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Tag: NBA

  • I didn’t say NBA instigated judge’s transfer, says laywer

    I didn’t say NBA instigated judge’s transfer, says laywer

    A lawyer in Calabar, the Cross River State capital, Mr David Edem, has denied accusing the Nigeria Bar Association (NBA) of instigating the transfer of the No. 2 judicial officer, Justice Michael Edem, from the judicial headquarters to Ikom Local Government.

    According to Edem, he only asked NBA to give its position on the transfer, as its silence was worrisome.

    A petition by the lawyer, Edem, to the chairman of the NBA said such transfer was unprecedented and unacceptable.

    It reads:“Arising from the silence of the Nigeria Bar Association, Calabar, on the unprecedented transfer of Justice Michael Edem from the Calabar Judicial Division to Ikom Judicial Division by Chief Judge of Cross River State viz-a-viz the bastardisation of administration of justice, even within the judicial arms of government, this calls for serious concern.

    “It is on record that Justice Edem is the No. 2 judge in order of seniority after the chief judge, one wonders why the second judge in the chain of authority should be transferred outside the State Judiciary Headquarters in disregard of the laid down unwritten rule in respect thereof.”

    “I am perturbed and bewildered over the deliberate silence of our esteemed association (Calabar branch) on such an unacceptable, condemnable and unprecedented action.

    “The NBA Calabar Branch cannot afford to be neutral in this arbitrary and unprecedented/travesty of justice within the judicial arm of the government. For all intents and purposes where do we stand as an association.”

     

     

  • Wanted: A new NBA

    Wanted: A new NBA

    A former Nigerian Bar Association (NBA) Legal Adviser, Mr. Victor Nwaugo, examines the state of the Bar and way forward

    I had a dream of a bright and wonderful tomorrow like Old Major, the prized boar of the Manor Farm in George Orwell’s book, Animal Farm, who had a strange dream.

    Word had gone round during the day, as in the Nigerian Bar Association (NBA) Port Harcourt conference, that Old Major, had had a strange dream a day before and wished, like I wish now, to share the dream.”

    “Comrades”, Old Major cleared his throat and said, “You have heard that I had a strange dream last night”? I will come to my dream, later. Now, I have something else to tell you.

    Lawyers are looked up to by the society for salvation. If anything goes wrong in the country, the society would ask, what are lawyers saying? Because lawyers are the conscience of the society.

    Indeed, the umbrella body of lawyers, the NBA spoke, protested, showed direction and resisted tyrannical governments, but that was many years in the dim past. The body is now cowed, pocketed and compromised.

    Then, the NBA stood out during the military era and the early days of our democracy, during President Olusegun Obasanjo’s regime. NBA, the umbrella body of lawyers, which was founded, structured and positioned to ensure democracy, rule of law, independence of itself and all arms of government, now lives a life of its shadow.

    May I ask, how many lawyers know the meaning of democracy and independence of the Bar? How many of its members now know what the rule of  law is in NBA? The lives of members are circumscribed around what the President of the Association desires.

    When it comes to election, candidates who are qualified are disqualified and un-qualified candidates are qualified. Since 2012, no person who has held the office of the NBA Treasurer has been qualified, yet, they are qualified while a past Assistant Public Secretary who had rendered immeasurable services to the association was disqualified for the main office on account of the fact  that he is a judicial editor in a national daily,  simply because  he supported a challenger to the President’s anointed successor.

    In NBA, many are afraid of speaking out  to avoid being victimised by their president or accused of conduct likely to bring the Bar into disrepute and consequently arraigned before the Disciplinary Committee. Mere suspicion of a branch chairman that he was not  towing the succession plan of the president had earned the chairman, suspension or removal.

    For instance, Mr. Basil Aguigwo, chairman NBA  Aniocha branch was removed from office because of the suspicion that his backer was opposed to the president’s choice. When the backer prostrated and pledged his unalloyed support and loyalty to the president and his gang, Basil was restored.

    The Abuja branch crisis, Ikeja branch crises and election lock- jam are all at the whims and caprices  of the NBA president to make sure that he installs his known and well orchestrated successor.

    I ask, how many thousands of naira have lawyers paid as Bar practising fees, stamp and seal fees, conference fees in addition to branch dues and levies? What values have they received from the Bar in return.

