Tag: NBA

  • NBA Presidency: South West lawyers forum crisis deepens

    NBA Presidency: South West lawyers forum crisis deepens

    The crisis rocking the South West Lawyers forum(Egbe Amofin Odua), which ia a unified body of yoruba lawyers in the South West, deepened yesterday as the Mrs Priscilla Kuye (SAN)-led screening committee of the forum was unable to come up with the much expected consensus candidate for the zone.

    Addressing journalists shortly after the four hours meeting, Kuye explained that the committee made up of chairmen of the 25 branches within the zone, decided to stay action on recommending any candidate while agreeing to report back to the larger house.

    She said the decision was taken due to six petitions written against the committee, which she regretted, contained allegations too weighty to be ignored.

    The Nation gathered that wo of the contenders, Mrs Funke Adekoya(SAN) and Niyi Akintola (SAN)had on friday announced that they would no more subject themselves to the committee, stressing that the committee had been compromised.

    Adekoya had alleged that some of the committee members, especially some of the branch chairmen had been financially induced to favour a particular candidate, while Akintola had said: “a situation where a senior member of the bar is being screened by a legal practitioner with less than 5 years post call experience simply because he/she is a branch chairman is unacceptable to me”

    Although some branch chairmen present at the meeting of the screening committee yesterday were disatisfied with the houses refusal to simply “adopt Dele Adesina (SAN) who had been “humble” and “respectful” to the committee, Kuye maintained that such action would jeopardise the unity of the forum.

    “We received six petitions, two from Adekoya and Akintola and four each from Okitipupa, Badagry, Ikorodu and Ogbomoso branches. While some of the branches say their chairmen do not have their mandate the two contestants allege financial inducement and inelligibility of some committee members to screen them on the basis that they are too young”

    “This allegations are weighty and capable of dividing the group. We would be further splitting the Egbe if we just go ahead and screen one candidate. Let’s understand that the unity and integrity if the Egbe is at stake”she said

    Kuye went further that there was need to look into the allegations levelled against her committee which included financial inducement.

    “Why would a lawyer of my calibre, with all the long years of reputation I have built over the years will not allow my name to be soiled in the face of such weighty allegations” she said.

  • ‘I grew up knowing only law’

    ‘I grew up knowing only law’

    Tomi Taiwo is the daughter of former Nigerian Bar Association (NBA) Lagos Branch, Taiwo Taiwo and Justice Olawatoyin Abosede Taiwo. She was called to the bar in 2010. In this interview with Precious Igbonwelundu, the graduate of Bradford University, London speaks on why she studied law, her aspiration, among others. Excerpts

    Your mother is a judge in Lagos State judiciary, your father is a known lawyer and your elder sister also a lawyer. So, why did you studied law?

    Honestly, when I was growing up I knew nothing else but law. I did not know what I wanted to do initially. In my diploma year in the university, I tried to figure out what I wanted at that time my mother had just been elevated from a Magistrate to a Judge. Then, my dad a lawyer and my sister was studying law. I just concluded that law runs in our family and that it would be best for me.

    What would you have studied if you had an option?

    Back then in the university, I thought of studying something like psychology or an industry that has not been saturated yet. But then, I looked at the financial aspects of psychology in Nigeria and it was not encouraging. But now, if I were to change my profession, I would opt for Business Administration and Human Resource Management. It is something I have passion for because I love to work with people and I have been told I have good skills in managing people. To top that up, I did my Masters in 2011 at Bradford and I studied Human Resource Management.

    So, if it is possible to deviate in the future, I will go into human resource management, but I will definitely return to law practice afterwards.

    It is the desire of every parent to see their children surpass their achievements. Do you see yourself outdoing them?

    I must confess that their shoes are big. But my parents are not forceful, they are very lenient. Despite their successes, they still allow us make our decisions. I know they would love that I carry on the legacy they are building and I do not intend to disappoint them either. Eventually, I might end up at the bench at the end of the day, but for now, practicing law is fun and I am enjoying it. I might deviate a bit by trying my hands at human resources but I will still come back.

    Do you think there is need for an overhaul of the Nigerian Law School curriculum?

    As at the time I went to the law school, they have made a lot of changes. It was not the same courses my father or my sister had that I was exposed to. My sister graduated in 2007 while I graduated in 2010. But each time I spoke with her while I was in the law school, she always told me that the curriculum was better than what they had. We had a lot of assignments and the classes were interactive. I think they have made a lot of changes already, but things could be better.

    One thing I will like to note is that the teaching aspect of law is different from what is obtained in the field. The bulk of law practice must be learnt by lawyers practically and individually because it is only experience that can teach a lawyer.

    There has been clamour from junior lawyers over the meager salaries they receive from their principals. What is your take on that?

