Tag: NBA

  • NBA seeks  doctors’ recall

    NBA seeks doctors’ recall

    The Nigerian Bar Association (NBA) urged the Federal Government yesterday to recall the over 16,000 resident doctors sacked last week.

    In a statement in Lagos by the Chairman of its Ikeja branch, Mr. Yinka Farounbi, the NBA described the sack of the doctors as “ill-advised and insensitive at this critical stage of the health challenges posed by the ravaging Ebola virus.”

    The union said the government took an “unpopular decision and not in the interest of the country”.

    It urged the government to dialogue with the NMA to end its strike so that the doctors could assist in containing the deadly Ebola virus, which is a “death hanging on us all”.

    Farounbi said: “The incidence of the Ebola virus in our country today calls for total participation of all our medical doctors and even the recall of the retired and the older ones to cub its spread. It is, therefore, ironical and illogical that we are depleting the desired participation by sacking over 16,000 of the already inadequate medical work force.”

     

    The NBA chairman noted that the mass sack, if not reversed, “portends grave implications and consequences too deadly a luxury for the country to afford”.

    He stressed that “doctors are not unskilled labourers who could be procured at will, unless we intentionally intend to kill the already sick medical system of the country”.

    Farounbi added: “Residency is a most important aspect of medicine all over the world. Our opposition to the suspension of resident doctors stem from the fact that residency is into training, research and clinical management.

    “And most important is the fact that medical personnel involved in the treatment of Ebola patients are mainly resident doctors.”

  • NBA branch chair seeks cut in cost of governance

    NBA branch chair seeks cut in cost of governance

    The Chairman, Nigerian Bar Association (NBA), Aba branch, Mr. Chidozie Ogunji, has called for a reduction in the membership of the National Assembly as well as certain political offices to check the rising cost of governance.

    He lamented that funds which could have been used for developmental projects are diverted to service the various political office holders, stressing that such is not in the best interest of the country.

    “The truth must be told; governance has turned into a multi-billion naira enterprise in Nigeria. Something must be done about the problem of high cost of governance in Nigeria. I’m of the opinion that the number of political offices must be reduced to free up funds for developmental projects. Look at the state of our roads and other infrastructure; the funds we use to settle political office holders could have been used to address this problem. What has a country like Nigeria got to do with as many as over 40 ministers? The federal cabinet must be reduced to a more manageable size. It you look at the size of our National Assembly, it is unwieldy. Let the two chambers be retained but with a reduced number. For the Senate, it should be reduced to two members from each state while the House of Representatives can be cut down to five members per state.

    “Representation must not be on the basis of local governments in each state. This should be done to a manageable number, not this present arrangement where we have close to 500 representatives. Looking at the National Assembly, it is clear that some member only went there to sleep and earning free money while others are gallivanting all over the world.  Only a few percent of the membership of the National Assembly have been able to justify their membership.”

    He continued:  “Even at the state level, you see a commissioner who is an appointee of the government having Senior Special Assistants (SSAs), Special Assistants, and other aides who all draw salaries from the state. There should be a limitation to these abuses of governance. Apart from key office holders in the legislative, judiciary and Executive, the other level of officers should not have this retinue of aides drawing salaries from state treasury. There should be limitation; for the governor, Speaker and Chief Judge, they need people with special skills to assist them perform their duties, but the issue of a commissioner, Board Chairman, Permanent Secretary and other officers in their cadre having SSAs, SSAs and all that, must be stopped.“

  • Ebola: Lawyer urges caution at  NBA conference

    Ebola: Lawyer urges caution at NBA conference

    Lagos  lawyer, Mr. Emeka Nwadioke,has advised the  leadership of the Nigerian Bar Association (NBA) to take steps to prevent the spread of Ebola virus at its Annual National Conference (AGC) in Owerri, the Imo State on Sunday.

    In a statement  titled: “Ebola: NBA should take steps to guard participants and others”, he urged the NBA leadership to assess the threats the conference may pose to lawyers and efforts of local and international stakeholders to stem the spread of the disease.

    He noted that the AGC is reputed as the largest gathering of lawyers on earth, with as many as over 10,000.

