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Tag: Nigerian Bar Association (NBA)

  • NBA Yenagoa writes CP over suspect’s death in custody

    NBA Yenagoa writes CP over suspect’s death in custody

    The Nigerian Bar Association (NBA), Yenagoa Branch, has petitioned the Commissioner of Police, Bayelsa State Command, over the death of a suspect, one Joseph Zolo, in the custody of the Puff Adder Unit as well as the intimidation and violations of the deceased family.

    In a petition to the CP, Francis Idu, and copied to the Inspector-General of Police, signed by the Chairman, NBA, Yenagoa Branch, Somina Johnbull, and Chairman, Human Rights Committee, NBA Yenagoa Branch, Lugard Tare-Otu, the group complained about incidents at the Unit led by Chief Superintendent of Police, Christian Nwaogbo.

    According to the petition: “On Wednesday, January 8, 2025, Mr. Joseph Zolo (now deceased) and two others were apprehended by the Safer Highways Unit of the Bayelsa State Police Command for allegedly possessing marijuana.

    “They were subsequently handed over to CSP Christian Nwaogbo and his officers at the Puff Adder Unit, where Mr. Zolo was unlawfully detained from January 8 to January 12, 2025, without charge, trial, or the possibility of bail, despite repeated attempts by his family to secure his release.

    “Tragically, on January 12, 2025, Mr. Zolo died in police custody, reportedly as a result of torture that exacerbated his pre-existing health conditions.

    “On the following day, the youth council leader of Biogbolo Community, accompanied by two relatives of the deceased and their lawyer, Mr. Bodiswowei Oyomowie, visited the Puff Adder Division to inquire about Mr. Zolo’s death.

    “Instead of receiving a reasonable response, they were met with hostility. CSP Nwaogbo and his officers not only refused to answer their inquiries but also seized their phones, locked the gates, and forced them to sit on the floor.

    “To escalate the situation further, the officers fired sporadically into the air, creating a life-threatening and highly traumatic environment for those present.”

    The petition said the actions of the officers of the Puff Adder constituted gross misconduct, abuse of power, and a direct violation of the fundamental rights of Mr. Fred Bodiswowei Oyomowie, the family members of the deceased, and others present at the station.

    He said those individuals were subjected to verbal threats and harassment, causing them severe trauma and a genuine fear for their safety.

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    It stated: “It was only after the intervention of the Bayelsa State Government that those individuals were eventually released. “To make matters worse, it was later discovered that the body of the deceased was unilaterally deposited in a mortuary by CSP Nwaogbo and his officers, without any consultation with the family or proper legal procedures.

    “These events are part of a troubling pattern of human rights violations at the Puff Adder Division, which has become notorious.

    “Such actions tarnish the reputation of the Bayelsa State Police Command and represent a flagrant abuse of authority and a gross breach of citizens’ rights.”

    The NBA leaders, therefore, besought the good offices of the CP to investigate the death of  Zolo.

    They also urged the CP to probe the conduct of Nwaogbo and his men on the matter.

    Also, they demanded that if indicted, the police officers involved should be sanctioned.

    The leadership equally urged the police authorities to restore public confidence by addressing the culture of impunity in the Unit.

    “NBA Yenagoa Branch remains committed to the protection of human rights and the pursuit of justice for citizens.

    “We are prepared to assist your office in ensuring that justice is served in this matter,” the petition said.

  • Bayelsa: NBA writes police, protests member’s alleged harassment

    Bayelsa: NBA writes police, protests member’s alleged harassment

    • Demands probe of suspect’s death in detention

    The Nigerian Bar Association (NBA), Yenagoa Branch, has sent a protest letter to the Commissioner of Police (CP), Bayelsa State Command, Mr. Francis Idu, over the alleged harassment, molestation and intimidation of a lawyer, Mr. Bodiswowei Oyomowie, by officers of the Puff Adder Unit of the Command.