    Yes, it is very disturbing that some lawyers earn as low as N30, 000 per month. I think it has to do with their principals, because where I work, Babajide Koku and Co., I am fairly paid and apart from our salaries, we get bonuses. I also think that every law firm gives according to their income, though that does not justify giving lawyers peanuts. It is highly condemnable and I think the relevant bodies should look into it. There should be a standard for law firms of certain grades because if you do not pay a lawyer well, how do you expect that lawyer to give his or her best?

    Why are you not working in your father’s chamber?

    I wanted to take my job seriously. If I was working in my dad’s chamber, maybe I would have seen it as a family affair and would not be as serious as I would love to. So, working with my principal, though he is also my father’s friend, makes me have the feeling that I am an employee and would be disciplined or penalised if I relapse. Also, not working for my father avails me the opportunity of interacting and meeting other people, both seniors and juniors, and we judge ourselves professionally.

    If you had an opportunity, what would you change in the judiciary?

    I think most of the things going wrong in the judiciary are as a result of individuals and not the process. Basically, it has to do with integrity and hard work. Some lawyers and judges do not practice what they have sworn to practice. If I am opportune, I will streamline the appointment of judicial officers to stem corruption. I will ensure that only those who have been in the system as either Magistrates or lawyers are elevated as judges.

    At the moment, Nigeria is trying to meet up with other developed nations as far as law practice is concern with the new e-filing system. Though it might take a while for us to get there, to me, it is a good step. Everything has been put in place already for legal practitioners, but some chose not to follow or obey. I think people should search themselves thoroughly before assuming certain responsibilities. If you know you are corrupt, why go and accept to be a judge and give others bad name? I also think the current Chief Justice of Nigeria (CJN) is doing a great job. We have seen suspensions and even compulsory retirements of judicial officers and more are being probed.

    Another thing I would do if I have the opportunity is increase the penalty for late filing by lawyers. The current practice where lawyers pay N200 per day as demurrage for not meeting filing deadline is not good enough as punishment. It makes lawyers lazy and delays justice delivery. Currently, the Federal High Court has increased its penalty to N1000 and it is commendable. So, by the time a lawyer realises that each extra day that passes without filing his processes attracts a fine, which his principal will deduct from his salary; such a lawyer will sit up and do the right thing.

    As a daughter of a serving judge, what will you do should anyone approach you to talk to your mother on their behalf?

    First of all, I would not put myself in that position. Secondly, I do not make people, who know my mother as a judge, comfortable enough to discuss such things. Thirdly, even if I was like that, my mother is not that kind of person and so, it cannot work. I do not think there is any case where someone has approached me to talk to my mother on their behalf, no.

    What is your advice to young lawyers like you?

    Law is hard work and passion is required. If you are not passionate about it, then you have no business being in it. When you have the passion and drive for law, it would not be a big deal to you. Use everyday as an opportunity to learn. Everyday I am in court I learn something new or revised something I learnt in law school. Even if it is not a profession you want to end up with eventually, it is no time lost because you will gain a lot.

     

  • NBA urges military to protect civilians

    NBA urges military to protect civilians

    The Nigerian Bar Association (NBA) has hailed the Chief of Defence Staff, Air Marshal Alex Badey, for assuring the nation that the military will end the Boko Haram insurgency in April.

    The NBA urged the military to respect its rules of engagement and protect the rights of innocent civilians.

    It advised the Federal Government to protect the lives and property of Nigerians.

    NBA President Okey Wali (SAN) spoke yesterday in Abuja when he presented cheques to some lawyers and others affected by Boko Haram insurgency in the northeast.

    He said: “Let me, on behalf of the NBA, congratulate the new Service chiefs appointed by Mr President and to particularly commend the new Chief of Defence Staff, Air Marshal Alex Badeh, on his widely reported commitment to ending the insurgency by the end of April, 2014.

    “To many, that is a tall order. But for us, it is commendable commitment and an exhibition of serious-mindedness to deal with insurgency.

    “As they say, you aim at the moon and, if per adventure you miss your target, you will very well get the stars. Nothing ventured, nothing gained. So, we wish the new Service chiefs well. But they must remain within their rules of engagement.”

    “For us at the NBA, they (military) must respect fundamental rights of all citizens, the insurgents inclusive. That is the difference between us and them, and between primitiveness and civilisation.”

  • Court orders accelerated hearing on suit against NBA

    The Court of Appeal in Lagos on Tuesday upturned a ruling delivered by Justice Rita Ofile-Agumogobia of Federal High Court, Lagos, which restrained the Nigerian Bar Association (NBA) from collecting practising fees from lawyers pending the determination of a suit filed by lawyers.

    The appeal panel led by Justice Shagbor Ikyegh in its judgment noted that the NBA will suffer financially if the lower court’s ruling is allowed.

    Justice Ikyegh also ordered that the matter be assigned to another judge and be given accelerated hearing.

    Following the announcement of an increment in practising fee by the National Executive Committee (NEC) of the NBA last year, five lawyers, Seth Amaefule, Amaka Aneke, Celestine Nwankwo, Charles Ola-Oni and Tayo Arojo, challenged the NBA’s decision at the lower court.

