so I look at myself and decided that I can use my talent and knowledge as a lawyer to help people who are in need of justice. Beyond this, I also sit down at times and look at society generally and if I see any area of law where I can intervene to get justice for the people generally, or where I can deploy law to ease their burdens, as with the environmental sanitation case where people were being locked up for three hours every last Saturday of the month compulsorily, I then go ahead and intervene. This is also what motivated me to challenge the toll fee being charged on the Lekki bridge and the expressway. The other motivation is God Himself, as I am presently a minister in The Redeemed Christian Church of God. At times, I just get a lead in my spirit to take up certain matters and once I have peace in my mind about it, I then discuss it with my wife and proceed in the way my mind leads me.

    How do you see the AFBA assignment in the light of these?

    I see this AFBA assignment as a continuation of my previous engagements and I am encouraged that it was not something that one lobbied for. So, that in itself is a form of motivation to try to excel in it for humanity and my colleagues across the continent, who are all looking up to our Commission for the transformation of our justice sector, progressively. Discouragements abound in every sphere of life, it all depends on your reaction to it. As a child of God, I am trained to believe that life cannot be rosy all the time and so we expect adversities and some lows as part of the downside of life generally. But with determination and God on our side, we will do our best to overcome all forms of discouragements along the line of duty.

    Which agencies and collaborations do you think you need to discharge your duties effectively?

    Generally, I believe that our Commission would have to work with all municipal Bar Associations across the continent of Africa, as they form the nucleus of AFBA. We need these Bar Associations to be able to gauge the tempo of occurrences in their respective states. You know we have to also maintain some level of non interference in the local and internal affairs of the Bar Associations. So, it is when these Bar Associations have exhausted all available means municipally that AFBA can intervene to give them support. But there are circumstances that may call for direct intervention, in cases of gross abuse of power, violations of peoples’ rights and intolerable injustice or impunity. But by and large, we will partner the Bar Associations.

    Globally, we will be working with international agencies of the United Nations, the European and African Unions, we will need the collaboration of donor agencies to assist in the execution of our mandates and the governments of member states and their agencies. Most critical to our assignment is also the support of the International Bar Association and its allied committees, in order to achieve global synergy in the pursuit of our objectives.

     

    What is your advice to AFBA members to enable the association achieve its desired objectives in Justice Sector Programme Commission?

    I think up till now, a lot of our colleagues are still in the dark about the activities of AFBA. So, there is the need for public awareness through the municipal Bar Associations, especially when they have major programmes such as the Bar Conferences. The issue of the retrieval of the Secretariat of AFBA from the Nigerian government is very critical to the operations of AFBA. With the Vice President of Nigeria and other eminent lawyers in the present administration in Nigeria, it should not be difficult to achieve this, if we can work harmoniously with the Attorney-General of the Federation, Mr Abubakar Malami, (SAN). The other issue is funding. This is needed for effective performance. We can engage the Bar Associations to entrench a system of generating funds for AFBA’s programmes and activities in order to make it more effective and relevant. But going forward, I must commend the Executive Council of AFBA, especially for the success of the Nairobi Conference.

     

     

    It takes a lot in planning and execution, to be able to put together a Conference with the challenges of funding. I believe that Nigeria should benefit immensely from the presence of AFBA in our country and nothing can be too much in terms of support for AFBA by the Nigerian Bar Association and the government of Nigeria

     

     

     

    What is your view on the current state of Nigerian nation and justice administration in the country?

    The state of the Nigerian nation presently is very worrisome indeed. As the leading nation in Africa, we should endeavor to set the pace in virtually all areas of human development, but that has not been the case. When you consider the challenges of justice administration in Nigeria, one cannot but come to the unenviable conclusion that we are way back in this area, compared to some other African countries.

    What do we do now?

    It is something that we need to address urgently, the state of the judiciary in Nigeria, the poor welfare package of judicial officers, the appalling state of legal practice generally and the falling standards of legal education. We need a leader at the helm of affairs, who can appreciate the need to declare a state of emergency in the judicial sector and to tackle the problems headlong, because unless we have a functional judicial system, democracy is in peril and development will keep eluding us, as a nation.

     

     

  • NBA hails Fed Govt on ease of doing business

    Nigerian Bar Association Section of Business Law (NBA-SBL) Chairman Seni Adio (SAN) has hailed the Federal Government for raising the bar on the ease of doing business.

    Adio was speaking at a session on the Africa Trade Forum 2018, hosted by Ministry of Industry, Trade and Investment, the United Nations Economic Commission for Africa (ECA), The Rockefeller Foundation, and the African Union Commission (AUC), in Lagos.

