The Nation Newspaper

Tag: NBA

  • ‘Salami’s issue an albatross on Jonathan’s neck’

    ‘Salami’s issue an albatross on Jonathan’s neck’

    The Ikeja Branch of the Nigerian Bar Association(NBA) did not earn its “The Tiger Branch” pay-off for nothing. The branch is known for its struggles in ensuring justice for the masses. In this interview with Adebisi Onanuga, the branch’s chairman, Mr. Monday Onyekachi Ubani, speaks on some issues affecting the ordinary Nigerian and the nation.

    The federal attorney general chastisised lawyers for engaging in all sorts of vices, including making comments on matters that are pre-judicial and of corruption. What is your take on this?

    It was an issue that came up during the annual general meeting on legal education, the issue of ethics, conducts such that even the president, Mr. Okey Wali (SAN)made a statement that he is not satisfied with the issue of nine months training and issue of ethics that is being taught in the law school. He said he would rather want a situation whereby the issue of ethics would be taught at the university level. Because if there is any profession that should pride itself with the issue of integrity, it is the legal profession. That if the legal profession loses integrity, just like salt, of what use is salt if it loses its taste. It is integrity that is of utmost importance to the attitude, to the conduct of a lawyer. If a lawyer begins to degrade that profession that is known as noble by engaging in corruption, by engaging in ambulance chasing, or other things like stealing client’s money, being fraudulent in their activities with people, then the Nigerian state will be in problem because everything is built and revolves around law and order and that profession must remain intact with the issue of integrity. So, I am at the same page with the federal attorney general that we must try as much as possible to sanitize the legal profession, get rid of the rotten eggs in the profession.

    Those who made report against lawyers to NBA said the association don’t take their complaints serious and when they do it takes too long to get justice?

    For me, the issue of those cases that have been reported to the NBA for disciplinary measures should not take up to five or six weeks to come to a conclusion or a verdict about them. There are certain things that must be put in place, that is, procedures and steps that can fast forward and hasten most of the trials of those who have been accused of professional misconduct. I believe that taking into cognizance the views of the new president that the issue of ethics and professional conduct should be taught at the university level, I am on the same page with that and that nine months is not enough for all the teaching of ethics and professional conduct of a lawyer. We should go to the university level, supervise it, and through the law school. We must also be very firm with the discipline of lawyers.

    Corruption on the bench has been a contentious issue and reared its head again at the conference of the NBA. What is your take on this?

    Now, that the NBA has taken up the matter and has started looking at it, it is a very good omen. We must start looking at it even from the branch level. All the judges in the state high court, all the magistrates in the state, we must begin to monitor ourselves. The lawyers must be monitored. The judges too must be monitored. And that also brings me into the issue of appointment of judges. What are the characters of judges that are being appointed? It was also observed at the NBA conference that most of the people who are being recommended for appointment as judges and magistrates, that the NBA and the branches must have an input in such appointment. We know ourselves. There are lawyers that we know their character and conduct. They are not supposed to be on the bench. They are not supposed to hold such position that is a position of trust, a position where they are supposed to determine justice and make pronouncements that will determine the fate of a man, that of life and death. So who becomes a judges or a magistrate is a close matter that should not be left at the alter of ‘I know him’ or ‘man-know-man’. A governor gets a letter or recommendation from a commissioner- oh my relation is a lawyer or is in the Ministry of Justice, make him a judge! Now the character and integrity of that person is not being examined, his conduct is not being examined. If you put such person whose conduct does not speak well on the bar, he is already known as a professional misfit! Somebody who is accused of professional misconduct and you take him and elevate him to the bench, he would continue with his attitude because nobody has ever punish him. So we must begin to look at integrity and the character of people we appoint into the Bench and make sure that they men and women of integrity and that they have honour trailing them as a trade mark.

    How do you react to the statement of the President that he is the most criticised when taken up on the state of the nation?

    I am happy that he knows that he is the most criticised but he also made a statement that before he leaves, he is going to be the most praised. We are looking forward to that. I think by next year, he would have spent about two years in office as the president. We are watching to see those things that he said he would do when elected president. Nigerians are expecting performance, not issues of authority. What is happening now is that most times, he makes decisions that are not in tandem with the people’s yearnings. He makes statements that are at varians with the promises he was making while campaigning for his election as the President. So, people would criticise when he does that especially in the issue of fight against corruption when he said he doesn’t give a damn if he doesn’t declare his assets. That statement is not in tandem with the posture of a man that says he wants to fight corruption. Openness and transparency is the hallmark of a man who wants to fight corruption. Now if you have something to hide and you want to fight corruption, then you cannot be successful in that fight. So, his utterances are one of the things that put him into trouble with Nigerians. Even his policies somersault, non-performance, slowness in action. There is no pronouncement he has made on any issue which he has carried to logical conclusion and most times in defence, instead of pursuing the real thing, he would be chasing shadows. Remember, when he first came in, the first statement he made was on the issue of elongation of tenure. That was the thing that engaged his attention. Whereas that was not what we elected him for. Then in January this year, remember he also removed subsidy which is contrary to the promise he made, even when the matter has not been reflected in the budget or debated by the National Assembly. So, many things that he does are the things that attracted the comments against him.

    If you are the President, what will you have done?

    If I have him, I would retrace my steps that I have taken which are making people angry because the bible says, “when the righteous is in power, the people rejoice”. So how come that he is in power and people are not rejoicing? People are very side, people are sighing. When his name is being mentioned, people get angry. He wasn’t that way in 2011 when he contested. Almost everybody loves him. Everybody was praising him. Now that he has won, it should be the time that people should be rejoicing but people are not happy with him because he is not doing what people expect him to do. So, let him change his ways. Let him begin to make the people feel that there is quality governance being giving to us as Nigerians. Once Nigerians begin to experience quality governance, people would now change their minds about him. So why people are criticising him is that they are not getting value for his leadership. The moment we begin to get value for his leadership, Nigerians will begin to praise him. I am hoping and I believe that what he said that ‘when he is leaving, he is going to be the most praised. Let us hope that when he leaves, Nigerians will begin to praise him.