    The NBA had fixed N5,000 for lawyers called to bar between 2011 and 2014; N10,000 for 2006 to 2010; N17,500 for 2001 to 2005; N25,000 for 15 years at the bar and above as well as N50,000 for Senior Advocates of Nigeria (SAN) and Benchers against the previous N2, 000; N4, 000; N7, 500; N10, 000 and N20,000 respectively.

    They argued that the NBA raised the fees by 250 percent which most lawyers would not be able to afford.

    Through their lawyer, Pa Tunji Gomez, they asked the court to make an order of mandatory injunction, compelling the defendants to continuously collect the fees as it were on January 1, 2012.

    Gomez urged the court to grant the prayer of the plaintiffs and make an order restraining NBA from collecting or enforcing the new fee regime.

    He also prayed the court to stop the defendants from sending text messages to lawyers, persuading them to pay the new practising fee, until the case was finally determined.

    The defendants in the suit are – NBA President, Okey Wali (SAN); General Council of the Bar; the Attorney General of the Federation, Mohammed Adoke and former chairman NBA Lagos Branch, Taiwo Taiwo, among others.

    Dissatisfied by Justice Ofile-Ajumogobia’s ruling, the NBA, through its lawyer, Tayo Oyetibo (SAN) appealed against the decision, describing it as a pervasion of justice.

     

  • Gays have no rights, says ex-NBA chief

    Gays have no rights, says ex-NBA chief

    Many western countries have been threatening fire and brimstone since Nigeria’s adoption of the anti-gay law. As a sovereign nation, former chairman of the Nigerian Bar Association (NBA) Lagos branch Taiwo Obafemi Taiwo, in this interview with Precious Igbonwelundu, believes  that Nigeria should call their bluff because there is nothing wrong with the law . 

    Was the passage of the Same Sex

    (Prohibition) Act 2013 a mistake?

    It is not the business of the international Community to tell us what to do and we do not have to dance to their tune. Even in international law you must respect the sovereignty of other countries. So, I am not bothered by the way the international community views it along as it’s what Nigerians want.  Nigerians want a bill against gay and it has been passed into law. We don’t have to dance to the tune of the international community in everything we do. Their morals may not agree with our own morals because we see things from different perspectives. There are no human rights in the issue of gay because what is bad is bad, it has no other name. How can a man and a man or a woman and a woman be kissing on the streets and you think that society is sane? It can only happen in an insane society as far as I am concerned. The government should call the bluff of the international community and if they want to hold-on to any foreign aid, let it be. Even in their country, would they want a gay President to lead them because it would not portray any country in a good light? How can any sensible government say that because we passed the anti-gay law we should be crucified?

    Since the zoning of the NBA Presidency to the South West, the Egbe Amofin has not known peace following the alleged adoption of a candidate. How can this be resolved?

    It would be resolved democratically. Everybody knows what is wrong in the Egbe Amofin. If people pretend not to know then they are like the ostrich that buried its head in the sand with all its flanges opened.  I will not want to say more because the reconciliation committee set up by the Egbe Amofin is working and they have almost succeeded in reconciling the parties but I know a candidate will evolve democratically.

    As far as I am concerned, if there are issues being thrown-up because of the coming election it is understandable. In a democratic society, there are people who want to eat from the pie. The NBA is an amalgam of lawyers and we believe in democratic principles. But, I think that for you to have a very robust election, the number of candidates to contest election should not be pegged.  I don’t think you can do without rivalry and problems.

    Do you think NBA should follow professional organisations, such as ICAN and Nigeria Society of Engineers so that election into NBA Presidency would be by ascension?

    I don’t believe in ascension because it means you are not going to give everybody equal rights to ascend. Don’t forget that the NBA comprises of Nigerians from different culture and ethnic groups. As it is in the national polity, so it is in NBA.  How can NBA that is supposed to be democratic not start doing ascension of candidates, I don’t think it’s appropriate for the Bar.  So, its better we stick with democratic principle, where winner takes it all. So, we go to the poll and the best candidate wins and become the President. It is the beauty of democracy.

    Are you saying you do not support adoption of candidates?

    I won’t say I don’t support adoption of candidates but I will support adoption as far as it relates to a section. You can adopt a candidate, but then, if somebody else wants to exercise his or her rights, the person should be free to do so. I believe sincerely in democracy, what I don’t like is unopposed candidacy. If the Presidency of NBA has been zoned to a particular section and there are ten persons coming from the zone to contest provided nobody else comes from other zones, let the ten persons from that zone slug it out.  But, I don’t like a situation where some people will want to take advantage because there is a problem from a particular zone and they want to take benefit of it. For instance, the NBA Presidency has been zoned to the South West, so if there are four or five candidates from the South West, let them slug it out provided no other candidate comes out from any other zone to contest.

    Are you saying that since the NBA Presidency has been zoned to the Southwest no candidate from the North or Eastern Bar should contest?