    He said: “To consolidate on the success and improve on other areas of doing business in the country, the Companies and Allied Matters Act. (CAMA) is undergoing a holistic review to remove remaining barriers to ease of doing business in the countgry.”

    Mr. Adio, along with other critical stakeholders, were on October 22, 2018 inaugurated into the Presidential Committee for Impact and Readiness Assessment of the Africa Continental Free Trade Area (AfCFTA) by President Muhammadu Buhari.

    The committee is charged with  addressing risks associated with signing the agreement. Its terms of reference include: assess the potential costs and impact of the AfCFTA for Nigeria in relation to the benefits; identify the short, medium and long-term measures to prepare Nigerian businesses for the take-off of the AfCFTA trading bloc and provide a back-up plan that covers selected scenarios; and review the trade remedy options to safeguard the Nigerian economy from predatory and other unfair trade practices.

    Mr. Adio said developing the right policy framework will open up Africa and provide jobs for teeming African youths and hoped that Nigeria will provide appropriate legal framework to protect her citizens and make Africa a pride of all Africans.

    The Forum brought  together stakeholders from across the continent, from political and governance spheres, the private sector and entrepreneurs, philanthropies, academia, researchers, and development partners, to discuss the process for realising the AfCFTA.

    The AfCFTA was signed in March 2018 by 44 African countries and if ratified, will become one of the world’s largest trading blocs. It is also the biggest trade agreement signed since the World Trade Organisation (WTO) was established, bringing together 1.3 billion people with a combined gross domestic product (GDP) of more than $2 trillion in a single market. The agreement aims to provide improved competition and lower business costs.

    The Forum’s purpose is to look into the challenges and opportunities of the AfCFTA in individual African states, and to better understand how AfCFTA can drive economic development and prosperity on the continent for all of Africa’s citizens.

    “The idea of an integrated African market to industrialise Africa, spur growth, enhance welfare and create jobs has been around for a long time. However, with the actual emergence of the AfCFTA in 2018, the decision was taken by the government to mobilise stakeholders in the Nigerian economy to understand its details, interpret its opportunities and reorganise our economic system for coherence and co-ordination, if the opportunities of the AfCFTA are to be realised and maximised.

    “This forum is a unique opportunity to proactively engage with a wide range of stakeholders to ensure that AfCFTA works for Nigeria,” said Dr. Okechukwu Enelamah, Nigeria’s Minister of Industry, Trade and Investment.

    The AfCFTA offers a long-awaited platform for Africa to ramp up its industrialisation through various channels such as eliminating tariffs on intra-African trade, which will result in more competitive services that reduce business costs, improve business efficiency, and enhance value to consumers.

    Economic Commission for Africa (ECA) Executive Secretary Vera Songwe said in an age of trade wars, Africa is sending a strong message that trade deals and reforms can be approached through consensus-building and cooperation, leaving no one behind.

    “In order to ensure the African Continental Free Trade Area has a game-changing impact on African economies, we must now develop clear strategies for product diversification and inclusive implementation. The speed at which countries have signed and are now ratifying the AfCFTA agreement underscores the momentum behind this African flagship initiative,” the ECA Chief said.

    According to ECA studies, Africa is less industrialised today than it was three decades ago. The continent’s manufacturing share of output and exports has steadily declined, and Africa’s exports remain largely concentrated in primary commodities and raw materials. Through AfCFTA, industrialisation will help create employment for Africa’s growing youth population, thereby improving livelihoods, access to education and health.

    The agreement is also expected to lead to booming multi-sectoral growth in areas including agriculture, where the AfCFTA will provide opportunities to drive agri-business and provide access to new regional markets for farmers and regional agro-value chains.

    With regard to access to electricity, about 600 million Africans still lack access to electricity. If current trends continue, it could take up to year 2080 until Africa achieves full electrification. The AfCFTA would help build momentum on establishing an integrated set of platforms and partnerships to drive regional power systems, accelerate energy access for productive use, and bring down the costs of Africa’s power generation.

  • NBA, group mourn Kutigi

    The judicial pronouncements of former Chief Justice of Nigeria (CJN) the late Idris Kutigi will remain reference points for future generations, Nigerian Bar Association (NBA) President Paul Usoro (SAN), has said.

    Justice Kutigi, who died on October 21, aged 79, was Niger State Attorney General and Commissioner for Justice before becoming a high court judge.

    Usoro, in a statement, said Kutigi’s death has robbed Nigeria of one of its icons.

    “This is a loss, not just to the Nigerian judiciary or even the legal profession, but a loss to Nigeria, as a nation, and it comes at a crucial time when strong and respected voices need to be heard in defense of our national ethos such as the rule of law, democracy, Nigerian unity and oneness as a nation, respect for the fundamental rights of our people and much more,” NBA president said.