    “In consistent with the mode of transmission of the Ebola virus, which include direct physical contact with body fluids of an infected person such as blood, saliva, urine and sweat or contact with objects contaminated by these fluids, I urge the NBA leadership not only to put measures in place to

    safeguard participants at the week-long event, but to also critically assess the adequacy of emergency health care measures aimed to protect lawyers, exhibitors and visitors.

    “This is the least that can be done under this grave national emergency. No effort should be spared to contain this potential pandemic that is already affecting the socio-economic and religious life of the nation”, she pleaded.

    Nwadioke stressed: “If the NBA leadership comes to the view that the risk of Ebola virus spread cannot be adequately managed at this time due to inadequate health care facilities and personnel and the inherently electric nature of AGC activities, perhaps a postponement of the conference may be a valid option.”

    He expressed doubts on the ability of the incoming executive to cope with the potential danger posed by the virus on the grounds of negligence by its wilful endangerment of life.

    Nwadioke recalled:”A Nigerian staff of the Economic Community of West African States (ECOWAS) died of the Ebola Virus Disease (EVD), becoming the third victim of the dreaded virus since its emergence in Nigeria. The latest victim, Jatto Asihu Abdulqudir, a Protocol Assistant at the ECOWAS Liaison Office in Lagos, was among those who assisted the Liberian diplomat, Patrick Sawyer, the index case believed to have brought the disease to Nigeria.

    ”Sawyer exhibited symptoms of the disease on arrival in Lagos on July  20 for an ECOWAS Conference, and died on July 25 at a private hospital in Lagos. This latest incident again gives vent to the highly fatal nature of the Ebola virus disease.

    “The Ebola virus has no known cure and up to 90 per cent fatality rate. There is no vaccine or specific treatment for Ebola. Outbreaks can spread rapidly, with an incubation as brief as two days. Therefore, preventing the Ebola virus from spreading remains the best option.”

    He described the virus manner of spreading “as the largest and worst in history, with the death toll now at 1,014 from 1,848 cases. “In Nigeria, 177 primary and secondary contacts of the index case have been placed under surveillance, with nine having developed EVD, bringing the total number of cases in Nigeria to 10. “Of these 10, three have died while seven are  quarantined in Lagos. Further tracing of contacts is ongoing,” she said.

    The World Health Organisation (WHO), she noted, has declared the  outbreak an International Health Emergency requiring extraordinary response in an effort to contain the pandemic and that the organisation has also taken the unusual step by declaring as ethical the use of ZMAPP, an untested and unproven drug, to try and contain the scourge.

    He added: “Though the role of the Federal Government in preventing the emergence of the Ebola virus disease in Nigeria remains questionable, it was heart warming to note that the government has followed the WHO example by declaring its outbreak a national emergency.”

    Nwadioke stressed that the Ebola threat is real and the development has explained why many countries have put their health care and ports personnel on the highest alert.

    He recalled that barely a week ago, Ken Isaacs, the spokesman for Samaritan’s Purse, whose two American staff contracted the virus while treating patients in Liberia, warned the United States Congress that Ebola is going to emerge with a fury in Nigeria in about three weeks due to Sawyer’s case.

    The United States Centre for Disease Control and Prevention (CDC), Adekoya said, also issued a ‘Level 2 Travel Alert’ on Nigeria, warning travellers to take precautionary measures to minimise their risks of contracting the disease. She pointed out that the above scenario paints a grim picture of the serious hazards posed by the current pandemic in the face of weak healthcare systems and scarce national resources, emphasising that even with less than 15 EVD cases, Health Minister, Onyebuchi Chukwu, raised an alarm on the shortage of care-givers to treat Ebola victims by asking for more volunteers.

    The Ebola virus, according to her, poses a serious threat to care-givers, some of whom have died in the process of treating patients adding: “It is, therefore, better imagined than described if the current state of the Ebola outbreak in Nigeria is allowed to exacerbate.”

    H said it is expected that all concerned will act in a manner that aids a speedy containment of the Ebola outbreak, saying it was against this backdrop and the forthcoming NBA Annual General Conference (AGC)  that made her to urge the NBA leadership to critically assess the threats posed by the AGC to lawyers.

  • NBA opens new complex to boost revenue

    The Nigerian Bar Association (NBA) has opened a six-storey building  on Victoria Island, Lagos.