    There is a renewed agitation by various ethnic nationalities for regional autonomy and because of the state of the nation. Please what is your take on this?

    When you say people are agitating, it is always as a result of not getting value in leadership and when they are not getting value in leadership, they must as human beings to think of what other ways do you think we can pursue in order to get happiness because the pursuit of every man is to be happy; to have good employment, enjoy the good things of life that God has given and then work and get paid for it. When you are not getting value, when you are not getting joy, when you are not getting happiness in the country where you are living because of inept and bad leadership, you now began to think of other ways you can adopt to begin to enjoy other things that you are being denied at this time by looking for, maybe, their own country or a change in leadership.or doing something that wopuld make those who are in the position of leadership to give you what you want. A lot of people are clamoring, look at the Bakasi people, the Ogonis are decalaring their own state or others because they are not getting what they are supposed to get in the polity. The polity is full of injustice, the policy does not guarantee their lives and their property. The polity does not give them employment, the polity degrade their environment, the polity does not in any way guarantee good roads for them. When they are sick, the polity does not guarantee them medical care. Whereas, their leaders go abroad for medical treatment, they go abroad for holidays to enjoy themselves. What I am saying is that agitations comes when people feel dissatisfied.

    How do you see the attempt by some state governors to create their own state police?

    I am in support of state police. But before they create state police, they should make the environment condusive. This because robbery, kidnapping and Boko Haram will not stop unless the economic conditions are such that people can pursue their economic interest unhindered, and get employment and three square meals in a day, live in a decent accommodation, have good roads, have good medical care, send their children to school with low amount of money. If these things are done, then those people that are criminals who refused to be properly socialised, then you now activate your legal system to take of them and they will be few. But when majority are sad and disgruntled or when majority are being meted with injustice, you have to employ almost everyone as a policeman to man the state. That is not too health. And so before we speak of the issue of state police which I am in support of, I want a situation where the economic condition of the country will be done in such a manner that everyone will be gainfully employed and the create happiness, create joy. Let there be statements from our leaders that will make the people happy. Economic policies, legal policies must be made for the people. Our leaders must always think about the people. Governance is about the people. The moment you take away the people and you bring economic and legal policies that are against the people, the people will always revolt. If you want to operate a real federal system, there is nothing wrong in having a state police because that is the way to go. Other countries have tried it and they have succeeded. The only way you can have an enduring security is for the people within that environment to be recruited into state police, funded by the people, employ people who knows the nooks and cranies and the criminals in the environment and pay them well so that they can fish them out. The problem we are having with the police in Nigeria is that thieves and robbers are being recruited.

    The president, instead of reinstating Justice Isa Ayo Salami, asked for another term, the 5th one, for the acting PCA. What is your reaction to this?

    This again is one of the reasons why President Jonathan is the most criticised because he does not do the right thing even when the law is very clear as to what he should do. He decided to listen to hi s political party members, he decided to listen to those who have held this country hostage and who did not mean well for this nation. It is a matter of regret that he doesn’t listen to Nigerians that voted him in. He doesn’t listen to those people he convinced that he doesn’t have any shoe that voted for him. So, as long as he does not listen to the people, as long as he does not obey the law, he would remain the most criticised. If he decides to reinstate Justice Salami, he would be on the side of history. But if he fails to do that, he would be in our history book as the man who claim to obey the rule of law but ended up doing the wrong thing because he is disobeying the law. He does not in any way respect the rule of law. It an albatross. Salami’s matter is an albatross on his neck. Until he does the right thing by reinstating him, not minding the cases he now mentioned are in court, those cases were there when he suspended him, so if he means well for Nigeria, he ought to reinstate him without looking at those cases that he is now pointing at. What is good for the geese is also good for the gizzard. You cannot approbates and reprobates at the same time. That is what the president is doing at this point in time. If he wants to be loved, if he wants to be respected as the President of Nigeria, let him do the right thing all the time. The best court is the peoples court. Nigerians have passed a verdict on President Jonathan as far as Justice Salami issue is concerned. Let him do the right thing, the moment he does the right thing and obeys the laws, Nigerians would respect him.

     

  • Whither NBA?

    Whither NBA?

    Weeks after his emergence as Nigerian Bar Association (NBA) President, Mr Okey Wali (SAN) has convened a Bar Leaders’ Summit on the association’s future. The summit came on the heels of some members’ agitation for reform and inproved welfare at the last NBA General Conference in Abuja. Legal Editor JOHN AUSTIN UNACHUKWU reports.

    The legal profession is facing monumental challenges. Often times, lawyers and judges are in the news for the wrong reasons, such as corruption and unethical practices. The executive is not spared. It is accused of manipulating the legal system for selfish reasons. President Goodluck Jonathan’s alleged refusal to recall suspended President of the Court of Appeal Justice Isa Ayo Salami is cited to buttress such claims.

    Lawyers believe that the legal practice should be strengthened by legislation to ensure that there is no encroachment or abuse by others.

    To find a way round these challenges, Nigerian Bar Association (NBA) President Okey Nwali went to work soon after being sworn in. The Bar Leaders Summit on the Future of the NBA, held last week in Abuja, was his first major assignment.

    After his inauguration as the 26th NBA President on August 31, Wali inaugurated the Bar Leaders Summit Committee, chaired by Chief Solomon Awomolo (SAN), to chart a course for the strategic development and reformation of the NBA for the benefit of lawyers.

    The committee started work immediately. Last weekend, at the Lagos/Osun Hall of Transcorp Hilton Hotel, Abuja, Bar leaders from the 36 states and the Federal Capital Territory gathered to brainstorm on how to restore the glory of the Bar and positively affect the lives of the average lawyer.