    Yet, each time a lawyer runs into problems, he is abandoned to his fate except where friends and relations come to his rescue. The president dispenses favour  with  NBA  money, contacts and resources. He chooses his favoured few to travel overseas on Nigerian lawyer’s  account.

    When it is time to appoint members into statutory bodies such as the Nigerian Judicial Council (NJC), Federal  Judicial Service Commission (FJSC), the Corporate Affairs Commission (CAC), the Legal Practitioners Disciplinary Committee (LPDC), Body of Benchers, the Council for Legal Education  (CLE),  the National Human Rights Commission (NHRC), he goes for his cronies without your consent.

    Yet, none of the nominees make any return to you, members. Fela will say “eneva finish”, Comrades, in the midst of all these, members do not vote in NBA and their votes count. Our constitution is whimsically altered without our contribution.

    Now, we are forced to abide by one by-law in over 125 branches with different circumstances in their various areas of practice. The tenure of branch chairmen were cut short while that of the maker of the constitution remained intact.

    Any member who had served two terms, eliminated from further contest even when desired by his branch. Fund is easily solicited and accepted from government without remembering that our independence is compromised by that.

    I ask, has it always been like this? My answer is no. A certain comrade, Aka Alo Basharon, President 1989-1990 rejected General Ibrahim Babangida (IBB)  and his Greek gift and the Bar was on top. When his successor took IBB’s cash, we became compromised. Priscilla Kuye, O.C.J. Okocha (SAN), Chief Wole Olanipekun (SAN), Prince Lanke Odogiyon, Dr. Olisa Agbakoba (SAN) all refused to be compromised by the rulers of their days, NBA remained independent and they spoke eye ball to eye ball against government’s impunity without minding whose ox was gored.

    I ask again Comrades, when last from President Goodluck Jonathan to President Muhammadu Buhari has our president spoken out against any government’s policy? When last did NBA protest against government’s position? When last did NBA disagree with government? In NBA today, it is see no evil, hear no evil, fight no evil.

    Now Comrades, my dream: it is a dream of NBA when the hawks would have long been out. When the  office of the presidency will no longer be limited to silks, when a member’s vote will count, when decisions of members will not be truncated, when a president driving electoral process in NBA will assume his role as a match referee, when NBA National Executive Committee (NEC) will rule with members being carried along, when statutory nominees of NBA will be circulated to branches for approval, when no president will single handedly choose his successor.

    This dream reminds me of a song, old major’s mother and other sows used to sing. The song is called “Beast of England”, “Beast of Ireland”.

  • EFCC decries NBA president’s call for removal of agency’s power prosecution

    EFCC decries NBA president’s call for removal of agency’s power prosecution

    The Economic and Financial Crimes Commission (EFCC) yesterday faulted the suggestion by Nigeria Bar Association (NBA) President Abubakar Mahmoud (SAN) that the anti-graft agency be stripped of prosecutorial powers.

    It said Mahmoud’s suggestion appeared perfectly in sync with a cleverly disguised campaign by powerful forces that are uncomfortable with the reinvigorated anti-graft campaign of the EFCC.

    The agency noted that the NBA president was the federal attorney-general’s counsel in the trial of ex-Delta State Governor James Ibori at the Federal High Court in Asaba – a case which EFCC lost in questionable circumstances.

    It said the same ingredients from that case were used to fetch Ibori a 13-year jail term in the United Kingdom.

    The EFCC, which gave its position in a statement by its Head of Media and Publicity, Mr. Wilson Uwujaren, said the recommendation of the NBA president was self-serving.

    It said the suggestion was in line with a larger plot to emasculate the agency.

    The statement said: “As the Acting Chairman, Ibrahim Magu, has repeatedly stated in his public pronouncements, the agency is open to suggestions that will improve its operations, as it cannot pretend to have a monopoly of ideas on how to fight corruption.

    “Nevertheless, the commission views with concern, the call by the NBA president that the EFCC be stripped of its prosecutorial powers. According to him, “we need to define its mandate more narrowly and more clearly… I strongly recommend that the EFCC be limited to investigation… while prosecution should be handled by an independent resource prosecution agency”.

    “The commission’s discomfort over this seeming innocuous proposition stem from the fact Mahmoud was silent on the reason for his position.