    Yes, they should leave it for South West and that has always been the practice unless they want to change the rules now. If you are changing the rules now, then you are invariably saying the zoning pattern in NBA no longer exists.

    It has been a practice for former NBA Chairmen to be a delegate to the National Executive Committee. But, there is a resolution published in the newspaper to stop this trend. What is your take on this?

    The point is that the resolution is targeted at Taiwo Taiwo and the reason I said that is because we have been going on this path before I became the Chairman of the Lagos Bar. When I became the chairman, I wrote a letter appointing my predecessor, Mr. Chijioke Okoli as the NEC rep for Lagos branch.   Why is it that now as a former Chairman, some people just woke up and decided to want to pass a resolution so as to bar me from becoming a NEC rep of the NBA Lagos branch.  Whatever is their reason, they should be man enough and bold enough and come out in the open. The house will deliberate on the purported resolution and I know that the Lagos Bar is made up of very fair minded people and they will see that behind the masquerade there is somebody underneath.   I know they will do the right thing and shoot down that resolution.

    What is your take on the N1 billion marginal increase in the judiciary’s budget by the Federal Government?

    Allocation to the judiciary is ridiculously low but I hope that by the judgement of  Justice Ademola Adeniyi delivered recently  that  funds accruing to the judiciary from the Federal Account/Consolidated Revenue Fund, should henceforth, be paid directly to the heads of courts of the 36 states of the federation and the Federal Capital Territory should bring an improvement. But, we all know that the judiciary as of now is not fully independent. There can be independence in judicial pronouncement, but they are not independent financially. Like the Executive and the Legislature who have their separate votes the judiciary still have to go cap-in-hand to ‘’beg for money’’. But, with the pronouncement of Justice Ademola that should be laid to rest, when total separation is now brought to play and the judiciary should be made self accounting.

    What is your view on the bombing of courts?

    It is a very dangerous trend and I pray that will be the first and the last attack. If the judiciary and judicial officers are being attacked, then the country is further sliding into abyss, a brutish society where everyman is to himself and God for us all.

    How can the controversy between the National Judicial Council (NJC) and governors on the appointment of Chief Judges be resolved?

    I like to toe the position of NBA president and that is to the effect that NJC must be respected. There are some issues of national importance   that the President of NBA has commented on and a member of the Association, I will not give a divergent opinion.

    The NBA rejected the one slot given to it for the upcoming National Conference. Do you think this is right?

    One nominee for an organisation known for law is inadequate. The confab is a place where legal matters would be discussed. I think the confab should be democratic to the extent that government should not have hands in it. The government should allow people to decide who their representatives should be. This is the same problem we had with the 1999 constitution; delegates were handpicked by the military. Now there is a democratic government in place, and they want to pick representatives, I think it’s undemocratic.

    What is your view on the N7billion earmarked for the confab?

    I do not know what they want to use the money for but I think it’s outrageous. There is likelihood the money will end up in private pockets. I don’t think the Federal government has any responsibility to foot delegates’ bill to the conference. Why should the government foot the bill, the people should sponsor their representatives by so doing they will have freeness of speech to tall boldly and fearlessly. There will be real freedom of expression, but

    Do you subscribe to the suggestion that serving judges should not be allowed to adjudicate on election disputes?

    Yes, I do because when you appoint a judge to serve in an election tribunal, other cases will suffer. Serving judges are prone to being abused by politicians than a retired judge. Unless a retired judge is inordinately corrupt, what else does he want in life that would make him succumb to pressure from politicians?

    What areas do you think the CJN should focus on in reforming the judiciary?

    The most important reform now is the independence of the judiciary. The judiciary must be truly and total independent of the executive and the legislature. It is not good enough for the judiciary to go cap-in-hand to the President or a State governor for funds.  The judiciary should have its own budget so that it would not be at the beck and call of the executive arm of government.  I think that is the most important reform. The other reform has to do with the appointment of judges.

    Do you subscribe to the view that some outstanding Senior Advocates should be appointed to the Supreme Court?

    Under the Constitution, any lawyer who is ten years post call can be appointed as judge of the High Court. Any lawyer who is 15 years and above can become a judge of either the Court of Appeal or the Supreme Court, so, it is not sacrosanct that a Justice of the Supreme Court must pass through the ranks. So, I do not see anything wrong from appointing judges to the appellate courts from practising lawyers.

    In my view, there is nothing wrong if you pick some senior advocates who are good and are also interested to go to the Supreme Court. I am not saying judges who worked very hard should not be compensated by promotion, but it is in the interest of the system if some senior advocates who are good are also elevated to the Supreme Court.

  • NBA protests single slot

    NBA protests single slot

    Lawyers, including the President of the Nigerian Bar Association (NBA), Okey Wali (SAN) yesterday reacted to the guidelines for the planned National Conference released by the the Federal Government.

    Wali faulted government’s decision to allocate a slot to the association at the talks.