    Wali said the association has the historical duty to build a 21st Century Nigerian Lawyer for the 21st Century Nigeria.

    “We are worse for the alarming disconnect between the average Nigerian Lawyer and the social and legal challenges of our time,” he said.

    He added: “This state of affairs has robbed lawyers of the ability to participate in the affairs of the country, both as citizens and as professionals. Our earning capacity as lawyers and the learning environment for aspirants into the profession are far from optimal.

    “The painful truth is that the dynamism of the Bar falls short of the dynamism of our society.

    “The Bar is not able to perform its role in the society due to structural inadequacies. Professional growth has been stifled by a combination of inadequate training, harsh economic realities, poor regulatory environment, and poor institutions.

    “Our great forebearers in the profession did not have to contend with the challenging realities of the internet and globalisation. They lived and practised our profession before deregulation, economic and political reforms, fast-paced transactional environment, that we must live with in today’s Nigeria.”

    Nwali went on:“Our practice environment changes around us by the minute. The challenges that have confronted us as citizens and professionals are evolving rapidly.

    “If we are to approach anywhere close to the respect that our great professional forbearers commanded in their time, then we have to go the extra mile to renew our profession and build 21st Century Bar for the Nigeria of tomorrow. This is the burden we are carrying today, the burden of renewal.”

    The summit, he said, was, therefore, organised to chart a new course for the NBA. It had the theme: The Nigerian Bar Association, the past, present and the future.

    The reason for the summit, he said, was to bring together some eminent Bar leaders to appraise the Bar with a view to identifying gaps and articulating recommendations for reform.

    Wali said: “Burdened as we are as Bar leaders with charting the direction and role of the legal profession in Nigeria, we must query how well we are discharging our duties. Are we leading the profession in the right direction? Are we performing all the duties thrust upon us by history?

    “Should we redefine our role by increasing or decreasing our responsibilities? The NBA plays a tripartite regulatory role in the area of regulation, representation, and focus on public interest. At the heart of representative role is welfare of lawyers and delivery of Bar services to our members.

    “My vision is to develop and deliver new and existing Bar services, to manage the relationship of lawyers and key stakeholders, to generate new legal work for our members.

    “This will include insurance and welfare scheme and others. We are working on the establishment of co-operative societies, and even micro finance bank to be run by the NBA,” Nwali said.

    A discussion of the NBA’s future without some talk of succession planning, Wali said, was incomplete. “We must prepare the future leaders and members of the profession and its body.”

    According to him, many organisations spend most of their time reacting to unexpected changes, instead of anticipating and preparing for them. This, he said, is called crisis management.

    His words:“Organisations caught off guard may spend a great deal of time and energy playing catch up. They use up their energy coping with immediate problems with little energy left to anticipate and prepare for the next challenges.

    “It does not have to be that way. A sensible alternative is a well-tested process called strategic planning which provides a viable alternative to crisis management. Strategic planning looks at three to five years ahead.

    “It charts a definite course based on strong indicators of what the business environment will be like in those years.”

    Wali believes that besides personal satisfaction of taking charge of an organisation’s future, strategic planning offers, at least, five compelling reasons for its use.

    “It forces a look into the future and therefore provides an opportunity to influence the future, or assume a proactive posture. It provides better awareness of needs and of the facilities related issues and environment. It helps define the overall mission of the organisation and focuses on the objectives.

    “It provides a sense of direction, continuity, and effective staffing and leadership. It plugs everyone into the system and provides standards of accountability for people, programs, and allocated resources.

    “In view of the importance of strategic planning as stated above, my administration seeks to design a five year strategic plan that will define the present and the future. The envisaged strategic plan will contain issues, programs and policies for future NBA administrations. These will ensure continuity of programs and policies and smooth transition in the NBA.”

    In a paper entitled: Professional challenges of the Nigerian Bar Association in the 21st century, eminent lawyer Chief Afe Babalola (SAN) said the legal professional had always been the most respected and loved.

    Represented by Prof. Yemi Akinseye-George (SAN), Babalola said the role lawyers play place enormous burden on them.

    According to him, being “influential agents of change” requires more than mere rhetorics. It involves action, determination, doggedness, grave risk, diligence and, above all, consistency, as changing the status quo in any society, anywhere in history, has never been an easy task.

    According to him, change is often achieved at great cost, sometimes with human blood. But when the change is finally effected, (positive change of course), he said, the aroma of victory travels far and wide.

    Lawyers, by virtue of their calling, are looked upon by the larger society sometimes for rescue operation (figuratively speaking) especially when the society is in dire straits, he added.

    Babalola said: “If Nigeria and indeed the world community must succeed in making the transition from traditional to modem society, persons of proven integrity who are endowed with requisite skills and social conscience must initiate reforms and manage the legal systems.

    “Thus, the tasks of reformation and, by necessary implication, development call for lawyers who can effectively serve in the specialised roles of judges, government lawyer, law teacher, private practitioner and at the same time serve as guardians and therefore shapers of processes of law at sub-national (local), national and international levels for the good of all.

    “The role of lawyers, especially in the area of costs of legal development, cannot be overemphasised. This is more profound in developing nations of the world.

    “Often, the assumption has been all too frequent in both developed and developing countries and international organisations that legal systems and institutions can take care of themselves while investments in development can safely by-pass the legal sector.

    “Ours is a profession that is very unique in many respect. As I stated earlier, lawyers have a role in nation building. The credible discharge of this role is a topic that should concern all legal practitioners.

    “Therefore, it is my hope that summit of this nature will be a regular occurrence in the activities of the Nigerian Bar Association. We must as a body of professionals remain alive to our duties.”

    The Director-General, Nigerian Law School, Dr. Mamman Tahir identified the challenges facing the profession as environmental factors that may hinder ethics; transformation from Profession to Business; prevailing culture of impunity; declining opportunities in Legal Practice/Economy; distortions in reward/value system and ignorance of the rules of professional conduct.