    The building, which was erected through a Build, Operate and Transfer (BOT), is  behind the NBA House and was built by Dr. Wale Babalakin (SAN) through one of his firms, Stabilini Visinoni Limited.

    Outgoing President Okey Wali (SAN) praised Babalakin, describing him as ‘a pride to the legal profession in Nigeria’.

    He said the land, which was given to NBA by the Law School, had remained unutilised despite being located at a prime place.

    Wali said the property was developed in order to boost NBA status as well as shore up its revenue base, just as he emphasised the need for continuity in governance.

    Wali said: ‘I must thank our colleague, Dr. Wale Babalakin (SAN), for what he has done in putting this up in collaboration with the NBA. The terms are clear. It is a Build, Operate and Transfer. I thank Wale for the industry he has put into this.

    ‘Also, it is the grace of God to start from foundation and see the completion. We have to put on record the gratitude to all past presidents of NBA. It is a testimony to the continuity of governance at the Bar that leadership or government of NBA continues.

    ‘Leaders come and go but the continuity of NBA project persists. Just like you know, by His grace, within the next two years in the life of the next administration, we will be in Abuja to inaugurate the NBA House, which this administration has started.’

    Wali expressed gratitude to the Director- General, Nigerian Law School, Lanre Onadeko, as well as the Chairman, Council of Legal Education,  O.C.J. Okocha (SAN), among others, for granting access to the new building through the Law S

    chool premises.

    Babalakin explained the difficulty in creating access to the property, noting that the area was landlocked.

    “The only way we could go in was if we were able to create that access you see now. With his (Wali’s) determination as well as that of the Director General of the Law School and the Chairman of Council of Legal Education; it happen.”

    Babalakin acknowledged Wali’s “thorough dedication” to the project, adding: “He came to Lagos specifically for this project on a number of occasions, and I recollect with great appreciation and sometimes nostalgia how we walked round this premises, not once, not twice, when we were trying to identify the entry into the building.

    “In the same vein, I want to thank our incoming President, Augustine Alegeh (SAN), who is here today and who has just won a very convincing victory. I have no doubt he has the capacity, the mental fortitude and determination to push the NBA to the next level.”

    Babalakin also expressed gratitude to the former Director-General of the Nigerian Law School, Dr. Tahir Mamman, for his invaluable role in making the project possible.

    At the ceremony were the incoming NBA’s General Secretary,  Afam Osigwe; National Treasurer, Joyce Oduah; a former General Secretary, Obi Okwusogu (SAN); and Executive Committee Member,  Osita Okoro.

  • Alleged forgery: NBA to probe three members

    Alleged forgery: NBA to probe three members

    The Nigeria Bar Association has commenced a process to investigate allegations of forgery levelled against three of its members.

    The probe was as a result of a petition written by Mr. John Haastrup, the first son of an Ilesa, Osun State-born industrialist and philanthropist, the late Captain Israel Ademola Gbadebo Haastrup.

    John accused the three people, including two SANs, of ganging up to forge documents relating to the estate of his father in order to defraud the Haastrup family.

    The outgoing President of the NBA, Mr. Okey Wali (SAN), confirmed the development yesterday in a telephone interview with The Nation. 

    Wali said the NBA received a petition from Mr. Haastrup  and added that the association is currently working on it.

    The NBA president said: “We have received the petition and we are currently conducting necessary investigations into it in line with the due process of the NBA,” adding that “the NBA would look into its merit and apply the appropriate sanction if the allegation is established against them.”

    According to the petition, a copy of which is with The Nation, the people involved are two legal practitioners and a woman.

    A source, who pleaded anonymity, said the three people named in the petition are said to be against the setting up of the committee to investigate the allegation.

     While dismissing John’s allegation, and describing it as false, wicked, scandalous and actionable, the three persons  said they would take appropriate action at the appropriate time.

     In the petition, John (50), the first son and first child of the late Haastrup gave the background of the petition to the NBA

  • Babalakin hailed for new NBA House

    Outgoing Nigerian Bar Association (NBA) President Okey Wali (SAN) has said Bi-Courtney Group Chairman, Dr. Wale Babalakin (SAN), is a pride to the legal profession.

    Wali spoke yesterday in Lagos when he inaugurated a six-storey, fully-serviced new NBA House on Victoria Island.

    He said the structure became a reality through the partnership between one of Babalakin’s companies, Stabilini Visinoni Limited, and the NBA.