    Alex Iziyon (SAN) suggested that the outcome of the conference be submitted to the National Assembly for inclusion in the 1999 Constitution, while Yusuf Ali (SAN) faulted the timing of the conference.

    Wali, in a protest letter to the Secretary to the Federal Government,Chief Anyim Pius Anyim, said the allocation of only one slot at the conference to the NBA was disappointing.

    He wondered why other associations with fewer membership, compared with the NBA, were allowed to nominate more than one delegate to the conference.

    He argued that since the conference will address many legal issues, “it is only fitting and proper for the umbrella association of all lawyers in Nigeria, the Nigerian Bar Association, to have more than one delegate at the National conference.”

    The NBA President said that the national conference is an area where lawyers possess enormous expertise and will definitely add a lot of value to the process.

    He added: ”We do not want to think that our expertise is neither appreciated nor welcome. This is not glory seeking, this is about adding value to the process, because the good of this country, is the good of the Bar and so we are determined to give whatever is needed to make our country great.

    “We do not believe that the single slot given to the Nigerian Bar Association will be impactive enough, and so, we request that you, please, reconsider the one slot offer to the Nigerian Bar Association, as we regrettably will be unable to accept that offer.

    “We hold it in your favour, that this may very well be an oversight, and that the Federal government will have no difficulty in revisiting the issue.”

    Wali noted that his association has been at the vanguard of the call for a national conference.

    “Infact, it was a past President of the Nigerian Bar Association; the Late Alao-Aka Bashorun, that first called for a National Conference and since then, the Nigerian Bar Association has been in the forefront of the National Conference discourse”, Wali said.

    Iziyon argued that the Constitution remains the ground norm, which is the framework for the operation of the machinery of government and the people.

    He said:“So, if you have a national conference, there is nothing wrong, for instance,if we want to get further. But that must be referable to the Constitution.

    “What I am saying is that after the National Conference, whatever is arrived at there must go back to the Constitution.

    “People have argued that because the military brought the Constitution we must get a new one. That has raised a serious jurisprudential issue.

    “The position is that any successful coup begets its own legality.

    “Are we going to say that the Decrees that were made by the military were not law? They still form part of our laws. So, I do not believe the argument that since the Constitution was not made by the people it does not belong to them.

    “Are all the former military Heads of State not recognised as Heads of State today, including those who were draconian? They are all listed as former leaders. So, why are we deceiving ourselves?

    “What remains is that it becomes a starting point for the people to build on the Constitution, not jettison the Constitution.

    “What we should do is to ensure that whatever our people are able to come up with by any extra constitutional means, that is, the national conference, should be submitted to the National Assembly.

    “What should be done is that all that we have been able to come up with and we find them useful, we should add them to the Constitution. So, at the end of the day, it becomes an almagam of both the military and now, the consensus of the people.

    “And then, we can move forward.Whatever is going to be done that is not referable to the National Assembly is a recipe for anarchy.

    “This is because the Constitution says that this country shall not be governed by any other means except in accordance with the Constitution.”

    Ali said :“I have not seen the guidelines. But I have always maintained that this is not the appropriate time for such a dialogue. But if they want to go ahead, let them continue. We can’t stop them.”

  • Lawyers disagree on NBA Presidency

    Lawyers disagree on NBA Presidency

    The Midwest Bar Forum (MBF) has faulted the Southwest Lawyers Forum (Egbe Amofin) on the rotation of the Nigerian Bar Association (NBA) presidency.

    It is the turn of the West to produce the next NBA president by the association’s zoning arrangement.

    The adoption of a Presidential candidate for the election coming up in July has been causing ripples within Egbe Amofin. While a group led by 15 NBA branch chairmen has adopted Dele Adesina (SAN) as its candidate, fixed February 8 for the adoption of candidates, MBF, which is also interested in the position, has adopted Augustine Alegeh (SAN) as its candidate.

    In a chat with reporters, MBF Chairman Mr. Ferdinand Orbih (SAN), restated the group’s position.

    He said the “Midwest Bar Forum consists of lawyers from the Midwestern region of Nigeria and its membership includes lawyers practising in Edo and Delta states.

    “The 2014 Presidency of the NBA is zoned to the Western region of Nigeria which comprises the Southwestern and the Midwestern zones.

    “ During the tenure of Mr. Joseph Daudu (SAN) as a result of the agitation by Midwest to be granted a Presidential slot, which was supported by others within the NBA and which would have resulted in the creation of more zones for the NBA Presidency, the Southwest led by Chief Bandele Aiku (SAN) conceded and accepted the fact that the Midwest is part of the West and whenever Presidency is zoned to the West, both the Midwest and Southwest would be entitled to contest for the position.

    “Chief Aiku offered to work out a rotational policy between the Midwest and Southwest zones on whenever the NBA presidency is zoned to the West.

