The Nigerian Bar Association (NBA) election will hold next Tuesday. Mrs Funke Adekoya (SAN) is the third in our interview series on the candidates. She tells Legal Editor John Austin Unachukwu, why she is running for the office, her programme and sundry issues.
There have been calls for an Electoral Offences Commission to adjudicate on electoral offences in the country. What is your reaction to this?
I do not support the idea of an Electoral Offences Commission specially set up to adjudicate over electoral offences. All offences are serious and deserve equal attention from the administration of justice system. We had the Failed Banks Tribunal and the Miscellaneous Offences Tribunal in the past and the administration of justice system suffered from delays in the hearing of regular matters because judges were posted to these tribunals.
Electoraloffences were created by our Electoral Law a while back. It is not the absence of a court that has prevented the arraignment of offenders before now but the political will to try offenders. If the political will is there, offenders can be arraigned before the regular courts and dealt with appropriately.
What is your appraisal of the performance of the Independent National Electoral Commission (INEC) in the conduct of by elections in the country with respect to our recent experiences?
The INEC has fallen short of my personal expectations even though they had a good outing in the Ekiti State elections. I have the highest respect for Professor Attahiru Jega and hold him in the highest esteem.
Perhaps because I am not privy to any bottlenecks hindering the performance of the Commission I may be judging wrongly, but I was excited when he indicated that electronic voting would be used for the 2015 elections and would be test run in the Ekiti and Osun elections.
The law to allow this to happen has not been changed till date. I feel he has the clout to make this happen, but as I stated earlier, perhaps I am wrong. In addition the NBA Electoral Monitoring Group which monitored the elections on behalf of the NBA reported that the Commission needs to do more in the area of voter education, as some elderly voters came to vote without being aware of who or which party
What does this portend for 2015 general elections ?
For credible elections, voter education needs to be improved upon.
However the staggering of the elections should be re-visited so as to avoid a ‘bandwagon’ effect. I do not see why it is impossible for all the elections to be held on the same day, moreso now the Senate is supporting the amendment of the Electoral Act to allow electronic voting. This will also avoid voter fatigue and increase voter turnout, which is itself a factor in holding credible elections. On the plus side, the colour coding of ballot papers in the June elections made the movement of ballot boxes a non-issue. If such innovative systems are replicated in the 2015 elections, those elections will be more credible.
As a Presidential candidate in the forthcoming NBA elections, why do you think you are the most qualified to lead the Bar at this time?
I believe I am the most qualified to lead the Bar at this time because I can utilise my international exposure – through my years of active involvement with the Bar Issues Commission of the International Bar Association where I served as an Officer – to implement and inject international best practices into the management of our Bar Association. The election of our Secretary-General as a Vice President of PALU means Nigeria is gaining recognition on the international legal stage, and our Bar Association must be ‘fit for purpose’.
Furthermore, I believe I am the most qualified in terms of my length of service and the wealth of experience in service to the profession through the Association, which experience has been utilised by every
NBA President since Chief T. J. Okpoko (SAN) became the President of the revived NBA in 2000. He appointed me as a member of the NBA Disciplinary Committee for the Lagos Zone. In 1999 he also nominated me to the Body of Benchers as a representative of the Association. He also appointed me as a member of the National Judiciary Committee of the Association. The Committee was chaired by Mr. Olisa Agbakoba, SAN and was charged with oversight of relationships between the Bar and the Bench at the national level.
Between 2002 and 2004, I was the first Vice President of the Association under the presidency of Chief Wole Olanipekun (SAN). In that role, I served as Chair of the National Human Rights Committee that later evolved into the Human Rights Institute. I ensured that committees were constituted under the leadership of the first Vice Chairman of each
branch to provide pro bono legal services. Quarterly reports of pro bono cases were provided to me by each branch. Branches were encouraged to approach lawyers and law firms in their territory to initiate fundamental human rights proceedings to assist awaiting trial detainees and aid prison decongestion. I also pioneered the campaign for introduction of the use of stamps and seals by all lawyers practicing in Nigeria, similar to those used by architects and engineers to authenticate their professional status. The project was successfully launched by the then Chief Justice of Nigeria during the NEC meeting in Ilorin in June 2004 and then abandoned. 10 years later, the Association has now revived the project.
Tell us the key issues in your manifesto and how you intend to go about them?
The key issues in my manifesto are three-fold and I intend to achieve them as set out below: Human Resource Development – I will champion the process of equipping members with requisite skills and providing them with needed access to information, knowledge and professional training that, in turn, enables them perform optimally and effectively. Organisational Development – Utilising the experience gained as an Officer of the Bar Issues Commission of the International Bar Association, I will put in place structures, processes and procedures for efficient management of the Association. This will ensure that the Association delivers necessary membership benefits to all members of the legal profession who pay their practising fees before 31st March of each year. Institutional and Legal Framework Development – Under my leadership, the Association will implement the five-year Strategic Development Plan proposed for the Association. I will also promote the introduction of legal and regulatory changes that will enable the Association to better enhance the role of its members and make itself the true representative voice of the profession, its members and the society at large.
There have been calls for electoral reforms at the Bar to make our elections transparent, credible, free fair and rancuor free. What is your view on this?
As immediate past chair of the Nigerian Branch of the Chartered Institute of Arbitrators (United Kingdom), I implemented the use of electronic/online voting for our Branch elections. This meant that our members all over the country did not have to converge in Lagos at the risk of life and limb before they could vote for the Executive Committee members of our choice. Based on our membership strength, it cost us less than USD $1000 and increased voter participation by over 100 per cent. I would propose this as an alternative to our present system of voting, and if accepted would submit proposals to amend the NBA Constitution to allow for its implementation.
There seems to be a disconnect between the NBA and majority of its members. How do intend tackle this and make the association the pride of its members?
It is true that currently there is a lack of involvement of members in the affairs and activities of the Nigerian Bar Association. This can be solved through an all-inclusive approach to leadership which I would implement, if elected. Consultation with Branch chairmen on issues affecting the profession is key to inclusiveness. There is also a huge disconnect between the leadership and its members who are largely uninformed about the activities of the Association. Some lawyers think the elections are by universal suffrage and will take place during the Annual General Conference in Owerri next month and are planning to attend the conference so they can vote! I had to educate them otherwise. The Publicity Secretary is responsible for communicating issues between the Association and its members. I have reached out to the profession through the various social media platforms such as Facebook and Twitter, in addition to emails and SMS. Under my leadership, the Publicity Secretary will be mandated to vigorously engage with members through these various platforms. In addition, we shall ensure publication of monthly Electronic Newsletters to be provided to members of the association so as to keep them abreast of news and activities of the association.
You are reputed to have served the Bar in its golden years. What experiences are you bringing to reposition the organisation if elected its president?
Let me say that prior to 2000, I served as Assistant National Secretary and as Secretary of Lagos Branch between 1984 and 1986. I then served as National Treasurer between 1990 and 1992. My record of service spans the last 35 years. I intend to deploy all these experiences and the ones earlier set out to the service of our association if I am elected.