    The ordeals of Oyomowie, counsel for the family of a suspect, one Joseph Zolo, who died in the custody of the Puff Adder Unit, began when he reportedly accompanied the youth council leader of Biogbolo Community, two relatives of the deceased to inquire about the circumstances surrounding Zolo’s death in custody.

    In a petition to the Bayelsa State Commissioner of Police, Francis Idu, and copied to the Inspector General of Police, the NBA complained about a series of concerning and alarming incidents at the Puff Adder Unit of the command.

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    The petition signed by the Chairman, NBA, Yenagoa Branch, Barrister Somina Johnbull, and the Chairman, Human Rights Committee, NBA Yenagoa Branch, Lugard Tare-Otu, Esq., said the incidents represented a growing pattern of human rights violations and abuses perpetrated by officers at the division.

    The lawyers’ body said the situation demanded urgent attention and intervention to uphold the dignity and rights of the people of Bayelsa State.

    The petition stated: “On Wednesday, January 8, 2025, Mr. Joseph Zolo (now deceased) and two others were apprehended by the Safer Highways Unit of the Bayelsa State Police Command for alleged possession of marijuana.

  • NBA hails Dangote on petrol, diesel prices

    NBA hails Dangote on petrol, diesel prices

    Nigerian Bar Association (NBA) in Epe, has lauded management of Dangote Refinery for its decision to reduce petrol and diesel prices.

    It described the move as a relief for Nigerians.

    In a statement signed by its Chairman, Dr. S.O. Jimoh, the branch—which oversees Epe and Ibeju-Lekki areas, where Dangote Refinery is situated—acknowledged the refinery’s dual role as a private enterprise and a driver of national development.

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    Jimoh said while the refinery aims to generate returns for shareholders, its influence extends beyond profits, as its products are essential to daily life, economic stability and the nation’s industrial value chains.

    He noted that the price reductions were a commendable demonstration of corporate social responsibility (CSR) and empathy for the economic difficulties many Nigerians faced.

    He lauded the President, Dangote Group, Alhaji Aliko Dangote, for his proactive leadership, calling the initiative a testament to his commitment to balancing business success with societal welfare.

  • CJN on judicial independence

    THE Chief Justice of Nigeria (CJN), Ibrahim Tanko Muhammad, was emphatic during the 2019 Annual General Meeting of the Nigerian Bar Association (NBA) that judges bowed before no one in deciding cases. However, it is not clear exactly what he meant, considering that almost in the same breath he groaned at the paradox of state governments refusing to respect the financial autonomy of the judiciary in their states. “Let me assure this assembly,” he asserted,  “we don’t look at anybody’s face or feelings before taking our decisions. If there is any deity to be feared, that deity is the Almighty God. We will never be subservient to anybody, no matter how highly placed.” But on the other hand, he complained, “If you say that I am independent, but in a way whether I like it or not, I have to go and bend down, asking (for funds) I have lost my independence.”

    Even if the contradictions in the CJN’s observations were resolved, few Nigerians really believe that the Nigerian judiciary could be described as truly independent. They know by experience, contrary to the CJN’s optimism, that neither the federal nor state governments are as keen to let the judiciary be free as they routinely proclaim. But the assault on the judiciary is not only from the states. Consider for instance the emergence of Justice Muhammad himself, a product of the ingenious psychological and sub-legal war waged against the judiciary by the federal government. Regardless of the culpability of the former CJN, Walter Onnoghen, who was accused of unexplained wealth and other financial malfeasances, none of the constitutional provisions for his removal was followed. Railroaded through a court not envisaged by the constitution for his removal, he was suspended, then tried, and just when the case looked like becoming entangled in a legal logjam and thicket, he was cajoled into resigning.