    In his paper titled: The paramountcy of the welfare of the members of the Bar, need for versatility and job creation, the Director-General, Ethics and Corporate Compliance Institute, Jideani Chukwuemeka said legal practice is a professional business of formidable societal influence steeped in idealism, self-discipline, public spirit, economy and wisdom.

    His words: “Originally it was not enveloped in mercantilism of the Adam Smith persuasion. However, we are living in changing times and no institution, however gorgeous, should be impervious to change.

    “Consequently the profession must embrace change, form the training of the would-be lawyer, to the practice in the bar and the relationship between the various areas/spheres of practice, up onto the administration of justice and the Judiciary.”

    According to him, the legal education system should be modified a little bit to prepare law graduate for life in the modern market place.

    In addition to strengthening professional ethics, organisational and business ethics should be incorporated into the curriculum. This, he said, will equip them with proficiencies in such areas as “conflict of interest”; “enterprise risk management”; “Regulatory Compliance” among others.

    Chukwuemeka said: “Let the truth be told, no jurisdiction has ever been able to absorb all its trained lawyers in core legal practice.

    “Consequently it serves us better to equip practitioners (through capacity development programs) to secure opportunities in other areas for which legal training is an asset.”

    A Senior Advocate of Nigeria, Dr. Onyechi Ikpearu, in a paper entitled: Institutionalisation of cordial Bar and Bench relationship for professional development, said members of the bar and the bench are like Siamese twins.

    He said: “With the realisation that most lawyers and judges do not belong to other associations, it is rather obvious that the Bar and the Bench are not only married to the legal profession but are indeed fused as members of the same family.

    “With similar interest, objective and aspiration towards the preservation of the Rule of law, cordiality in the relationship is not only imperative, but necessarily healthy.”

    After the paper presentations, the meeting broke into working group. Former NBA Chief Wole Olanipekun (SAN), OCJ Okocha (SAN), Olisa Agbakoba (SAN), Joseph Bodunrin Daudu (SAN) and former Attorney-General of the Federation and Minister of Justice, Chief Bayo Ojo (SAN) took turns to chair the sessions. A communiqué will be issued later.

     

  • N5,000 note: NBA asks Jonathan to sack Sanusi

    N5,000 note: NBA asks Jonathan to sack Sanusi

    The Nigerian Bar Association (NBA) has asked President Goodluck Jonathan to sack the Central Bank of Nigeria Governor, Sanusi Lamido Sanusi. The association has also disclosed plan to convoke a Summit on Peace and Security in Nigeria to address the insecurity in the nation. NBA said it was embarrassed that the apex bank had not been able to offer any sensible answer to the fears raised by Nigerians over the plan to introduce N5, 000 note. Speaking on Thursday in Abuja, at the Summit on the future of the NBA with the theme “The Nigerian Bar Association: The Past, Present and the Future”, Its President, Okey Wali (SAN) expressed surprise that Sanusi could insult former President Olusegun Obasanjo for holding a contrary view. Amazed by the growing obsession for power under the president’s watch, the association charged him to initiate the process that will lead to removal of Sanusi. He said: “It may well be that the CBN has a case, but the problem is that they are not giving any sensible answer to the fears expressed by Nigerians, aside from such pedestrian reason as, it will make Nigerians to hold Naira instead of Dollar. “We are supposed to be in a democracy and since Nigerians have rejected the policy, even their elected representatives in the House of Representatives and the Senate on Tuesday 18th of September, 2012 condemned the plan. Rather than listen to Nigerians, the CBN is engrossed in distribution of insults and name calling to anybody who dared express a contrary view. To my utter consternation, I watched on National Television as an elder statesman and former President of this country was being called names and ridiculed for daring to hold a contrary view. That is a big shame. “Since all indices show that Nigerians do not want the N5,000 note, even if the leadership of the CBN is right, we believe that they are bound by the wishes of the people or they should take the honorable part of resignation, rather than exhibiting such unbridled high level of arrogance and rudeness.

  • NBA threatens to take over Yekini’s case

    NBA threatens to take over Yekini’s case

    After a long wait without pleasing results, the Nigeria Bar Association, Oyo State branch, has signified interest to wade into the investigations surrounding the death of late Super Eagles’ striker, Rashidi Yekini.

    The was revealed to newsmen in Ibadan yesterday by the Yekini’s Lawyer, Barrister Mohammed Olanrewaju Jibril who claimed he had been blocking his professional body (NBA) that had shown interest in taking over that case right from the onset.

    He explained that NBA has begun to inquire why nothing tangible has been done in exposing the true circumstances that surrounded the untimely death of the football hero.

    Jibril said the reason he had been preventing his body from dabbling into the case was that of the family of his client who are likely going to be the prime suspect in the case going by all the available facts generated so far.

    The Lawyer, however, explained that although the family had brought the death certificate of the deceased but he still alleged that, “the death certificate has not really clarified other important things like where was Rashidi Yekini between the Monday he was reportedly whisked away from his abode till the Friday he was rushed to the hospital where they claimed he died?

    “From my personal investigations after receiving the death certificate, the doctor who signed it insisted that he had not done anything serious as regards the medical check-up on Yekini before he died when he was rushed into his clinic.

    “I have been keeping quiet and hesitating on pressing charges on the family because I don’t want to be seen inflicting more pains on them after losing their son. But I won’t be able to stop any pressure group that may want to investigate the matter to a logical conclusion.

    “I have told them before now and I am using this medium again to appeal to Yekini’s family to come out openly and apologise to the whole Nigeria and the world at large over their attitude and on the mistake they made as regards the treatment meted on my client.

    “It is my belief that the family was misled by some misleading report they might have read in the newspapers concerning the sanity of my client. Rashidi was their son but he was my client too. He was a hero recognized worldwide, so he should not be treated like just a commoner,” Jibril explained.