    A human rights group, the Access to Justice, said the late Kutigi served Nigeria and the Judiciary inspirationally and faithfully.

    A statement by its Convener Joseph Otteh reads: “It was him who promulgated, in 2009, the Fundamental Rights (Enforcement Procedure) (FREP) Rules (2009) that is currently used to enforce fundamental rights in our courts.

    “The FREP Rules fundamentally changed the landscape of enforcing constitutional rights in Nigeria.

    “It simplified fundamental rights litigation, made it speedier, and created a separate, inexpensive filing-cost regime for human rights cases, thus ensuring that poverty was, as far as human rights cases go, not a significant barrier to access to justice.

    “The Rules also direct courts to ensure that international norms of human rights are applied in the resolution of domestic human rights claims.

    “Hon. Justice Kutigi’s legacy will live on, not only in the tremendous contributions he made to national development but also in the FREP Rules.

    “No narrative of the struggle for judicial activism in the protection of constitutional rights in Nigeria can be authentic or complete without a mention of his prodigious contribution to it.”

     

  • ‘What NBA can learn from IBA’

    Mr. Paul Usoro (SAN) is Nigerian Bar Association (NBA) President. He was at the International Bar Association (IBA) conference in Rome. He unveils the impact of the conference on him and how he intends to improve the well-being of Nigerian lawyers. Legal Editor JOHN AUSTIN UNACHUKWU met him.

    Did you observe any significant difference between the way the NBA organises its conferences and the way the IBA organises its own? Any lessons?

    Ok, let me tell you one of the significant differences, which I hope to bring in to our own conferences. People  here keep to time. If a session is to start at 10.00 am prompt, it starts at 10.00. on the dot. Another thing that I observed was that we heard the voices of people introducing speakers but you didn’t see them. So, that business of having to have a Master of Ceremony is something that we could cut out because it saves time and it looks more business-like. The third thing that a lot of sessions were actually organised by the committees, mainly of the LPD, which has so many committees. The human rights committee institute also has its own session. The different fora, they also had their own sessions. The Young Lawyers Forum, etc, all had their own sessions.

    You see that the different committees and fora are the ones who organise the content. The advantage of that as I had always mentioned to every  one is that it makes the conference participatory for every one because literally everyone who is here at this conference belong to one of these committees or the other. You see that the sessions are very informative, very interesting, very participatory and very educative.

    One other thing I can mention is that if you look at the programme, you will see that the venue for the next IBA conference is already decided. So, everybody now knows, then comes in advanced planning. It is not only where the next conference is going to hold or the date for it, but the planning in regards to the speakers, the theme, the topic, the different committees starting to plan things very early. It is not a three-month sprint. That is something that we also need to imbibe.

    What is your impression about the registration process and collection of material at the conference?

    Now, because there is an advanced planning, what you find is that they also had prepared the materials very early. That is also why they have a fast-track process so that the people who had registered early, all you needed to do  was to go to the fast-track desk and then in seconds, they confirm your details and just give you your materials and everything that you need. That is one of the significant things that I noticed but let me also mention the other thing that I noticed. The materials, that is, the papers that were presented at various sessions were not given to you in hard copy during the conference. You can download them, it is made easy for you to simply get them from the internet so you simply download them. So, what you actually have in that your conference bag is the schedule and the list of participants may be one or two other things which is like a momento and nothing more than that.

    That means that people must also get used to electronic communication for them to be able to download the conference materials from the net. You don’t find people going  round with the conference papers. Even the council meeting  that I will be attending much later in the conference, all that they did was to send me the link and I downloaded those materials myself.

    There is no doubt that you are  ICT compliant, having made your mark in telecommunication law. How is this going to impact the average Nigerian lawyer? Is the NBA website functional?

    I have segmented the things I want to achieve within the next two years into the respective years. This first year, one of my plans is that we should have a completely revamped website, that would definitely aid what I have just said about posting materials and then downloading materials. So, that is one of the things I plan to do and by Gods grace, I will achieve that, get a completely revamped website that will also be interactive. It will be modern and by the way, once you have a very good website for the association, there is really no need to say that we are setting up a separate website for a conference. It doesn’t make sense.

    How will you do it?