    “More importantly, the commission cannot comprehend how the redefinition of EFCC’s mandate in narrow terms, ultimately whittling it down, fits into the clamour by Nigerians and the vision of the President Muhammadu Buhari administration for a vibrant and courageous anti-corruption agency.

    “Instead, Mahmoud’s suggestion appears perfectly in sync with a cleverly disguised campaign by powerful forces that are uncomfortable with the reinvigorated anti-graft campaign of the EFCC and are hell-bent on emasculating the agency by stripping it of powers to prosecute with the tame excuse that an agency that investigates cannot also prosecute.

    “The question Nigerians must ask the Mahmoud-led NBA is what is wrong with EFCC prosecution? Mahmoud is in a position to answer this question. He was the federal attorney-general’s counsel in the trial of ex-Delta State governor, James Ibori, at the Federal High Court, Asaba, a case which EFCC lost in questionable circumstances.

    “But the same ingredients from that case were used to fetch Ibori a 13-year jail term in London.  Mahmoud is also the commission’s counsel in the appeal against the infamous perpetual injunction from arrest and prosecution by former Rivers State Governor, Peter Odili, which is still pending before the Court of Appeal in Port Harcourt, many years after it was filed.

    “It is too much of a strange coincidence that the suggestion to strip the EFCC of its prosecutorial powers is being floated a few months after the commission, in unprecedented fashion, arraigned some senior lawyers for corruption.

    “For the avoidance of doubt, the commission has recorded more convictions in the last one year than all the states and federal ministries of justices combined.

    “Against this background, the campaign appears to be self-serving, intended to create a cabal of untouchables, which can be investigated but may never be prosecuted.

    “The EFCC, however, wishes to reassure Nigerians that there will be no sacred cows in the renewed fight against corruption in Nigeria.”

    Notwithstanding, the EFCC said it was a good omen that the NBA president has pledged to fight judicial corruption.

    It added: “The 56th Annual General Conference of the Nigeria Bar Association came to an end August 26, in Port Harcourt, with the bar making pronouncements on major issues of national importance.

    ” One of the new commitments as articulated by the new president, Mr. Abubakar Mahmoud, is to reinvent the association by reclaiming its moral high ground through a campaign for ethical rectitude by members of the bar.”

  • New NBA president sworn in

    The new president of the Nigerian Bar Association (NBA), Abubakar Balarabe Mahmoud (SAN), was on Friday sworn in by the immediate past president of the association, Mr. Austine Alegeh (SAN) , in Port Harcourt, Rivers State.

    The ceremony marked the end of the NBA 56th Annual General Conference in the state.

    The swearing in ceremony was witnessed by the Governors of Rivers State, Nyesom Wike, his Sokoto State counterpart, Aminu Tambawal, the ex- governor of Kano State, Musa Kwakwanso and several other dignitaries

    In his acceptance speech, the new NBA president commended the outgoing executive members led by Alegeh, for several innovations, especially the universal e-voting introduced into the association.

    Mahmoud said the Nigeria bar needs to set out standards for themselves by creating a new system that would be corruption and other illegality free.

     

     

  • Buhari congratulates NBA new executive

    President Muhammadu Buhari has congratulated the Nigerian Bar Association (NBA) on the inauguration of its new executive committee led by Mr. Abubakar Balarabe Mahmoud (SAN) at the 2016 Annual General Conference held in Port-Harcourt.

    Buhari, in a statement issued by his Special Adviser on Media and Publicity, Femi Adesina, also commended the outgoing executive led by Augustine Alegeh for the resourceful exchange of ideas, commitment and support for national development.

    The President urged the new NBA president to use his vast experience in private practice, and public service, which he garnered over the years, to build on the legacies of his predecessor and contribute to reforms across the country.

    As the new executive settles down to work, the statement said President Buhari is looking forward to having a strong and sustainable relationship with the leaders, especially in jointly tackling the challenges currently facing the nation.

    He prayed to Almighty God to grant the new NBA executive the wisdom to realize their vision for the association, and the country.

     

  • NBA concerned about ailing economy

    NBA concerned about ailing economy

    The Nigeria Bar Association (NBA) has expressed concern about the ailing economy and its impact on the populace.

    It urged experts in and outside the country to suggest ways to revive the ailing economy and ensure that democracy works for the people.