    A number of states have mistreated the judiciary, castrated judges, and subordinated chief judges to political encumbrances so burdensome that some judicial officers have been frustrated into involuntary resignations. The situation is so bad in some states that it has become a rarity to find a few bold judges who can call their souls their own. Justice Muhammad was, therefore, guilty of generalisation when he declared at the NBA conference that judges did not look at anybody’s face or feelings before taking decisions. The statement is generally untrue, but only true in some particular cases. The CJN was, however, more accurate when he suggested that without financial autonomy the judiciary could not be independent.

    No meaningful progress can be made without Nigeria’s judicial leadership acknowledging the bondage in which political authorities have driven them. There are of course a number of cases where judgement was entered against the federal government and the decision stood. But other cases exist, such as the Fed Gov V. Sambo Dasuki, and Fed Govt V. Ibraheem El-Zakzaky, where the government demonstrated adamantine resolve to openly and unrepentantly defy the courts. That sort of defiance has not only been sustained in recent years, the government often cleverly muddies the waters by initiating fresh trials based on new charges in order to obfuscate or even scuttle old and untenable charges.

    The judiciary in Nigeria is not quite free, especially in some cases where the government has interest. Some of the fetters might have been self-inflicted, a consequence of abominable corruption in the temple of justice, but others have been deployed by the government, an indication of their shallow understanding of the role of the judiciary in a democracy. To reverse the situation, the government must promote and defend the financial autonomy granted the judiciary, inspire reforms in the judiciary in accordance with the law, and fight graft and other forms of crookedness in the judiciary sensibly and lawfully. With high political stakes, however, this type of altruism may not be readily found.

  • NBA tackles quacks, ‘charge and bail’ lawyers

    Efforts by the Nigerian Bar Association (NBA) to remove charlatans and incidents of ‘charge and bail’ lawyers within its ranks received a boost last week when the five branches of the association in Ogun State met and passed a resolution to that effect.

    The five branches agreed to address the malaise of touting and prevailing quackery practices at magistrate courts in the state. This came after a “thorough debate” at a meeting convened by the head of Ogun State judiciary on August 20, 2019.

    Chairman of the Abeokuta Branch, Emmanuel Olu-Alade, in a statement, said: “Lawyers are now advised to lodge written complaints of extortions and unfair practices by court officials to the Chief Judge directly, the Chief Registrar or through their branch officers. Payment of money for typing of verification affidavit has now been abolished as it is no longer the responsibility of lawyers or their client to assist court officials in the performance of their duties in respect of perfection of bail application.

    “Verification sum of N2,000 only will be paid where the court official will carry out his assignment through public transportation and where counsel or his client is ready to provide means of transportation, then no money is required and/or expected to be paid. Lawyers or their clients are now at liberty to hire photographer of their choice for verification exercise or any other assignment where the court requires photographs.

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    “Inordinate delay by court officials in the presentation of bail bonds to Magistrates or their duties should be promptly reported. Lawyers are no longer allowed to convert and/or turn the court premises into their Chambers or consulting room.

    “Lawyers’ clerks are no longer permitted to loiter around or hang around court premises while anyone in possession of lawyers’ bail bond or in an unauthorised or undignified manner while acting for a legal practitioner shall be dealt with accordingly. The search light shall be beamed on our colleagues who collaborate with Law enforcement officers for referrals. The above will be implemented in Abeokuta immediately while the Branch Code of Conduct Task Force is ordered and authorised to see that all these resolutions are complied with and without delay. The Branch disciplinary committee should brace up.

    “Already, we have penciled down the names of some of our colleagues and their clerks, who will serve as examples for others.”

  • Kwara courts in bad shape, says NBA

    The Ilorin Branch of Nigerian Bar Association (NBA) on Monday painted a sordid and decrepit picture of the courtrooms in Kwara State.

    It also lamented the dearth of courtrooms and offices in the state judiciary.

    Its chairman, Mohammed Akande, told reporters in Ilorin, the state capital, on the sideline of 2019 biennial law week.

    Theme of the law week is “Advancing socio-economic fortunes through effective administration of criminal justice in Nigeria”.