  • ‘Why Nigerians must reject N5000 banknote’

    ‘Why Nigerians must reject N5000 banknote’

    Mr Steve Ononye is a former Assistant Financial Secretary of the Nigerian Bar  Association (NBA). He speaks on his expectations from the new NBA leadership, the proposed N5000 banknote and how to achieve speedier court process in the new legal year. Legal Editor JOHN AUSTIN UNACHUKWU met him.

    What are your expectations from the current leadership of the NBA?
    The NBA as you know is the umbrella that covers all the Lawyers in Nigeria and we hold same in utmost candor and respect. May I congratulate the new President of the NBA Okey Wali SAN and other members of the executive because it is without doubt that the Nigerian Lawyers in sincere recognition of their priceless contributions towards a better and more progressive NBA feels it honour-bound to elect them to various positions in the NBA Exco. I know without a flicker of doubt that the leadership of the NBA will in a humble, but forthright and honest manner steer the affairs of the NBA. I believe that as the President of NBA proceed to saddle the responsibility of the office, he will bring to bear his wealth of experience and impress the same in the discharge of this great and challenging national assignment.
    How best should NBA engage the government?
    I have confidence in the leadership of the NBA and it is indubitable that the entire members of the Bar that entrusted the leadership of the Bar on Okey Wali SAN are convinced enough about his ability and suitability to steer the leadership of the NBA. The NBA at this threshold will do well by engaging the government of Nigeria in a constructive dialogue on the meaning, scope and relevance of its rule of law. Without any doubt, the rule of law agenda of President Goodluck Jonathan requires clarification and sustained examination. The leadership of the Bar must therefore ensure that the rule of law agenda move beyond the realms of theory to concrete deliverables for the people of Nigeria. Achieving this requires sustained campaign around issues of respect for human rights, independence of the Judiciary and enhancing access to justice. All these and more I am confident that the leadership of the Bar is better equipped and competent enough to achieve.
    What role should it play as regards good governance?
    I trust the leadership of the Bar and believe the Bar will collectively and individually champion the case of democracy and good governance in our country especially this time we are facing a serious insecurity problem in the country. I pray that during the tenure of Okey Wali, SAN as the NBA President, the NBA will witness and achieve new and greater height.
    There is so much worry about the introduction of N5,000 notes. What is your view about this?
    The NBA has spoken its mind on this issue and I think that is my view and the view of other right thinking lawyers in the society.
    What is the view of the NBA in that respect?
    The NBA has resolved that the planned introduction of the N5,000.00 currency note is a shallow, poorly thought-out hare brained initiative by the Central Bank, which will devaluate the Naira, diminish the lives of Nigerians and push corruption and money laundering to new unimaginable heights. The argument of the Central Bank of Nigeria that this innovation will not promote inflation does not hold water. It will certainly promote inflation and devalue the Naira wholesale.
    How will this policy affect Nigerians?
    This measure I strongly believe will affect the lives of Nigerians in many ways. This plan by the CBN will rather distract Nigerians from the pressing national dilemma of insecurity and corruption. The problem we have in this country is not the introduction of N5,000 currency, one wonders how the introduction of five thousand Naira Note will help to put food on the tables of millions of Nigerians who cannot afford to feed themselves daily. It will rather worsen their condition. I don’t know what is wrong with Nigeria.
    New legal year has just started. What new improvements do you expect in our legal system?
    There is need to improve on some of our laws so that it will be in line with the current trends in the world.There is also need to harmonize all the High Court rules in Nigeria and may be to unify them to make the practice of law less cumbersome. There is need to improve on the caliber of persons being appointed as judges. For instance persons of integrity, who are knowledgeable in law. With particular reference to Anambra State where I practice, there is need to appoint more judges at the High Court of Anambra State. In our various courts in Anambra State we still experience congestion of cases. There is need to appoint more judges to help decongest the cases and improve the quality of judgment being delivered by the judges in the State. We have a serious problem in Anambra State with particular reference to Onitsha High Court where some Courts have over 20 cases to handle in a day. We need at least nothing less than 20 new Judges in Anambra State.
    You mean a judge has over 20 cases in a day to handle?
    This is no joke, Lawyers in Anambra State have a serious problem, if you are not a senior Advocate or a very senior Lawyer in the State especially in Onitsha High Court, you may spend the whole day in Court without achieving anything. I seriously urge the Anambra State Governor to play his own part to see that more Judges are appointed in Anambra State and he should take it seriously. I do not know why Governor Peter Obi of Anambra State believes that all is well with the Anambra State Judiciary. Something need to be done in that respect this new legal year.
    What office are you vying for in NBA Onitsha Branch, and what is your programme?
    Well, I am vying for the office of the Secretary of the Onitsha Branch of the NBA.  I have informed members of Onitsha Branch about my welfare package for members and I do not wish to say more. I believe I will serve the members of Onitsha Branch well because I have the experience.
  • ‘We will run an inclusive administration’

    ‘We will run an inclusive administration’

    Inaugural speech by Okey Wali (San) on assumption of office as President of the Nigerian Bar Association on August 31, 2012.