    “Subsequently, the MBF led by its chairman visited Egbe Amofin in June 2012 and informed it that in view of the fact that the Southwest zone had produced the past Presidents of the NBA on the two occasions the NBA presidency had been zoned to the West, that it accords with reason, equity and fairness that the 2014 NBA presidency should go to the Mid-west zone.

    “Chief Wole Olanipekun (SAN) responding on behalf of the Egbe Amofin, said they wanted to produce the next NBA President zoned to the West, adding that they had, in 2008, offered the position to Mr. Albert Akpomudje (SAN) of the Midwest, but he declined the offer on the basis that the Midwest had no other viable candidates for the position, so, Mr. Olurotimi Akeredolu (SAN) of the Southwest became the NBA President.

    “The Chairman of the Midwest Bar Forum at that time, Chief Akpomudje (SAN) confirmed the offer to him, saying that the Midwest now has viable candidates for the race and further drew the attention of the Southwest to the existence of a similar rotational policy in the Eastern Bar Forum between the majority Southeastern states of Imo, Abia, Anambra, Enugu and Ebonyi and the minority Riverine states of Rivers, Cross-river, Akwa Ibom and Bayelsa.

    “The MBF acting in good faith and along the lines of equity, fairness and good conscience have adopted Mr. Augustine Alegeh (SAN) as its candidate for the 2014 NBA presidential elections and expects that the Egbe Amofin should act as a big brother in honouring their earlier pact.

    “We are surprised that despite all our entreaties, lawyers from the Southwest are still jostling for the 2014 NBA presidency and the MBF notes that the Egbe-Amofin has broken into factions.

    “While this development is none of our business, we urge that the present deluge of text messages and emails which are uncomplimentary do not augur well for the entire NBA and we urge our brothers in the Southwest to sheathe their swords and in the spirit of brotherliness, support the candidate of the Midwest as 2014 is certainly the turn of the Midwest and not the South-west to produce the next President of the Nigerian Bar Association,” he added.

     

     

  • NBA’s festering democratic deficit

    NBA’s festering democratic deficit

    A Lagos lawyer, Akintayo Iwilade, argues that for the Nigeria Bar Association (NBA) to become a truly democratic organisation, it should adopt universal suffrage for electing its national officers.

    After all, these exaggerated logistical inconveniences are easily surmountable by a coherent deployment of technology and sincere administrative expertise in our electoral process. One way is to adopt a system that ensures elections into the national offices of the Nigeria Bar Association (NBA) are simultaneously held across all the NBA branches on any convenient day(s) designated and valid returns for each candidate for the said elections sent to a Central National Collation Centre funded, staffed and accountable to the NBA. Rather than having an unwieldy situation of having over 100,000 lawyers gathering at a single venue to elect their National Officers, elections into the national offices ought to be simultaneously held across the branches with the same structures through which branches have often held their local branch elections.

    Results of every branch can then be sent to the Central Collation Centre to determine the winners through simple mathematical computations. But such elections need to be held on the basis of the fundamental acceptance and adherence to the principles of universal suffrage, i.e; every member of the Bar having a right to a single equal vote and nothing more.

    Still on this exaggerated scare of rowdiness, I do not suppose anybody holds the thousands of learned men and women that constitute the NBA at the various branches, with as much baseless condescending contempt as to think they would be incapable of conducting credible elections for national officers in their branches just the same, or even better ways, as they have conducted their own local branch leadership elections.

    As the NBA desires to lead the clamour for opening up Nigeria’s democratic space, so must it open up its own democratic space to allow every lawyer have equal rights and say in determining who emerges as their National Officers. The distortion of democracy continues to threaten the development prospects of Nigeria and as the clamour for true democracy promises to eventually become a more engaging, long and perhaps bitter one, credible organizations like the NBA must shore up their credibility by serving as moral guides who not only speak for democracy but practice it in a manner that inspires the Nation.

    It was America’s former President Bill Clinton who admonished his fellow citizens, while presenting his first inaugural speech that; “our democracy must be not only the envy of the world, but the engine of our own renewal”. If this is true for America, which despite its enviable leadership in the world, continues to work at perfecting its democratic union, how much true it must be for our brutalized Nation? And how true this must be for the Nigerian Bar Association if it is to renew itself, revitalise its members, and open up its electoral spaces to broaden the progressive leadership choices available within it!

    As we commence 2014 (another election year to decide the National Officers to lead, and speak for the Nigerian Bar), we should rethink the permutations that go into the selection of our officers at the National Level and take sincere steps to democratise the processes completely. The NBA must become a democratic oasis from which members and aspiring participants in Nigeria’s desolate governance desert can draw inspiration. More than speaking for democracy, we must practice it. More than theorizing on the concept, we must set examples in democratic conduct among ourselves and thereafter beckon on our country women, and men, to emulate us. More than saying we are Democrats, we must be indisputably seen to be so. And having enjoyed the reputation for long, now is the time to act and live up to it.