    Akande said the state judiciary and investigative and prosecuting agencies need holistic funding.

    He said: “When you talk about the implementation of the law you have to look at some things that are very important. Of course, look at the position of our courts in the state. The courts are in bad shape. Even if a law is very effective and there is no place for magistrates and judges to sit, it cannot work.

    “In Kwara State, we still have like four or five magistrates sharing a courtroom. So, judicial time/productive hours are being wasted. The Ministry of Justice needs a better accommodation. Today, you see between seven and eight lawyers sharing an office. “

  • Lawyers, others advocate ‘strict compliance’ with rule of law

    The Owerri, Imo State Branch of the Nigerian Bar Association (NBA) has held its Law Week, with speakers noting that democracy will be endangered without strict compliance with the rule of law. Legal Editor JOHN AUSTIN UNACHUKWU reports.

    For democracy to thrive, institutions of government must abide by the rule of law.

    This was the position of speakers at the at the 2019 Annual Law Week of the Nigerian Bar Association (NBA) Owerri branch.

    It held at the RockView Hotel Owerri, with the theme: Democracy and the rule of law in Nigeria.

    The keynote speaker, Catholic Bishop of Bauchi Diocess , Dr. Hilary Dachelem, said the rule of law is crucial to democracy.

    He referred to a United Nations Declaration adopted on September 24, 2012, which says: “Human rights, the rule of law and democracy are interlinked and mutually reinforcing and that they belong to the universal and indivisible core values and principles of the UN.”

    According to him, while the rule of law is fundamental in advancing democracy, emphasis must be on protection of rights and advancement of inclusiveness within the broader discourse on human development.

    “There is no doubt that the rule of law is unambiguously enshrined in the Nigerian Constitution. The only surprising thing to any competent individual is the blatant disrespect shown to this constitutional provision by Nigerian rulers who had openly sworn to uphold it

    “Rule of law is opposed to authoritarian or despotic juntas which have zero tolerance for upholding the constitution.

    “In military rule, as we saw during the various juntas in Nigeria, civil liberties which often conflict with the will of the dictator are denied. What is more, people are ruled by decrees and force,” Dachelem said.

    Rule of law  is supreme,says bishop

    The Bishop said in constitutional democracies, the rule of law is supreme.

    “The majority will have their way while the minority their say. This is the beauty of the rule of law.

    “Everyone is equal before the law and everything is done according to the law. This means that both those who govern and the governed justify their actions in law,” he said.

    Dachelem identified the essential properties of the rule of law to include supremacy of the law, equality before the law, and protection of individual rights

    He identified the major challenges as high level of corruption in government, lack of clear separation of powers, societal class and their interests, broken justice system, tribalism, insecurity and insurgencies and poverty and ignorance:

    “All stakeholders ought to ensure the nexus between democracy, human rights and the rule of law.

    “This will no doubt bring about domestic accountability within democratic ownership frameworks.

    “Suffice to say that both democracy and rule of law are indispensable dimensions of the next generation of Millennium Development Goals/Sustainable Development Goals.

    “Indeed, in ideal democracies, human rights, goals and the rule of law are drivers of integral development

    “To save Nigeria, we must rely on capable hands, popular movements for democracy and the rule of law.

    “The time starts now and Nigerians are looking up to esteemed members of the Bar and the Bench to begin the revolution,” Dachelem stated

    What is rule of law to a layman?

    Chancellor and proprietor of Gregory University, Uturu, Prof Gregory Ibe gave a presentation entitled: Rule of law in Nigeria: the layman’s perspective.

    To him, human rights include economic rights.

    “The layman does not understand the right to vote when he is  hungry and shown that his vote could be bought.

    “He does not understand the right to life if he cannot find employment; human right, generally is meaningless to him if he is an illiterate person.

    “The layman is a practical being and wants to see his aspirations met.

    “He wants food on his table; he wants to be fairly treated and he is ready to contribute to the society,” Ibe said.