    All you need to do is to do one very good website for the association. That is one. Second, one of the things that I have decided to do, which is also a take away from IBA, is that by the next NEC meeting, which by God’s grace should be  next month,  we are going to have the committee  that is going to coordinate and prepare the Annual General Conference. Even before that NEC meeting, I am going to have meetings with all the sections, the fora, because I need to revamp them; I need to open their eyes to the possibilities and the responsibilities that they have and how they  can help us and help themselves in organising the next Annual General Conference. I hear people say: ‘Paul you need to appoint us to committees,’ ‘You need to appoint us to different other things’. My own take is if most of these people are really serious about developing themselves, all they need to do is to find their ways into the various committees of the sections, that is really where the intellectual work is done, that where the Continuing Legal Education is going to be done; that is where the development of your brain and your intellect really will be achieved and the more people we have to be there, the better the quality of legal practice will be and the development of skills. I want to revamp those sections and also the fora and give them the responsibility to help us content-wise as far as the planning of the annual conference for next year is concerned. And then what you have the committee do is to help us coordinate between them and the secretariat that will be responsible to manage and sort out the logistics issues.

    What is your plan for the NBA Human Rights Institute which is under the chairmanship of the NBA First Vice –President ?

    I intend to study the Human Rights Committee of the IBA structures. I want to understand exactly what their governance structures and procedures  look like, what their procedures are, what they are set up to achieve, how they are achieving those things and I think I will learn some lessons from there in revamping  our own Human Rights Institute. We’re we trying to do the same thing the IBA. Are we fashioned, modeled the same as they are? Are there certain things that we need to do differently? Those are critical issues that one needs look at and then see how best to revamp it and see how best we can achieve the essence of that very institute.

    How can Nigerian lawyers benefit from IBA?

    It is a good thing to attend conferences. Another thing is to actually benefit from those conferences. There are two ways to benefit. The first is intellectual, having to join the sessions. You could also ask questions. You might also find some of your issues resolved. The other part that I will encourage them to do as part of that intellectual development is to download the papers for those sessions so that you have a reading material. You download them onto your system and that way, they become reference materials.

    You could also network. You would meet people and in the process of networking, people get to know you, and who knows, they might have some matters out there. I just met a friend of mine who is practicing in Hong Kong. We were discussing and they said something and they mentioned Igbo. I teased the fellow. I said: ‘You are actually quite versed about my country’. They said to me most of their clients are Nigerians; that they have quite a number of Nigerians who do things for them.

    Through networking, we should be able to represent different people and some of the delegates who come to do business in Nigeria. That is how businesses develop and that is how relationships develop.

    The third one at the level of the Bar Association, how we can we can have a strong voice in IBA to influence things and how we can help our people. That is what I am working on and I will keep working on it.

  • NBA to Buhari: don’t fight selective anti-graft war

    At the end of its Annual General Conference, the Nigerian Bar Association (NBA) issued a communiqué, which addresses many issues. The association backed the calls for state police and faulted the non-passage of the PIGB, JOSEPH JIBUEZE writes.

    The Nigerian Bar Association (NBA) has urged the Federal Government not to be selective in the fight against corruption.

    It restated its support to the crusade, but said it must be across board.

    This was contained in a communiqué issued by the NBA at the end of its Annual General Conference in Abuja.

    “NBA reiterates its support for the war against corruption, but this war must be across aboard and not be selective.

    “In this regard, the NBA will work with all law enforcement agencies with the common objective of promoting the rule of law and, therefore, calls on its members to be vigilant and take necessary steps to prevent the molestation of legal practitioners when carrying out lawful duties.

    “The NBA asserts that investigative institutions like the Economic and Financial Crimes Commission (EFCC) must remain impartial so as to engender confidence in their operations.

    “This is, particularly, urgent as we enter into an election year. NBA is committed to a united, indivisible and prosperous Nigeria where no man is oppressed,” the association said.

    Strengthening democratic process

    According to NBA, a free and fair democratic process ushered in by smooth transition is the bedrock of sustainable development.

    “Government is, therefore, enjoined to ensure free and fair electoral processes so the outcome of elections reflects the wishes of the people.

    “In this regard the NBA pledges to engage with the Independent National Electoral Commission (INEC) to ensure that the electoral process lives up to the expectation of the people,” it said.

    NBA observed that partnerships between the electoral commission and the media must be encouraged and sustained because of the media’s role in institutionalising electoral integrity.

    “For sustainable development in Nigeria, the courts are called upon to make positive and proactive judicial pronouncements on the implementation and interpretation of Chapter Two of the Constitution of the Federal Republic of Nigeria 1999 (as amended),” NBA added.

    The Police

    NBA said a highly professional police force is important in a democratic dispensation.

    It called for adequate funding, equipping, policing capacity development, and improved welfare of the officers and men of the Police.

    “Serious consideration should be given to calls for states police with safeguards to prevent abuse. This way law and order will be more effective in the country,” it said.

    On rule of law and national security, NBA said it “completely rejects” President Muhammadu Buhari’s statement subordinating the rule of law to national security.