    The partnership, which was based on a Build, Operate and Transfer (BOT) agreement, was conceived to help the NBA develop the prime land that had been bare for a long time and enhance the revenue base of the association.

    Wali said: “I must thank our colleague, Dr. Wale Babalakin (SAN), for what he has done in putting this up in collaboration with the NBA. The terms are clear. It is a Build, Operate and Transfer. I thank Wale for the industry he has put into this.”

    The former NBA president expressed gratitude to the Director-General of the Nigerian Law School, Dr. Tahir Mamman, and the Chairman of the Council of Legal Education, O. C. J. Okocha (SAN) and other council members for granting access to the new building through the school premises.

    On the creation of the access to the property, Babalakin said: “This building was landlocked. The only way we could go in was to create that access you see now.”

  • Oyo raises panel on demolition

    Oyo raises panel on demolition

    Oyo State Governor Abiola Ajimobi has inaugurated a judicial commission of enquiry to look into complaints about his administration’s Urban Renewal Programme.

    Inaugurating the commission in his office on Monday, Ajimobi said although only illegal structures were approved for removal by the government, irregularities cannot be ruled out during implementation.

    The commission is to identify cases of irregular demolition and recommend compensation to claimants; identify cases of arbitrary allocation of land and recommend sanctions for culpable public officers; and recommend ways to prevent recurrence.

    The commission’s Chairman, Justice Okanola Akintunde Boade (rtd.) said the panel would execute its duties diligently.

    Members are Mr. Soji Taiwo, a town planner; Mr Sikiru Salami and Bamidele Abolarin, representing the Nigerian Bar Association (NBA); Mr. Kola Olofa, an estate surveyor; Dr. Ademola Aremu, representing the Academic Staff Union/Civil Rights society; Mr. W. A. Ajuwon, the secretary and Mr. I. O. Tijani, the panel’s counsel.

  • Democratisation of NBA

    Democratisation of NBA

    Being the speech delivered by Femi Falana (SAN) at the Bar dinner of the Ibadan branch of the NBA in Ibadan, the Oyo State capital.

    I also opposed the appointment of the immediate past President of the NBA, Mr. J. B. Daudu (SAN) as the Chairman of the National Disciplinary Committee on solid legal  grounds. Since the NBA executive led by him had sent several petitions alleging professional misconduct on the part of a number of lawyers I was of the strong view that the  committee headed by him could not hear and determine such matters on the principle of nemo judex in causa sua. To back up my position I drew the attention of the NBA leadership to the case of Legal Practitioners Privileges Committee v  Fawehinmi (1985) 7 NWLR 300. Although my suggestion was also ignored some lawyers have  challenged the competence of the committee to sit in judgment over them on grounds which are similar to my objections.

    Shadrath Ramphal, a former Secretary-General of the Commonwealth, once asserted that “the law has a greater, more positive, more exciting role in discerning change and legitimising progress. It is a role played consistently over the ages as the law fulfilled its noblest purposes with consumate discretion in such areas as hman bondage, desegregation and women’s rights”. In recent time, the law has been discredited in Nigeria by some judges and senior lawyers. While successful lawyers are smiling to the bank the rule of law is yielding place to impunity. Already, chaos and disorder have become the order of the day in many parts of the country. As I noted a few weeks ago, all the election petitions and corruption cases which have exposed Nigeria to ridicule, locally and internationally, were handled by eminent Senior Advocates of Nigeria. To save the legal profession from itself the  NBA has to lead a campaign that will lead to the restoration of confidence in the legal system.

    In view of the serious security challenge facing the nation, Nigerian lawyers should  rise up and join other patriotic forces to save the democratic process from imminent collapse by campaigning against official impunity which is the bane of political instability in the country. In the ongoing war on terror the NBA should ensure that the Joint Task Force does not engage in the violations of the human rights of the people in the north east zone. With respect to the  Chibok girls the NBA should pressurise the Federal Government to release the wives and children of suspected boko haram members in exchange for the  release of the abducted girls. It should be pointed out to both sides in the conflict that abduction or detention of innocent persons in lieu of their wanted relations is unknown to the Nigerian criminal justice system.