    ‘Imo committed to rule of law’

    Imo State Attorney-General and Commissioner for Justice  Mr. Ndukwe Nnawuchi (SAN), said he accepted to serve because Governor Emeka Ihedioha’s commitment to rule of law.

    According to him, he advised that the state’s law officers unjustly sacked by the past administration be recalled.

    He said part of the rebuilding process is to be rule of law compliant.

    Nnawuchi said the state has asked anybody who has a judgment against the state to come forward for a discussion.

    The commissioner restated the state’s commitment to repositioning the Judiciary.

    “The administration of Rt. Hon Ihedioha will return Imo State to its lost glory,” Nnawuchi said.

    When was rule of law was absent

    NBA Owerri Branch, Mr. Damian Nosike, said: “In a state where the rule of law has been raped silly, derided, and scorned by the head of the executive arm of government, democracy and the rule of law can never be discussed adnauseam.

    “Rule of law is as important to our democracy as lactation is to new born baby.

    “What this new born baby has witnessed in the last eight years in Imo State is a premature weaning and starvation which has consequently stunted its growth and development.

    “But its future now looks bright with the emergence of a more responsible lactating mother.”

    Prof:judiciary must have integrity

    In a chat with The Nation, Prof.  R. Achara of the Faculty of Law, University of Nigeria (UNN), said while other arms of government have power and financial control as the basis of their powers, the judiciary has integrity as a basis for its authority and power.

    He said: “The judiciary is a peculiar arm of government and this has been in place since the time of James Madison, when they were writing the Federalist papers over two and half centuries ago in the USA.

    “Prof.  Alexander Bickel  expounded that people should realise that of the three arms of government, the executive wields the sword, the force of the state, the legislature has the purse strings because they are the ones who determine whether money will be released or not.

    “But that the Judiciary has neither sword nor the purse but how does it stand where there is a contest?

    “What the judiciary has is reason and integrity, though they didn’t expressly mentioned integrity but it is implied in it.

    “My submission is that there is something that is unique. If you do a study of the judges we had in the throes of absolute government, when the military were in government there were no pretense of following any democratic process.

    “The military were in charge yet there was a lot of respect for our judges.

    “There were a few occasions where things went awry, but by and large, you would see the kind of respect those judges had.”

    How to redeem Judiciary’s image

    Achara wondered why judges were highly respected during military regimes and less so in a democracy.

    “My view is that perhaps, we as lawyers either on the Bench or at the  Bar, must reconsider our personal  integrity, our appearance of neutrality, our self-sacrificial behaviour in terms of the application of law to be able to gain the buy-in of the populace.

    “It is the populace that props up the judiciary because they don’t have any other thing other than trust.

    So, if we  had judges like Justice Kayode Esho, Justice Chukwudifu Oputa, Justice  Andrews Otutu Obaseki, even in recent times, we have  judges like Justice George Oguntade, we had a lot of such Judges and Justices in the judiciary who were exemplary in their conduct and judgments.

    “I don’t want to mention the names of current judges who are living up to expectation because it will be invidious for me to talk about them whether in good terms or bad terms.

    “There are currently good judges and they are the victims of the few bad ones and it is the bad ones that undermine the respect that is due to us as a family of lawyers and judges.

    “When they do wrong, they make us  to lose the respect that is due to us and this makes the public  treat us with disdain. It affects the populace we are trying to protect,” Achara said.

    Case  for constitutionalism

    Appraising the law week, Prof. O. E. Nwaegbo said: “The law week has been well planned, well executed. From theme, it could be concluded that Nigeria is not getting it right and we have shown that the rule of law and democracy  are intertwined; you cannot extricate them, one is important for the other one to thrive.

    “And if you don’t have democracy, you cannot have the rule of law and if you have the rule of law, then democracy can endure.

    “You need the two, but unfortunately in this country, corruption, tribalism, neo-patrimonism are factors that militate against the upholding of the principles of democracy.