    It maintained that the rule of law is central to a democracy and that any national security concerns by the government must be managed within the perimeters and parameters of the rule of law.

    NBA frowned at what it called the present growing trend whereby government decides on which court orders to obey.

    “The court has exclusive duty under a democratic dispensation to interpret the Constitution and other laws and government and the citizenry must comply with court orders at all times until set aside,” NBA said.

    The association objected to the issuance of executive orders in respect to matters already in court and observed that any such order is a breach of the principle of separation of powers.

    NBA said can be better strengthened by an independent judiciary. It called for a budgetary arrangement that allows for funds to be directly allocated to the judiciary at federal and state levels.

    The lawyers’ body welcomed the ongoing reforms in the justice sector, especially as it pertains to technological innovations that will improve access to justice by the citizenry.

    Energy sector

    NBA frowned at the rejection of the Petroleum Industry Governance Bill (PIGB) by President Buhari and called for an urgent review of the decision.

    “After nearly two decades of the consideration of this bill, conference views it as a major setback in the efforts to sanitise the oil and gas industry,” NBA said.

    It called for support for indigenous petroleum producers who it said must be encouraged to meet with local consumption especially in an era where gas required for the power sector is still being flared.

    The association said the local content policy in the petroleum industry should be used for supporting these indigenous petroleum producers to ease their financing needs.

    Strong institutions and transformational leaders

    According to NBA, while strength of character is required for the building of strong institutions, more was needed.

    “In this regard, the NBA urges government and civil society to invest in the rebirth through ethical, moral and value reorientation, of a new type of citizen.”

    The association called for the institutionalisation of higher standards for transformational leadership.

    It suggested that there be new laws to set higher standards of academic qualifications for political office holders in Nigeria.

    NBA urged the executive and legislative arms to practice mutual respect for their respective functions as a tool for building institutions and achieving sustainable development.

    It said they must always act in the public interest, while “the current bickering must be reduced to the barest minimum”.

    The economy

    NBA acknowledged what it called the robust efforts by the Presidential Ease of Doing Business committee.

    It recommended the prioritisation of poverty alleviation, which it said should be approached through wealth creation, industrialization, provision of finance to small and medium enterprises and social welfare schemes.

    NBA said: “The Nigerian budget should be investment-driven with more reliance placed on local production and entrepreneurship while states should commit to supporting credit facilities to improve the provision of funds at the state level.”

    It called for the introduction of monetary policies that will support businesses, as well as aggressive investment in industrial development.

    NBA advocated business -friendly regulatory policies, and the need to widen the job market to accommodate more people by promoting the medium, small and micro enterprises (MSME’s) in targeted sectors such as trade, manufacturing, and agriculture in order to expand the tax base.

    It said credit facilities must be made a cornerstone for building businesses.

    Diversity and inclusion

    NBA urged the Federal and state governments to pass legislation to strengthen diversity and inclusion in Nigeria.

    “In this regard, the NBA advocates for speedy passage of the bill on persons with disability and gender equality presently before the National Assembly,” it said.

    The association called for the establishment of committees and task forces to promote diversity and inclusion at all levels in Nigeria.

    NBA frowned at the suppression of women under whatever guise and asserted that female education be given the same priority as given to their male counterparts.

    Technological development

    NBA said it recognises the increasing importance of technology in shaping society.

    It recommended that government should amend or pass new laws where necessary to catch up with rapid advancement of new technology.

    The association called for the overhaul of the educational curriculum from the basic to tertiary level to accommodate technological advancement.

    Human capital development

    NBA urged the government to see the link between insurgencies and security threats on the one hand, and poverty and lack of education on the other.

    On how to attain global best practices in human capital development, NBA recommended the “escalation of investment in youth education and health.”

    This, it said, is because “the youth are the future and guarantee of national prosperity; and massive education of youth in conflict zones as part of the strategy to fight this scourge (insurgency)”.

    The communiqué added: “The NBA frowns at the near absence of governance in these conflict zones and calls for the annual budget for education to be significantly increased in line with the United Nations recommendation.

    “In this regard, conference urges the Federal Government to enforce radical changes in public service delivery in healthcare and education, and place emphasis on appropriate planning and housing policies such as the Garden City tradition, tailored to suit the peculiarities of Nigeria’s teeming population.

    “Similarly, property rights through land title reforms need to be clear, transparent and upheld by the courts.”

  • NBA urges police to unravel branch chair’s killers

    The Nigerian Bar Association (NBA) has urged the police to find the killers of Mr. Emeka Agundu, Obollo-Afor Branch chairman in Enugu State. Agundu was killed on September 2.