    It is most indecent for declarations and campaigns to be on, even before the inauguration of the recently elected National Officers. Let me warn, that I am a stickler for rules, and so will stick to the rules and expect all to stick to the rules. Nobody, I repeat, nobody, would be above the rules, and any breach will
    have appropriate consequences. Hear me and hear me well, you will be disqualified, if you get involved in any electioneering campaigns before
    the National Executive Committee of the National Bar Association officially  permits campaigns in 2014.
    It is a matter of discipline, and one of the focal points of this administration shall be a war against indiscipline.  We saw a lot of it during and after the elections and it must not be allowed to continue. The elections are over and we are now to turn to the very serious business of running the Nigerian Bar Association. As stated earlier, we will run an all inclusive administration, all hands must be on deck, so let us channel all energies towards tackling these myriad of problems confronting our association and ofcourse our country Nigeria.
    On behalf of the Nigerian Bar Association for whom by the special grace of God, I have today the 31st of August, 2012, become the official voice, I say a big thank you and congratulations to my worthy predecessor President Joseph Bodunrin Daudu, SAN, for a job very well done. You have shown leadership in the past two years, a strong, focused, fearless and determined leader. These are the hallmarks of a great leader, I give you the Nigerian Bar Association’s debt of gratitude, but you know we are not about to let you go, we will now, more than ever, continue to require your experience and services and I trust, that knowing you as I do, you will not walk away. We thank you, your wife and children. We appreciate the enormity of your sacrifice, particularly the search light on the family in the last two years that is part of the price for public service. May God almighty bless and reward you all.
    Let me pay particular tribute to past Presidents and Leaders who have continued to support the Nigerian Bar Association, we will be standing on your shoulders to move the Nigerian Bar Association forward. Besides your contributions at the National Executive Committee meetings, Annual General Conference and private advise, we will establish an Elders Forum, consisting of past Presidents, Past General Secretaries, past Chairmen of Body of Benchers and such other Elders to be nominated by the President of the Nigerian Bar Association. We no doubt have our ideas on the way forward, as encapsulated in my 10 point agenda, but they are subject to your modifications, and we shall commence with a Bar Leaders summit on the future of the Nigerian Bar
    Association, slated for September 20th at a venue to be communicated to the attendees. Attendance shall be strictly on invitation.
    I hereby set up the committee to organize the said summit
    1. Chief Solomon A. Awomolo SAN   — — Chairman
    2. Mr. Dele Adesina  SAN        ——— Member
    3. Mr. Donald C.  Denwigwe  SAN— Member
    4. Mr. Hassan Liman SAN         ———   Member
    5. Mrs Nella  Andem- Rabana  SAN— — Member
    6. Mr. Victor  Grant           ———— Member
    7. Mr. Ibrahim Eddy Mark   ……… Member
    8. Mr. Tony Azebi ……….. Member
    9. Mr. Adamu Turaki   ……. Member
    10. Mr. Lema S. Wali ……… Member
    11. Mrs. Linda Bala …….. Member
    12. Mr.  Andy Odum                 …….. Member
    13. Dr. Mrs. Ogugua Ikpeze —-—— Secretary
    The caliber of the membership of this committee should convey the importance we attached to this summit. We recognized the fact that quite a number of our colleagues have issues on the way they want the Bar to go, this will therefore be an opportunity for us to come together and deliberate on the future of the Nigerian Bar Association. This Association belongs to all of us.
    TEN CARDINAL POINT AGENDA
    My vision is to move the Nigerian Bar Association forward and my programme of action as encapsulated in my 10 Cardinal Point Agenda are as herein under listed.
    a) Branch Capacity Building
    b) Professionalizing the Secretariat
    c) Financial Responsibility
    d) Human Capacity Building
    e) Institutional Synergy with Regional and International Organizations, Bar Associations and Law Societies.
    f) Human Rights Programme
    g) Anti-Corruption Crusade
    h) Uplifting Professional Standards
    i) Criminal Justice System and Access to Justice
    j) Robust Legislative Advocacy
    In this there are three major tasks:-
    i) Welfare of our colleagues. The welfare of our colleagues shall be paramount. We will run a Bar that cares and is felt by its membership, whilst ensuring that the best traditions of the profession are maintained
    ii) A watch dog or Gate keeper for the Nigerian People, we shall definitely intervene  on any issues, if and when we believe that the ship of state is adrift
    iii) Justice sector reforms will be kept in the front burner.
     Let me quote a worthy successor, as a former secretary and former Chairman of Port Harcourt Branch of Nigerian Bar Association and currently Honourable Attorney General and Commissioner for Justice, Rivers State, Honourable Worgu Boms in his memo to the 26th President of the Nigerian Bar Association at page 31 in the Guardian of Friday, August 24th 2012.
    “Law practice needs to be better organized and more well structured than it is now. For instance, How many lawyers are in practice in Nigeria? What minimum standard should be approved for a place to be called a law firm or chambers?
    Why should it take equally Donkey years, as in litigation, to discipline a lawyer who has been reported to the Disciplinary Committee”
    For me these are some of the fundamental issues in our Justice sector and my 10 point cardinal agenda very clearly deals with those issues.
    The rot in the society is obviously sipping into the profession, but this must not be allowed to continue. We shall take deliberate and determined steps to stem the tide. More disciplinary Committees will be set up. A situation where lawyers with pending disciplinary matters are elevated, even up to taking silk and judicial appointments cannot be right and must stop. In addition to ensuring that disciplinary matters are heard and determined promptly and adequate punishment meted out, we will ensure more education on professional ethics. Besides continuing legal education for lawyers, we will take steps to ensure that professional ethics is taught as a core subject in the Universities, as a few months of teaching professional ethics at the Nigerian law school is obviously not enough education on professional ethics.
    We have seen that so many cases of professional misconduct are sometimes, out of ignorance. From dress code, professional confidentialities, fiduciary problems to outright lack of integrity. As a lawyer, your integrity must be your greatest asset, lose it or do not have it, and you have nothing and you are not worthy to be a member of this honourable and noble profession. We will be interfacing with the Federal Ministry of Education and the National Universities Commission on this all important issue. We must return to the best traditions of the Bar and like I said to my colleagues while seeking this office, if I achieve the return to the ethos of the Profession as President, I will walk away a fulfilled man at the end of my tenure as president of Nigerian Bar Association.  This is why I have repeatedly called this the focal point of my administration.
    Many branches suffer from chronic funding problems. The National Executive Committee of the Bar can start to address this problem by ensuring that all Branches receive a larger percentage of the practice fee remittance paid by the Supreme Court, based of course, on the percentage payments of their members. We shall ensure and enforce the requirements of the Rules of Professional conduct that every legal practitioner MUST be a member of a Branch and pay his practicing fees on or before the 31st of March. We shall encourage branches to notify us of members practicing in their areas of jurisdiction who are in default and we shall take necessary steps to prosecute them before the Disciplinary Committee. We shall persuade the leadership of the judiciary to refuse audience to practitioners who refuse to pay practice fees. The membership and other dues accruing to each of our Branches in the Federation resulting from this policy shall no doubt strengthen the branches.
    A lot of human rights programmes will be designed to complement existing programmes, while strategic impact litigation will be encouraged. There will also be more emphasis on undertaking of pro bono cases and lawyers will be issued certificates of participation in pro bono cases and due recognition and award for such enterprise shall be proposed to Nigerian Bar Association- National Executive Committee.