    A Senior Advocate of Nigeria (SAN), Oladejo Lamikanra,who spoke for the association, said NBA was planning a gathering of legal and non-legal experts  to engage in a critical assessment of the economy and suggest ways out of the situation.

    Lamikanra, who is the alternate chair, NBA Technical Committee on Conference Planning, said this year’s edition in Port Harcourt, Rivers State, between August 19 and 26, will focus on “Democracy and Economic Development.

    Lamikara, who spoke in Abuja, said the conference, to be attended by about 13,000 lawyers from within and outside the country, will feature Rwandan President Paul Kagame.

    He said the Minister for Solid Minerals, Dr. Kayode Fayemi, and other government officials are also expected at the conference.

    “What informed the conference theme is that there are more economic challenges today than last year. The conference will address, among others, how democracy can deliver on an improved management of our economic affairs.

    “This year’s conference will feature 28 sessions, including three showcase sections. Communique will be issued at the end of the event, which will summarisef all that transpired.

    “Some of the resource persons nclude Governor of the Central Bank of Nigeria (CBN) Godwin Emefiele; former NBA President Olisa Agbakoba; and Yunus Usman (SAN),” Lamikanra said.

    He added that the conference will witness the swearing in of executives elected at the association’s last elections.

    Lamikanra said the NBA president would list his programmes, and how he hopes to improve the association.

  • NBA expresses concern over troubling economy

    The Nigerian Bar Association (NBA) has expressed concern over the nation’s economic challenges and its impact on the populace.

    It has urged experts in and outside the country to suggest ways to revive the ailing economy and ensure that democracy works for the people.

    A Senior Advocate of Nigeria (SAN), Oladejo Lamikanra,who spoke for the association, said NBA was planning a gathering to afford experts, both lawyers and non-legal practitioners the opportunity to engage in critical assessment of the economy and suggest ways out of the current situation.

    Lamikanra, who is the Alternate Chairman, NBA Technical Committee on Conference Planning, said this year’s edition to be held in Port-Harcourt, Rivers State between August 19 and 26 will focus on the theme: “Democracy and the economic development.

    Lamikara said the conference to be attended by about 13,000 lawyers from within and outside the country will feature Rwandan President, Paul Kagame, who is expected to share the country’s success story with Nigerians.

    He said the Minister for Solid Mineral and other government officials will be at the conference to share with Nigerians information on what the government is doing to revive the economy and diversify it to ensure multiple streams of income for the country as against the current over dependence on oil.

     

  • NBA to punish lawyers for frivolous injunctions

    NBA to punish lawyers for frivolous injunctions

    The Nigeria Bar Association (NBA) has said it will put put in place effective disciplinary measures to checkmate frivolous court injunctions and adjournments, NBA’s Ilorin Branch Chairman Manzuma Isah has said.

    He spoke with reporters in Ilorin, the Kwara State capital, ahead of the branch’s biennial week, which commences tomorrow.

    Isah said the branch also has effective mechanism to check quackery, including “stamp and seal and the bar directory.

    His words: “We are trying to put in place an effective disciplinary measure to punish any member who would go to court, because he has been paid, and put personal interest above his interest to the public; which is what we call the duty of counsel to court and more or less duty of counsel to the nation. You cannot subordinate the interest of the nation or your duty to the court to your duty to your client.

    “We have two effective mechanisms to check quackery in the profession; they are the stamp and seal and the bar directory. Any lawyer whose name does not appear in the bar directory of the branch, he or she is deemed not to be a legal practitioner within that branch.”

    He said that the theme of this year’s conference is ‘Society and the Legal Profession: Imperatives of Ethical Rebirth.’

     

  • NBA electoral committee fails to meet timelines

    NBA electoral committee fails to meet timelines

    There was palpable uncertainty at the weekend over  the Nigerian Bar Association (NBA) election scheduled to hold on July 23 and 24, as electoral committee failed to deliver on timelines.

    While Law Pavilion is the ICT Partner and administrator for the election, the Electoral Committee of the NBA (ECNBA) headed by Mr. Ken Mozia (SAN) is tasked with conducting the poll.

    The committee had guidelines on the election, but has been unable to meet the timelines it set.