    To remain relevant the NBA has to address the  security and welfare of its members. In the last one year, not less than 10 lawyers have been killed by assassins, armed robbers and terrorists. The NBA ought to launch a fund to cater for the family members and dependants  of such lawyers. Since lawyers have become vulnerable like other unprotected citizens the NBA ought to launch a life insurance policy for its members. I also suggest that the NBA should take up all cases of extra-judicial killings which are now on the increase throughout the country.

    Since the national NBA is comatose some of its branches  have not been found wanting in commenting on national issues. Embarrassed by the development the NBA leadership decided to gag branches by asking them to refrain from issuing statements on national affairs. Happily, the illegal ban was treated with disdain . It is particularly worthy of note that some civil rights lawyers have continued to defend the interests of the people through public interest litigation. Just a few days ago, Olisa Agbakoba SAN. A former NBA president  won the legal battle for financial autonomy for the judiciary.  Another colleague has secured a court order restraining the Federal Road Safety Commission from compelling vehicle owners to pay for new plate owners with effect from June 1st, 2014.

    In a suit filed against the removal of fuel subsidy by Bamidele Aturu, the federal high Court held that the decision of the Federal Government to allow market forces to determine the prices of petroleum products was illegal and unconstitutional. A couple of weeks ago, I secured  a court order directing the Federal Government to establish the Nigerian education bank to enable indigent students to access loan to study in institutions of  higher education. Before then the Ecowas Court had upheld the fundamental right of every Nigerian child to universal basic education.

    Permit me to conclude this dinner speech by urging Nigerian lawyers to restore the lost glory of the NBA by  ensuring that it is led henceforth  by those who have the vision, experience and commitment to lead a progressive bar. That can only be possible if bar leaders are elected through adult suffrage.

  • Crisis of confidence rocks Ilorin NBA

    Crisis of confidence rocks Ilorin NBA

    The Ilorin branch of the Nigeria Bar Association (NBA) is engulfed in a crisis that is threatening its foundation. Rather than engaging in dispute resolution and arbitration, lawyers are at one anothers’ throats, following an attempt by the leadership to probe the immediate past executive. Besides, a group of lawyers plan to impeach the chairman of the branch, Mobolaji Ojibara.

    The lawyers, who are said to be loyal to the former chairman, were said to have served Ojibara a two weeks impeachment notice. The notice of impeachment is said to be sponsored by 16 members of the association and seconded by 18 others. They are accusing him of professional misconduct contrary to Article 14(a) of the NBA bye-law 2013, Section 9(a) (iv) of the NBA Constitution 2009, Article 22 NBA bye-law 2013 and NBA Guidelines and Timetable for 2014 NBA and abuse of office contrary to Section 14(c) of NBA Ilorin bye-law, 2013.

    They accused him of issuing a dud cheque of N300, 000 to Dr. J.O. Olatoke (SAN) and also replacing the name of Balogun with that of Salman Jawondo as a delegate to the just-concluded NBA national elections. They are also accusing him of using funds meant for the association to buy bags of rice for his friends and also sponsored the funeral ceremony of the association’s Vice-Chairman without due clearance from the association.

    According to those who want him out of office, Ojibara allegedly redeemed the sum of N3 million from pledges made at a recent NBA function without disclosing same to the executive council or congress of the association.

    Investigations revealed that the alleged disqualification of Balogun who sought to contest election as National Legal Adviser of the Association at the just-concluded NBA election may have been responsible for the anger against Ojibata by some of the members.

    Ojibara told our correspondent that those seeking his removal as the NBA chairman will not succeed; even as he allegedly blamed the development on the immediate past leadership of the branch headed by Balogun whom he claimed had allegedly refused to submit to the rule of accountability.

    While claiming not to have received any notice form impeachment as at the time of this report, his associates said only two third of financial members of the association can actually remove the chairman, stressing that those behind the move really do not have evidence to prove their allegations.

    Ojibara said: “The problem is that they have refused to be accountable to the association. When they left office, we decided to look into the account and that is the normal practice, but they refused.

    “For instance, they claimed to have spent N6.5 million on the Bar Centre and still left a debt of N7.7 million. When they presented that report, members said the account should be audited and we set up an audit committee to do that but they went to court to stop the auditing.