    The evil effects of corruption on the national economy and by extension, the welfare and happiness of peoples of Nigeria, are well known. No efforts would therefore be spared in the quest to win the formidable battle against this monster. The framework for our Anti-Corruption Programme on the national scale would include but not limited to the following focal points, promoting the independence and institutional efficiency of anti-corruption institutions, promoting constitutionalism and the rule of law in the fight against corruption, professional ethics and code of conduct for lawyers, anti-corruption advocacy and Monitoring and impact Assessment.
    A strong Bar can only thrive in a strong country, so we will pay adequate attention to, how our country Nigeria is being managed or mismanaged. There is no disputing the fact that this country is too endowed with human and material resources to be where it is, and so all arms of Government, by that I mean, the Executive, the Legislature and the Judiciary must be alive to their responsibilities and need to very urgently get their acts right. The Bar under my watch, shall be alive to its responsibility to the people of this great nation as a watch dog, and defender of the rights and interests of the citizens.
    There is too much insecurity and abject poverty in the land, and this is totally unacceptable to us. Security of life and property is the most fundamental responsibility of Government and so this is the least we expect from any Government and so Government cannot continue to look helpless, on this all important issue. That said, let me very quickly add that this country belongs to all of us and so everybody, the Bar inclusive, must contribute its quota in identifying problems and ensuring that they are solved. The Nigerian Bar Association under my watch, will not only be fault finding, we will also be solutions finding. We will therefore on a date and venue to be determined, hold a Nigerian Bar Association summit on the state of security/insecurity in our country, stakeholders within and outside the Bar, will be part of this all important summit on the security challenges facing our dear country, for we are all involved. Similar summits will be held on other typical challenges facing our country Nigeria.
    I hereby set up a committee to organize Nigerian Bar Association summit on peace and security in Nigeria as follows:
    1. Mr. Okey Amaechi SAN —— Chairman
    2. Mr. Jubril S. Okutekpa  SAN — Member
    3. Mr. D. D  Azura   ———     Member
    4. Mr. Uche Awa ————   Member
    5. Mr. Taiwo Taiwo ——— Member
    6. Mr. Ebitu Akpedia —— Member
    7. Mr Oladotu Babatunde ———— Member
    8. Mr. Usman  Shehu …….. Member
    9. Mrs Nkoye Amah   ———— Member
    10. Mrs. Nnenna  Uko ———— Member
    11. Mr. Chinwe Aguma ——— Member
    12. Mrs. Tessy Eghe-Abe …….. Member
    13. Miss Fatima Hassan         ———-         Secretary
    My experience as the Alternate Chairman of the Legislative Advocacy working Group of the Nigerian Bar Association, showed that the National Assembly needs the assistance of the Nigerian Bar Association in carrying out its functions, and they have infact, said so on our visits to the  National Assembly. We will do just that. The National Assembly is the hallmark of democracy, its not only about, justice sector bills, its about making of good laws according to international best standards, and also understanding their functions as a check on the executive arm of Government. We will urgently ensure the furnishing of the office space graciously provided by the National Assembly for the Nigerian Bar Association, at the National Assembly Complex and staff same for ease of interaction and working with them. We will constitute a large and strong Legislative Advocacy Working Group when we constitute committees in November but because of the on going review 1999 Constitution of Federal Republic of Nigeria for which I have an invitation to attend a retreat as the president of the Nigerian Bar Association on the 6th of September, 2012 and considering the leading role the Nigerian Bar Association is expected to play in the said exercise, I hereby constitution review as follows:
    1. Mr. Olisa Agbakogba SAN ——— Chairman
    2. Mr. Joe Agi SAN ………. Member
    3. Mr. Femi Falana   ……. Member
    4. Mr. Festus Okoye ……. Member
    5. Dr. Garuba Tetengi …… Member
    6. Dr. M. A Abukakar   …….. Member
    7. Mr. Eze Onyekure     ……… Member
    8. Mr Innocent Chukwu   …….. Member
    9. Mrs. Hauwa Shekarua …… Member
    10. Mr. Joseph Otteh …… Member
    11. Mrs Usaina Adamu Aliyu …..   Member
    12. Mr Seun Abimbola ——
    Secretary
    THE JUDICIARY
    The judiciary like they say, is the last hope of the common man. Our task shall include ensuring that the judiciary is well funded, the constitutional provision that the judiciary should be independent and self accounting, is unfortunately observed more in the breach. This cannot be right and must stop. We will take most seriously, the responsibility of the Bar to speak for the Bench.
    A lot has been said about corruption in the judiciary, for me, I hold the view that the judiciary in this country, in the main, is populated by men and women of high integrity, though a few bad eggs have successfully tainted very badly the image of the judiciary. We will not be involved in class condemnation. My challenge to my colleagues is that we know the bench more than any other segment of the society, stop grumbling my noble colleagues, identify corrupt members of the judiciary and be bold enough to report such cases to the Nigerian Bar Association, in addition to the National Judiciary Council and anti corruption agencies. My undertaking is that we will ensure that such corrupt officers are shown the way out. They are a very potent threat to the survival of this profession and so we must delete them before they delete our profession
    Let me seize this opportunity to reiterate the Nigerian Bar Association’s long standing demand, that we become a part of the filtering process of the appointment of judicial officers, either from the Bar or from the Magistracy. We know our colleagues better, this is no ego tripping, it is about ensuring that the best amongst us get on the bench, rather than do this, what we get is some rule of the National Judicial Council that excludes members of the Bar on the National Judicial Council from participating on such issues. As is the practice in other jurisdictions, we will insist that the list of prospective appointees to the bench be sent to the Nigerian Bar Association for our input.
    We shall seek the co-operation of the judiciary towards the establishment of a Bar/Bench forum, at the National and State levels, so that as a family we will address issues affecting our dear family, the legal profession.
    VACANCIES IN THE EXECUTIVE
    During the last elections, no officers were returned for the offices of the National financial Secretary and Assistant National financial Secretary and it is the practices that these vacant offices will be filled by the National Executives Committee meeting in November 2012, the past country vice president of Fida, our own Mrs Stella Ugboma, at the President’s dinner last Monday evening had requested me to ensure that both slots be reserved for ladies. My dear past Chairperson of the Nigerian Bar Association Women Forum, you spoke my mind, as I had already informed members of my Cabinet at our elected officers meeting, that I will be advising the National Executive Committee to cede those officers to ladies. I hope that the ladies add more grease to their elbows next time, because I know that there are many competent and active Barmen amongst the ladies, infact working with fida in the past, I know that, that is a production line for seasoned administrators.
    APPLICATIONS FOR HOSTING RIGHT FOR CONFERENCE AND NATIONAL EXECUTIVE COMMITTEE MEETINGS
    Let me call for applications from our branches of the Nigerian Bar Association for the hosting of meetings of the National Executive Committee of the Nigerian Bar Association for the tenure of this Administration and for the hosting of the 53rd Annual General Conference in August 2013. From my experience in running the 2011 Annual General Conference in Port Harcourt, I am acutely aware of the importance of starting early, so I intend to set up the conference planning committee and resolve the issue of the venue for the 2013 Annual General Conference at our first National Executive Committee meeting in November
    CONCLUSION
    It is believed that the passionate will to accomplish a dream is 50 percent ingredient towards its realization, with clear vision and ability to persevere in the face of odds and frustration, claims the remaining half. I, being naturally a man of consummate willpower, undimmed vision and unflagging tenacity, I am well poised to give all it takes, in order to realize the above-stated great goals of repositioning the Bar and reforming the administration of justice in general. My desire is to leave the Nigerian Bar Association much better than I met it and God willing, we will.
    I appreciate your attention.
    Thank You and God bless us all.
    Long Live the Nigerian Bar Association.
    Long Live the Federal Republic of Nigeria.
    OKEY WALI, SAN
    PRESIDENT NIGERIAN BAR ASSOCIATION
    31ST OF AUGUST 2012