     

     

     

  • Proposed national conference and its controversies

    Proposed national conference and its controversies

    The proposed national dialogue may hold in this first quarter. But, criticisms are trailing the report of the Presidential Advisory Committee (PAC) headed by Senator Femi Okurounmu. Will President Goodluck Jonathan issue guidelines on the conference based on the report or tap from the minority report submitted by Chief Solomon Asemota (SAN)? MUSA ODOSHIMOKHE highlights the hurdles on the way of the conference.

    Then President Goodluck Jonathan unfolded his plan for a national conference last year, many stakeholders were skeptical. They dismissed the proposed dialogue as a decoy. Now, the report of the Presidential Advisory Committee on National Conference recently submitted to President Goodluck Jonathan has confirmed the fear that the conference will be teleguided by the government.

    The committee headed by Senator Femi Okurounmu was divided over some issues. While Okurounmu submitted a majority report, another member, Chief Solomon Asemota (SAN) submitted a minority report. The conference is expected to kick off in this quarter. But, stakeholders have expressed divergent views. Some have said that the report fell short of expectation. Others are saying that the missing links in the majority report can be bridged by the recommendations in the minority report. A section of the stakeholders are also warning against dismissing the reports, until the government white paper is out.

    Many people have pointed out that the main report has trivialized critical issues germane to the survival of the country. Highlighting the shortcoming, the former President of the Nigerian Bar Association (NBA), Mr. Olisa Agbakoba (SAN), said expressed surprise about the report. He said irrelevant 38 items have been included in the agenda of the national conference. He warned that, if the conference is convoked, based on the Okurounmu report, it will end up as a mere talk shop.

    Agbakoba said: “We expect that we had made a number of recommendations on things we have found unacceptable. The first surprise, which the PAC put forward, is that it has failed to understand what the constitution should contain.

    “We had expected that the PAC will be looking at the devolution of power, the structure of the federation, whether there should be six geo-political zones, state creation and their viability, the role of the local government and other important issues.”

    The human rights activist said that, although the PAC played down these important items on the conference agenda, issues of god fatherism, the cost of governance, the return of missionary and private schools, nomadic education, Tsangaya/Almajiri education system and unsettled issues of the Nigerian civil war are put on the front burner. The President of the Nigeria Bar Association (NBA), Mr. Okey Wali (SAN), also faulted the report. He wondered why the President refused to receive the minority report submitted by Asemota.

    However, the Special Adviser to the President on Media and Publicity, Dr. Reuben Abati, flayed the critics of the report. He pointed out that Asemota was present when Okunrounmu presented his report to the President. His explanation did not put a stop to the volley of criticisms. The leader of ‘The Patriots’ and the ‘Igbo Leader of Thoughts’, Professor Ben Nwabueze (SAN), said that the report was lopsided on the modalities of convoking the national conference, which requires that delegates should come from the existing constituencies delineated by the Independent National Electoral Commission(INEC), instead of the ethnic nationalities.

    The former university don frowned at the way Okurounmu had attacked him, based on his observations, instead of acknowledging his lapses in good faith. Also, the Afenifere Renewal Group (ARG) led by Hon. Olawale Oshun supported Nwabueze’s line of thoughts. The Publicity Secretary of the group, Mr. Kunle Famoriyo, said that any conference convened, based on the Okunrounmu panel’s recommendation, may not meet the yearning of Nigerians.

    He added: “We found the recommendation that representation should be based on federal constituencies distasteful because this political structure has been used as a veritable tools of injustice, social and political discrimination that have held this country bound.

    “Our recommendation therefore, is that equal number of delegates should be elected or selected by ethnic nations within the zone. We also reject the recommendation that the conference delegates should be saddled with the responsibility of deciding how the decision and the outcome of the proposed conference would be integrated into the constitution and laws of Nigeria.

    “We therefore, kick against the nomination of any delegate, whether from any public official or from special interest group. Our stand is that every Nigerian belongs to an ethnic nation.”

    Agbakoba reviewed the agitations for the national conference. He noted that the 1999 Constitution was rejected because it did not emanate from the people. The lawyer said that the people perceived it as a military imposition because the document was midwife by the Abdulsalami Abubakar Administration.

    There are several flaws in the constitution which stakeholders expect the conference to correct. The constitution, for instance, states that the creation of states must be backed by the act of the National Assembly. The request must be supported by, at least, two-third majority of members representing the area.

    The process, analysts believe, is cumbersome should be modified. Some states are not viable, but were created for selfish political reasons. Some of them were decreed by the military government.

    Also, the local governments have become a subject of disputation. The 1999 Constitution states that a bill for the law of a House of Assembly, in respect of the area agitating for a council, must be supported by, at least, two-third majority of members representing the area demanding the creation of the new local government.

    Many experts have pointed out that the council are created by states, but their funding has become a subject of disputation. Should they be funded by the Federal Government or states?