    “In December, while that was going on, we had our dinner but they hijacked the programme and presented themselves with awards. If we had screened the accounts by then, we wouldn’t have presented them with awards. We also later decided to look into how they hijacked the programme and set up a committee to do that.

    Again, they went to court to stop the process. It was at that point that Balogun sought to contest for a post in the National Executive Council of the association. They then began to make various comments on the social media which attracted the attention of the National President.

    They claimed there was a state of emergency in the Ilorin chapter, that the executive have been banned and other allegation. I had to talk with the President and I put down my position formally and they found substance in what I said and that was why they disqualified Balogun from contesting.”

    Continuing, he said: “The moment they returned to Ilorin, they launched this impeachment drive as an attack on my administration. Check the document and you will see that virtually all the lawyers that signed are from one chamber or the other where members of the past executives are working.

    Their campaign is that once Balogun was disallowed form contesting, then this executive must also go. But we are merely insisting on sanity in the branch because we believe that people should be accountable. They just want to negotiate knowing that they cannot get anything from the court process. They have done so much havoc to the association.

    “I urge you to go and see the Bar Centre and the level of work done. I am not begging anybody not to go ahead with the plan to remove me if they think they have what it takes to do so.”

    One of the lawyers, Rafiu Balogun dissociated himself from Ojibara’s ordeal saying “I am surprised that a leader of the bar could go on this way when he knows the truth. I don’t know why some of them are being economical with the truth. The audit committee that was set up was manipulated by the chairman and one or two of his cohorts who are hell bent on destroying our credibility.

    “In the history of the bar in Ilorin here, there is no administration that can match ours. The records of our achievement are there. I am surprised that he is saying I am the one supporting the move.

    “At our general meeting of April 18, the one we had at the Chief Judge’s Court, the secretary, Mr. Akande sat with the congress. He rose up and said the chairman is guilty of financial recklessness, abuse of office and unguarded statement. That is coming from his secretary and that is part of the grounds of impeachment.

    “Is that Balogun again? He should just leave me alone. This is what happened: after our tenure when we submitted our annual reports and accounts, we set out everything clearly. There was no issue at all. It was at the point of the report being adopted at the swearing-in of the new executive that Mr. Salman Jawondo, his godfather, raised up his hands that we must not adopt this report that day because the time was far spent.

    “The tradition is that we must adopt it but because we didn’t know they had their own plans, I said no problem; that we could adopt it at the next general meeting which is the inaugural meeting of the Ojibara administration. But the day we were supposed to do that, Jawondo again raised an issue that the report had not been audited and therefore should not be adopted.

    “I was surprised. Meanwhile Ojibara began to read out a list of names of a committee on that. One of the elders objected to it because that was not the practice. How can you appoint committee for us to audit the report? There and then Jawondo raised his hands up again and nominated Dr. Adams whose name had earlier been read out by Ojibara, to head the committee.

    “Thereafter, they began to jubilate that they were going to deal with me. The secretary to that committee is in the same office with Dr. Adams. They wrote to me asking for records of the administration. I asked them to contact the secretary because as chairman, I don’t keep records. Let them write to all secretaries and financial secretary.

    “They wrote and those people responded. But the committee didn’t work at all. The chairman alone was looking at our record and was filing report because he was detailed to indict me because of my ambition. As a result of the practice in those days, the chairman must recommend you to say that you are in good standing, otherwise you will not be allowed to contest.”

    Balogun also said: “The plan was that they would use the report against me; they were going to use two reports; the audit and the one on the plaque we were given at the end of our tenure which is a normal thing. They made it become an issue and set up another committee to probe me.

    “The audit committee was not working but they were preparing report. We have somebody there who felt it was all unfair and spoke out against what they were doing. We wrote them to hands off because we have seen that in law, they don’t even have what it takes to audit and account; it is the job of professional accountants.

    “We also said we have seen that they are not going to be fair to us because I had issues with the chairman of the committee, Dr. Adams. This is so because I didn’t allow him to contest when I was secretary because he was not qualified. But they hid our letter whereas they ought to refer the letter to the congress; that we are complaining.

    “We are lawyers and I am surprised that they could keep that letter without referring it to the congress. We had no option again but to go to court. But before doing that, we went to our elders; we wrote to them to let them know what was brewing and asked for their intervention, that we have served so well and therefore do not deserve to be humiliated.