  • Agenda for NBA exco

    •The high principles of the rule of law and humanity must inform its leadership
    The biennial election of the Nigerian Bar Association (NBA) ended on a high note with an annual convention in Abuja. Mr. Okechukwu Wali (SAN), who won the election, was sworn in as President of the association, with members of his new executive. The immediate past President, Mr. Joseph Daudu, was optimistic that the new leadership would continue to advance the paramount interest of the country; and as part of his last function as the chief spokesman of the NBA, he stated the position of the Bar on some critical national issues.
    We support the need for a continuous intervention of the Bar on critical issues of national development. The new leadership of the NBA no doubt must be aware that without the wellbeing of Nigeria, there will be no bar association. As such, the Bar must always make sure that it weighs in on the side of the people at all times. Interestingly, the need for a fundamental amendment of the constitution is on the front burner of national discourse. Among the critical questions confronting the country are fiscal federalism, revenue allocation formula, corruption, state police, state creation, restructuring of the federation, resource ownership, redenomination of the Naira, among others.
    In his final address, Mr. Dauda on behalf of the Bar supported the creation of state police, and denounced the proposed redenomination of the Naira and creation of a new N5,000 note, among other resolutions. The last Bar leadership had always taken positions on other national issues. While some may disagree with some of their stand, such regular intervention is helpful. The new leadership must continue in that respect. It should work hard to send its resolutions on constitution amendment to the National Assembly, clearly expressing its position on critical issues of national importance after a robust debate among its members.
    One critical issue for the survival of the country, which is also inevitable for the survival of the association, is the promotion of rule of law. For the business of Nigerian lawyers to thrive, governments must not show mere lip service to the rule of law. The Bar must therefore rise always to fight for it. One sore point staring the country in the face is the matter of the illegally suspended President of the Court of Appeal. The refusal by President Goodluck Jonathan to recall Justice Ayo Salami to his post despite the position of the National Judicial Council (heading another arm of government), must continuously be condemned by the Bar.
    In our view, the Bar must also fight for the restructuring of the country, in such a way to restore the ethics of work. Except for beneficiaries of the current crisis, there is little doubt that the country needs to be put on the path of sustainable growth. We hope members of the legal profession will direct their intellectual energy to study why and how Nigeria turned a ‘rent economy’ and one of the most corrupt countries in the world. Despite the huge economic resources from the exploration of oil, the Bar should seek to understand why Nigeria’s poverty index is also one of the highest in the world. We believe that understanding this web of poverty in the midst of wealth will help the association to make an informed contribution to the country’s growth.
    It is good that the association has set up machinery for internal reformation. At the last conference and even the ones before, many of the association’s members have always complained about the electoral process and welfare of members. Also, members of the public have raised concerns over professional conducts of some lawyers. We hope the new leadership will take steps to critically examine these issues and offer sustainable changes in the overall interest of her members and the society.