    Stakeholders are also in the dark as to the reasons for non-publication of the Voters’ Register.

    The final Voters’ Register has not been made public as at press time, notwithstanding that the ECNBA stated that the register would be published on June 24. The final processes leading to its publication are yet to commence.

    The guidelines stipulate that “pre-voting” entails collating member verification, Bar practising fee and branch dues lists from registered branches.

    The administrator will then publish the Voters’ Register across all branches, while members are expected to review the Voters’ Register to confirm that their names, email addresses and phone numbers are error-free.

    “Those who have issues with their credentials are advised to visit their local branch to fill an amendment form with their current details, and append their signature confirming their request to edit their details,” states the guidelines.

    “The editing of details will be opened for a period of one week, after which the Branch Chairman is required to send a signed collated verification list of members’ details to the Electoral Committee, so that members’ details can be updated, and a new voters register published finally on 24th June, 2016,” it added.

    The provisional list of voters has not been dispatched to branches or published for viewing and complaints.

    Law Pavilion had assured stakeholders that it would organise another demonstration to clarify concerns raised by stakeholders.

    The firm is yet to conduct the demonstration till date nor has it fixed a date for it, deepening fears that the elections may be truncated.

    The company was criticised for allegedly failing to deliver conference materials to lawyers as and  when due during the last NBA conference.

    Analysts argue that the election management agency must rise to the occasion and clean up the process in order to deliver free, fair and credible elections that Nigerian lawyers can be proud of.

    It is also believed that successful conduct of the elections is the best legacy the Augustine Alegeh (SAN) administration can bequeath to the NBA in line with his strong support for universal suffrage and e-voting.

    The elections will be conducted through electronic voting. In line with the amended NBA Constitution 2015, all lawyers who have paid their practising fees and branch dues within set deadlines are eligible to vote, as against the collegiate system that  held sway before now.

  • My plans for NBA, by Mahmoud

    My plans for NBA, by Mahmoud

    Former Kano State Attorney-General and Commissioner for Justice, Abubakar Mahmoud (SAN) has vowed to work towards restoring public confidence in the judiciary if elected president of the Nigerian Bar Association (NBA).

    Promising fundamental reforms and a “clean judiciary with predictable outcomes”, he said he was better qualified for the job, having excelled in public service and in private practice.

    Mahmoud spoke when he visited The Nation’s corporate headquarters in Lagos yesterday.

    He promised to overhaul NBA’s disciplinary procedure, which he described as “tardy”, saying having a separate regulatory arm for the Bar would be explored.

    Mahmoud vowed to build a virile NBA to complement government’s anti-corruption war, adding that stronger institutions, such as the judiciary, are needed.

    On why he wants to lead the NBA, he said: “The legal profession, in my view, and in the view of many of my colleagues, is one of the building blocks of Nigerian nation. Therefore, we have a responsibility to assist the NBA in this nation-building project. We have a duty to come out and assist in redeeming the image of the profession.”

    Mamoud said corruption was already killing the country, adding that NBA under his leadership would align itself with efforts to tackle it.

    “If I become the president of NBA, this is clearly going to be one of the major areas we will be focusing on. The struggle against corruption is partly going to be won on the basis of our ability to build strong governance institutions. It’s not going to be dependent on one man’s efforts.

    “That corruption has eaten so deep into the fabric of our nationhood is partly because of the weakness of our institutions. So, the Bar association must work very hard to assist in building strong institutions, such as the judiciary, the Bar association itself.

    “We need to deploy our knowledge and skill in assisting the government to revamp the various institutions of justice – the courts, the police, the prison system and others which have roles to pay in the administration of justice.”

    On how to end the filing of frivolous applications to delay cases, Mahmoud said he would build a strong Bar that can call its members to order and set very high standards and ethical expectations.

    Those who accompanied Mahmoud include the alternate head of his campaign team, Dr Garba Tetengi (SAN), his campaign manager Muritala Abdul-Rasheed, former NBA Lagos branch chair Alex Muoka, Lagos lawyers Kunle Adegoke and Tope Alabi, among others.

    They were received by The Nation’s General Manager Training and Development Mr Soji Omotunde, editorial board member Mr Tunji Adegboyega, Online Editor Mr Lekan Otufodunrin and legal counsel Mr John Austin Unachukwu.