    “It was my administration that constituted the Council of Elders and we put it in the bye-law. We wrote to them and we even talked with some of them. But nothing was done. So, we had to go to court. You should ask us what our prayer in court is. “We are saying that we are not going to get fair hearing from the committee and that the court should mandate the association to constitute an independent auditor from outside who will do the auditing.

    “So we are not saying our accounts should not be audited even though reports of the two past administrations of Jawondo and Akanbi were not audited. We are on trust; we are lawyers and if lawyers speak from the bar, there is no need to doubt them. We are not used to this kind of thing; we operate on trust.”

    He added that what was happening to him is pure “vendetta. I contested with Ojibara on two occasions and as God would have it, I defeated him both as secretary and chairman and he said I didn’t support him during time he won, adding that I was supporting my Vice-Chairman, Dr. Abikan.

    That was my offence because the elders had intervened on the matter earlier and they blamed him for taking such action.

    “I say it is vendetta or envy because they are marveled at what we have achieved so far. When I started, they said I was too young to do it but when we started to achieve so much, they were marveled. They accuse me of planning to turn myself into Saraki of NBA. But I tell them it is because I am popular and people like my style.”

  • Democratisation of NBA

    Democratisation of NBA

    Being the speech delivered by Femi Falana (SAN) at the Bar dinner of the Ibadan branch of the NBA in Ibadan, Oyo State capital.

    Introduction

     

    THE Nigerian Bar Association (NBA) is one of the oldest professional bodies in Nigeria. As the premier branch of the NBA, the Ibadan bar charted a course for the modern NBA. In fact, it was this branch that hosted the 1987 annual conference of the NBA which produced the Alao Aka-Bashorun leadership. It is generally agreed on all hands that it was during that glorious era that the NBA was reorganised and rejuvenated  to champion the struggle for the rule of law and the restoration of democratic governance in the country. The NBA fought executive lawlessness that was the hallmark of military dictatorship and mounted a sustained campaign against preventive detention decree and other obnoxious legislations.

    In spite of official pressures, the NBA neither paid any courtesy call on the military president and state governors  nor received any donation from the junta. Two prominent members of the Ibadan branch-Chief Priscilla Kuye and Mr.Oluwarotimi Akeredolu SAN served in that progressive Executive from 1987 to 1989. It is on record that both of them kept the flag flying and  served  creditably well when they subsequently became Presidents of the  NBA. As the NBA is currently comatose, the Ibadan branch should team up with other branches to ensure its revival and vibrancy.

     

    The commercialisation of NBA elections

     

    The NBA has a constitution and a code of ethics which guide the affairs of its members inter se and the practice of law in the country.  But such rules of  professional conduct  are now observed in breach as bar leaders are no longer elected on the basis of their proven record of service, contribution to legal development, commitment to the bar and personal integrity. The NBA  elections have been completely commercialised. The voters register is manipulated and filled with names of unqualified members including the practices and  the manipulation of the electoral process. The  Electoral Committee headed by a former NBA President, Lanke Odogiyan Esq which conducted the 2012 NBA election,  rightly observed  that “Elections into key offices in the NBA have become highly monetised and scandalously expensive. We cannot continue this way. We must courageously address the problems and find solutions to them.”

    Although the Okey Wali Executive undertook to implement the report of the committee on electoral reform, no measure has been put in place to sanitise the corrupt electoral system. As members of the honourable profession, we must ensure that bar elections are not won on the basis of the size of the pockets of candidates. If the NBA cannot conduct credible elections, it has no moral right to monitor national elections managed by the Independent National Electoral Commission. It is however my submission that unless the delegate system is abolished and replaced with universal adult sufferage through the  e-voting system the NBA is on the path of self destruction.

    Last year, the NBA leadership decided to increase  the practising fees paid  by all lawyers. But in spite of the astronomical rise in the said practicing fees  the  NBA goes around these days to solicit for funds from the federal and state governments to run its affairs.  A few months ago, the sum of N70 million was donated to the NBA by one of the governors in the south/south region. The decision of the leadership to corner the entire gift was vehemently opposed by the local bar in that state. Although the crisis was amicably resolved,  the NBA leadership has banned its 109  branches from receiving “donations” on behalf of the national body.  It is pertinent to note that since strings are usually attached to such Greek gift  the independence of the NBA has been compromised. The ugly development has been confirmed by the Chidi Odinkalu Committee which was set up in 2013 to investigate the affairs of the NBA. Without mincing words, the committee indicted the leadership of the NBA for “dangerously depending on big envelope donations from Politically Exposed Persons (PEPs) who are now in a position to dictate the organisation’s programmmes or interfere in its processes.” Those who are familiar with the enormity of the crisis of integrity deficit in the NBA will not be surprised that the report has not been tabled for deliberation in any of its meeting.