    Pro-National Conference (PRONACO) member Mr. Linus Okoroji expressed reservations about the proposed conference. He said that one of the issues that may generate heat there is the status of the local government. “ The federal government should not fund the councils directly because they are created by states. They should ensure that the money goes to the states that will now allocate them to their councils. The states already have a grasp of the challenges these councils are facing”, he said.

    Another vexed issue on the front burner is the state police. It has polarized the polity. While a section is insisting on the federal police, another section is agitating for its decentralization.

    Recent events in the country has fuelled the clamour for a multi-level policing. There are allegations that state police commissioners are incited against governors, who are the chief security officers in their states.

    Abgbakoba urged Nigerians not to miss the opportunity for another conference. But, he doubted, if the dialogue can succeed, if the baseline is the adoption of the majority report.

    He said: “Nigerians truly want to see a new constitution. Rightly or wrongly, Nigerians are not happy that General Abubakar brought about the 1999 Constitution through Decree No 24 of 1998. They want to see something new. So, they don’t expect that the new constitution should simply be amended. After the national conference has produced a report, they say it should go to the National Assembly that will now tinker with it. How can that be a constitution by the Nigerian people?

    “What we want to see is a new constitution that is home grown and owned by Nigerians, subject to a referendum, sent to the President and given to the National Assembly, whose only power is to pass it into law. That is what Nigerians want to see. So, we reject the proposition by the committee. The National Assembly cannot be bigger than the Nigerian people”.

    Agbakoba added: “We have always talked about a Sovereign National Conference. But, I am a pragmatic human right advocate. We cannot pull a SNC; we don’t have the momentum for that. I don’t see anything wrong with the President convening the conference. But, if there must be SNC, there are certain minimum requirement. The conference must be open to all. Everybody must participate through the ethnic nationalities.”

    Agbakoba said: “The conference may be swallowed by the tension in the National Assembly.” He therefore, urged stakeholders to avoid that disastrous route.

    In the minority report, Asemota argued that, without a referendum, the report of the conference will be in jeopardy. He dissociated himself from this omission, which created a deep hollow in the majority report.

     

  • Laudable judgment

    Laudable judgment

    • FG should comply with judgment on fiscal autonomy for judiciary

    The recent judgment of the Federal High Court, Abuja, which ruled in favour of fiscal autonomy for the judiciary, is in tandem with the provision of the 1999 constitution. The judgment was delivered in a suit brought by the Judicial Staff Union of Nigeria (JUSUN). In his judgment, Justice Ademola Adeniyi ordered that the funds in the revenue account of the federation, due to the judiciary, should be paid to the heads of court, as envisaged by section 81(3) of the 1999 constitution. We add that other funds due to important organs of state, like the Independent National Electoral Commission, (INEC), should also be paid directly to them.

    It is absolutely in the common interest of our democracy that the provisions and intent of our constitution should be manifestly obeyed. A situation where the executive, with the connivance of the legislature, abuse the rights and prerogatives of the judiciary with respect to their constitutionally guaranteed independence must stop. Unfortunately, this flagrant abuse of our constitution is experienced at the federal and state levels of government. At the state, most governors view the judiciary as an appendage of their executive powers, and sometimes treat the courts as mere irritants. This too must stop.

    The Nigerian Bar Association (NBA) and the senior lawyers, who have thrown their weight in favour of the ruling of the court, must walk their talk. They can do this by defending the judgment if appealed against, up to the Supreme Court. We also urge the courts not to shy away from asserting their constitutionally guaranteed independence. The heads of courts must stand up to the abuse from the executive, and insist that monies approved in the budget for them, should be released in tandem with the country’s constitution.

    The Attorney-General of the Federation and the states’ attorney-generals must also show interest in this matter. After all, they were first admitted as lawyers before they were appointed as attorney generals by the executive authority; so they have a responsibility to espouse the provisions of the constitution and vehemently defend it. Part of their responsibility to the profession should include standing up for the rule of law and defending the independence and integrity of the judiciary. Indeed, the constitution expressly regards attorney-generals as the Chief Law Officers, and it is only fair to live up their titles.

    It is also expected that a financially autonomous judiciary will rise up to defend her integrity, by being uncompromisingly independent in its judgments. As Nigerians witnessed in recent past, there has been accusations of corrupt influence, within the judiciary; especially with respect to judgments on electoral matters. Our hope, and we believe that of many Nigerians, is that if the judiciary exercises its financial independence, it would be less influenced by the executive, and its judgments will help heal our political process.

    For financial autonomy to be really meaningful, the judiciary must also purge itself of corruption, both of the judicial process and fund management. After all, financial autonomy would mean that the judges and other judicial workers will be better paid, and unless that transforms to comprehensive integrity of the whole process; then it will be of little value.

    Again, financial autonomy should come with prudent management of resources by the heads of the court; as it would be tragic if the heads see such a development as opportunity to help themselves to the commonwealth of their constituency, as we see in the executive and legislative arms. In all, it is heart-warming that JUSUN has prodded a match to constitutionalism.