    He was recovering from an earlier gunshot wounds when he was killed.

    In a statement by its President Mr Paul Usoro (SAN), NBA noted that Agundu had reported the assassination attempt to the Police prior to his murder and wondered why he was not protected.

    “The NBA mourns the heinous murder of Mr. Agundu and calls on the law enforcement agencies to unmask and bring to justice, the men behind this horrendous crime.

    “Emeka’s death must not be recorded simply as one more statistic in the list of unresolved murders.

    “Indeed, Emeka’s murder underscores the need for the various strata of governments of the land to wake up and live up to their responsibilities in the area of security of lives and property.

    “It bears emphasising that the primary role of governments, the world over, is and remains the protection of lives and properties. That indeed is the raison d’etre of the NPF,” NBA said.

    NBA said it could not but wonder what the police did to protect Agundu’s life after the first unsuccessful assassination attempt was reported.

    The association demanded to know what the police are doing to fish out those who made the earlier unsuccessful attempt on Agundu’s life and who, possibly, are the same persons who finally cut short his life.

    On the way out such killings, NBA said: “In point of fact, the horrific assassination of Mr. Agunu is but the latest in the incidents of banditry and murder that Nigerians have been living with in different parts of the country including but not limited to Zamfara, Plateau and Benue states.

    “Does the Police Force face challenges in containing these incidents of insecurity to lives and property in the land? Possibly so.

    “In that event, the Federal Government of Nigeria, working with NPF, needs to properly diagnose these challenges and work at resolving them.

    “Immediate areas that we believe NPF may need support and assistance may be in the areas of training and retraining in crime detection and investigation, review of compensation packages for the men and women of the Police Force, supply of modern equipment for detecting and combating crime.

    “In the long term, we see no reason Nigeria should not aspire to status of ensuring the installation and maintenance of pervasive CCTV monitors in the nooks and crannies of the country for purposes of crime detection and prevention, amongst others.”

    NBA said it was willing to work with the Federal Government and the police in crime-detection and prevention.

    “In the meantime, our hearts and sincere condolences go out to the immediate and extended family, friends and associates of our late beloved colleague, Agundu, even as we pray for his repose.’’

    Meanwhile, Usoro has revealed plans to reorganise the association’s disciplinary committee, adding that the existing team will continue to function.

    In a September 8 circular, he said: “In my inaugural address, I had dissolved ‘forthwith the membership of all the existing Committees of the NBA excluding the Sections and such other committees as I may expressly indicate’.

    “Considering the foundational importance of discipline in our profession, I had earlier in the week discussed with some members of the NBA Prosecution Team, notably, the Chief Prosecutor, Charles Ajuyah (SAN) and informed them of the exemption of their Team from the general dissolution of NBA Committees, in the terms of my inaugural address, pending the imminent review and reconstitution of the Team.

    “The planned review and reconstitution of the team will focus, amongst others, on the modus operandi and efficiency of the team, in an all-encompassing manner, covering, amongst others, cost-efficiency, efficiency in terms of the number and quality of Team members taking into account, amongst others, the number of petitions that are pending before the LPDC and the number of petitions that are received averagely each month and may need to be processed by the various NBA Disciplinary Panel prior to being forwarded to the LPDC for hearing and determination.

    “Necessarily, the planned review would extend to the NBA Disciplinary Panels as well.

    “In point of fact, I had promised, in my inaugural address, a complete overhaul of the legal practitioners’ disciplinary process in a manner that would ‘make our disciplinary procedures far more responsive and time-sensitive’.

    “This we intend to effect, right from the processes at the NBA Secretariat and up to the prosecution of the matters.

    “We would also, in collaboration with relevant stakeholders and agencies, review the disciplinary provisions that are contained in our various legislation and bye-laws in order to upgrade and update them in step with present-day realities and requirements. Our members would be periodically updated on these further steps, as they come to fruition.”

  • Rule of Law in Nigeria

    Speaking at the 58th Annual NBA Conference in Abuja recently, President Muhammadu Buhari proclaimed that “the rule of law must be subject to the supremacy of the nation’s security and national interest”. Grasping the significance of this statement requires recalling a bit of history. When in 1949 George Orwell wrote Nineteen Eighty-Four, his seminal dystopian book, he could have hardly imagined that script being played out fully anywhere.  But in a classic case of life imitating art, Nineteen Eighty-Four transpired in Nigeria in 1984, albeit under a military leader, whose regime lasted till 1985.