     

    On the imperative of democratisation

     

    In a letter addressed to the NBA President, Mr. Okey Wali SAN on December 13, 2012, I was compelled to demand for the democratisation of the NBA. As I could not find any legal basis for conferring the life membership of any statutory body anyone in a democratic society I asked the NBA to demand for an amendment of the relevant provision of the Legal Practitioners Act more so, that  some legal practitioners who are in their 40s and 50s have been appointed into the body. In  opposing  the headship of all NBA committees by Senior Advocates of Nigeria, I rejected my appointment as a co-chair of the NBA Judiciary Committee. Having been involved in the affairs of the bar for over three decades I have realised that  there are many members who are not in the inner bar but who are more suited  to serve the NBA in several capacities.

    For reasons best known to the NBA leadership my suggestions were ignored. Hence, the same set of  SANs and a few other lawyers have been recycled to  serve the NBA in all statutory bodies in a law society which boasts of over 100,000 members. In a demonstration of arrogance of power, the NBA does not take cognisance of the provisions of relevant laws in nominating members to serve in statutory bodies.  For example, contrary to Part 1 of the 3rd Schedule to the Constitution  which provides that the NBA shall nominate for appointment to the National Judicial Council five members  “who have been qualified to practise for a period of not less than fifteen years, at least one of whom shall be a Senior Advocate of Nigeria” I have confirmed that all the five lawyers nominated by the NBA leadership  as members  the NJC are Senior Advocates of Nigeria. All of them are men.

    Furthermore, out of the five Bar representatives, three are former NBA presidents. Indeed, two are members of the same branch of the NBA. One of the two is a life member of the Body of Benchers, a life member of the NBA NEC and the current chairman of the Council of Legal Education. The other member is the sitting President of the  NBA. In the circumstance, the NBA has found it difficult to take a stand  on any of the controversial decisions of the NJC. It is high time the trend was reversed in the overall interest of the legal profession. That is the only way to ensure that the slots allotted  to the NBA in all statutory  bodies are democratised in a manner that they reflect  gender and other interests of the generality of the members.

     

    The independence of the bar

     

    During the NBA NEC meeting held in Ado- Ekiti in February this year, the Chief Judge of Ekiti state, the Honourable Justice A. Daramola observed that “the Nigerian Bar Association  has lost its voice”. The observation of his lordship cannot be faulted. Having compromised itself through corrupt practices it is not surprising that the NBA can no longer speak out on any major national issues. With respect to the massive infringements of human rights by law enforcement agencies and disobedience of court orders  the NBA has been sitting on the fence.  In a country where impunity has become the order of the day the NBA has not deemed it fit to join issues with the government on several complaints of executive lawlessness. Out of pure selfish consideration the NBA has only gone to court, in recent time,  to challenge the provisions of the Anti-Money Laundering Act that require certain professionals including lawyers to file returns to prevent the laundering of proceeds of crime.  As far as I am concerned, lawyers who make money from legitimate transactions should not hide under the cloak of client/counsel confidentiality to avoid accountability.

    However, I must not fail to mention that  the NBA leadership has made some interventions on certain issues of public interest. But some of them have further exposed the NBA to ridicule. For instance, the NBA teamed up last year with the minority who lost the chairmanship election of the Nigeria Governors Forum (NGF). Like the Presidency which recognised the candidate who scored 16 votes as the chairman of the NGF in place of the candidate who won the election with 19 votes the NBA leadership called for the proscription of the NGF on the ground that it could not manage its own affairs. Convinced that the reactionary stance of the NBA leadership was totally uncalled for,- I was compelled to call on all progressive lawyers to “adopt decisive measures to free the NBA from the grip of anti-democratic forces and reposition it to resume its traditional role of defending the rule of law and the expansion of the democratic space in the country .“