    Thirty years later, during his fourth attempt at the running for the presidency, candidate Buhari made a declaration of conversion in his famous address at Chatham House in London on February 26, 2015. He said, “I cannot change the past. But I can change the present and the future. So before you is a former military ruler and a converted democrat, who is ready to operate under democratic norms and is subjecting himself to the rigors of democratic elections for the fourth time.” Ever since the Buhari administration was inaugurated after the 2015 presidential elections, Nigerians have gauged the performance of the current administration not only in terms of three public policy priorities – fighting corruption, tackling security and reviving the economy — that Buhari campaigned on, but also watched his every move on rule of law.

    Global norms relating to rule of law are quite unambiguous. In any true democracy, certain creeds and tenets stand inviolable. Of the lot, the separation of powers and respect of ordered liberties top the list.  As experts have observed, these narratives are “foundational and settled concepts” of any worthwhile democracy.  Section 1(1) of the 1999 Constitution clearly states inter alia, that “all people and institutions are subject to and accountable to the law.”  No exceptions. Security and national interest ought not to precede legalities that derive from the constitution. It is a false choice to pit national security or national interest against the rule of law. Citizens in a democracy are entitled to both.

    At a time when the nation should be embarking on modernisation of its economy and strengthening the foundations of its democracy, we are witnessing a severe reverse, especially in regard to the latter. The signs have come in increments but the direction seems clear enough. Nigerians can still recall the invasion of the residences of some serving judicial officers by security agents; the invasion of a High Court premises in Rivers State in May; the non-compliance by government agents with court orders of habeas corpus and indeed, the growing contempt of court orders by the Attorney General of the Federation and other appointive and elected officials. Former NSA Sambo Dasuki and Islamic Cleric El Zakzaky have been in detention for over three years and well beyond what the constitution permits.

    Not long ago, there was illegal siege laid over the National Assembly Complex by armed and hooded security agents on August 7 – an action that was quickly reversed – and the freezing of Ekiti State, Benue State and Akwa Ibom State bank accounts.  All these have and are happening in a democratic Nigeria.

    Yet, what separates a well-functioning democracy from non-democracies or illiberal democracies is the rule of law. In its broadest and best construction, the rule of law means that all persons are equal before the law, constitutional norms are supreme and must be strictly adhered to, and when there is doubt about the application of the law; the courts are the only arm of government that is empowered to interpret and clarify the situation.

    Nigeria isn’t alone in manifesting certain governance limitations in a democratic dispensation.  Its current governance leaning mimics discomforting trends elsewhere; “the discomforting truth is that some amount of ethnic nationalism is not just tolerated, but accepted as completely legitimate.”  This erodes the very foundation of Nigeria’s nationhood, more so its quest for true federalism.  This reality continues to fuel calls for restructuring. Issues such as these cannot be quelled or overcome by ignoring the rule of law or subjugating it to the whims of elected and appointed officials.

    Nigeria, having survived thus far as a political entity, even overcoming a civil war, represents a triumph of faith over resilience and experience. Faith in Nigeria cannot depend on good will or benevolence of leaders. Hope and faith in a nation are cultivated and nurtured and not forced. That requires fair, even and consistent application of rule of law. This critically depends on ensuring that institutions that are designed to act as guardians of rule of law function as intended. This is the premise for the observation that great nations rely not on the will of great men or women but on the reliability and effectiveness of national institutions.

     

    • Otobo is at the Global Governance Institute,

      Brussels.

    • Obaze is a public policy expert based in Awka,

     Anambra State.

  • NBA, Eastern Bar, SANs mourn ‘legal giant’ Aguma

    More tributes have poured in for Rivers State Attorney-General and Commissioner for Justice Chief Emmanuel Aguma (SAN), who died on August 10 in London. Legal Editor JOHN AUSTIN UNACHUKWU reports.

    The Judiciary is still in shock following the death of Rivers State Attorney-GeneralChief Emmanuel Aguma (SAN) on August 10 in London.

    The late Aguma was Port Harcourt Branch Chairman of the Nigerian Bar Association (NBA) from 2006 to 2008. He served as Secretary between 2000 and 2002.

    A member of the NBA National Executive Committee and a Legal Practitioners Disciplinary Committee (LPDC) prosecutor, he was conferred with the rank of Senior Advocate of Nigeria (SAN) in 2015.

    Rivers State Governor Nyesom Wike had directed that flags be flown at half-mast for two days from August 11 to mourn the late Aguma.

    The NBA, through its General Secretary Aare Isiaka Olagunju, described the late Aguma as an astute lawyer, very versatile and a complete Bar man.

    “He created a lasting impression on anyone who came across him owing to his warm reception to all. He was a key promoter of the need for discipline and sanctity within the profession.

    “It is indeed a monumental loss to Nigerian legal profession and young legal practitioners who look up to him for guidance and mentoring.

    “The President of the NBA A.B Mahmoud (SAN) expresses his heartfelt condolences to his wife Ifenyinwa, entire members of Aguma family home and abroad, members of NBA Port Harcourt branch and the people and government of Rivers State of Nigeria and entire members of the NBA on the loss of a husband, father, uncle, colleague and undoubtedly one of the brilliant minds and shinning stars of the legal profession.

    “It is our prayer that God grants his family, members of the NBA and Rivers State Government the fortitude to bear the loss,” Olagunju said.

    NBA Port Harcourt Branch, in a statement by its Chairman, Mr. Sylverster  Adaka and Secretary Mr. Tonye Sipoto-Pepple, said it received the news with utter shock and sadness.

    “We recall that before assuming office as the Attorney-General of the State and therefore the leader of the official Bar, the late learned silk served the NBA Port Harcourt Branch in various capacities. Noteworthy was his service to the Bar at different times as Branch Secretary and Chairman respectively.

    “Being one known for navigating the office of the Attorney-General and nuances of government deftly, we could not help but observe his unusual absence at recent several state functions in which the Bar was involved, the most recent being the commissioning of the newly completed National Industrial Court, Port Harcourt Division Complex and the renovation of the Court of Appeal, Port Harcourt Division Complex.

    “Surely, he will be greatly missed by his colleagues at the Branch and we pray for the peaceful repose of his soul. We wish his wife (and our colleague), children, extended family and Rivers State Government the fortitude to bear the irreparable loss,” the branch said.

    NBA Criminal Justice Reform Committee chairman Chief Arthur Obi Okafor (SAN) said he was deeply saddened by Aguma’s death.

    He expressed his condolence to the Rivers State Government, family, relatives and friends of his learned friend and brother.

    “Chief Aguma was an active and committed Bar man and a leading light of the NBA, especially the Port Harcourt Branch where he served as Secretary and later Chairman. He made invaluable contributions toward the unity and stability of our noble association.

    “His death is a painful loss to the people of Rivers State and the entire legal community. He will be fondly remembered as a brave and tireless promoter of justice, who served the society with boundless dedication, utmost humility and total commitment.

    “His noble service and contributions to the legal profession shall indeed be missed. I pray that the Almighty God will comfort the family and loved ones at this hour of grief. May his soul rest in eternal peace,” Obi Okafor said.

    A Senior Advocate of Nigeria, Mr Paul Usoro, sympathised with the state government, the NBA and Aguma’s family “on the sad demise of their illustrious Son”

    He said: “Aguma was a quintessential gentleman who, until his sudden demise, served his people with a great sense of responsibility, passion and competence as the State Attorney- General and Commissioner for Justice.

    “His death is certainly a colossal loss, not only to his immediate family but to the people of Rivers State, and indeed the legal profession. We would sorely miss you, Brother Silk.

    “It is my fervent prayer that God accepts Hon. Aguma in paradise and rests his soul well. May God also grant his family and relations the fortitude to bear the irreplaceable loss. Adieu Emmanuel.”

    The Eastern Bar Forum (EBF), in a statement by its Publicity Secretary, Mr. George Igbikikuno, described the late Aguma as a sage and legal icon.

    It condoled with Governor Wike, the government and good people of Rivers State, and the eight NBA Branches in Rivers State.

    “The late Aguma was an epitome of absolute respect for rule of law, respect for human rights, strong stalwart of the EBF and a great, irreplaceable and irrepressible advocate.

    “The EBF will sorely miss him! We pray the Almighty God to grant the family, the EBF and Rivers State Government the fortitude to cope with this irreparable loss.

    “The Almighty God shall remember him in the resurrection. May the soul of Chief Emmanuel C. Aguma (SAN) rest in perfect peace,” EBF said.

    The International Federation of Women Lawyers (FIDA) said it received the news of Aguma’s death with a rude shock and deep sense of loss.

    “He was the beloved husband of our Country Vice-President/National President, Mrs. Inime Aguma. Until his death, he served Rivers state with an amazing sense of responsibility, passion, courage and competence.

    “He was also a philanthropist who promoted the welfare and good causes of everyone in his environment. He used his good office to ensure that the rights of women and children in Rivers state was preserved by providing free legal representation to them.

    “He also supported all the activities of FIDA Nigeria, most especially in Rivers State.

    “FIDA Nigeria mourns with his wife, our amiable CVP, his children, his mother, Rivers State government, and all his beloved ones.

    “Please stay strong and may God comfort and grant you the fortitude to bear this irreparable loss. The world has lost a beautiful soul,” FIDA Nigeria said in a statement by its National Publicity Secretary Princess F. Frank-Chukwuani.