    “Constitutionalism in this country has been thrown overboard and we need to wake up and ensure that the rule of law prevails because where you don’t have the rule of law, you cannot have democracy.

    “You cannot have peace and where you don’t have peace you cannot have progress. We need to revive our respect for the rule of law; we need to abide by the tenets of democracy and the elements of the rule of law.

    “For us to do that, the lawyers – the Bench and Bar – must take the initiative to make sure that the principles are upheld and not only that, the society as a whole must also make sure that the rule of law prevails in our society.

    “This should not be left for the Bar and Bench alone, the entire society must be involved, the Civil Society, the media must all engage because if the society is bad, every part of the society is bad.

    “So, the three main organs of government have a responsibility to ensure that they uphold the rule of law.

    “It is not only the judicial organ, but the legislature must operate on the basis of the rule of law and the executive must allow other arm of government to play their role.

    “So, it is obvious from the discussions that the executive is the main culprit in violating the principles of the rule of law.

    “We have a responsibility as members of the Bar and Bench to impress it on the society that the executive should allow other arms of government to carry out their duties,” Nwaegbo stated.

    The law week Committee Chairman, Dr. Livy Uzoukwu,SAN, praised participants for finding time to be part of the week. He lauded his Vice-Chairman, Mr. Soronnadi Njoku, for standing in for him while he was busy at the Presidential election petition TRIBUNAL

    Present were NBA First Vice –President Stanly Chidozie Imo, who represented the NBA President; NBA Financial Secretary Emeka Anosike, Justice Nonye Okoronkwo of the Court of Appeal, Chief Judge of Imo State, Justice Pascal O. Nnadi and Ag. Chief Judge of Anambra State, Justice Ijem Onwuamaegbu.

    Others are Justice E. F. Njemanze, Chief C.C. Onyeagbako, Justice Florence Duroha-Igwe, Justice Njaka  I.M, L.M. Alozie ( SAN), Justice Chioma Nwosu-Iheme of the Court of Appeal, Dr. C.K Okorie, Prof.Philip Ogbonna, Prof.  Nnamdi Obiaraeri, JTU Nnodum (SAN), F. A. Onuzuluike, among others.

  • Alleged N20m fraud: Court grants ex-Ikeja NBA chiefs bail

    An Ikeja Special Offences Court on Thursday granted bail to three former executives of the Ikeja branch of the Nigerian Bar Association (NBA) accused of defrauding the association of N20.1 million.

    Justice Mojisola Dada, who ruled on their bail applications, granted former Chairmen Adesina Ogunlana and Yinka Farounbi as well as a former Treasurer Aderinola Kappo bail for N500,000 each with two sureties in like sum.

    They are first, second and third defendants in the suit filed against them by the Economic and Financial Crimes Commission (EFCC) for alleged “conspiracy to steal”.

    The judge held that there was no reason to deny the defendants bail as the EFCC failed to provide proof that they would jump bail or tamper with evidences and witnesses.

    She said: “The allegation that the three defendants jumped administrative bail was not proven, although the first and third defendants said they were not around last Friday when they were supposed to appear before the EFCC.

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    “They, however, presented themselves for arraignment the following Monday, despite not being served by the EFCC.”

    The judge also held that the EFCC investigated the claims of the third defendant that she was in a hospital in Badagry that Friday. “The EFCC also failed to produce the second defendant in court for arraignment, despite being in its custody up until then.

    “The defendants are granted bail in the sum of N500,000 and two sureties in like sum, one of whom must own a landed property within the jurisdiction of the court.

    “The defendants shall remain on temporary bail, pending the perfection of their bail within two weeks, failure of which they will be remanded in prison,” Justice Dada said.

    She adjourned the matter till July 3, 9 and 10 for trial.

    Ogunlana is facing a 15-count of stealing and a count of money laundering while Farounbi and Kappo are jointly charged with 13-counts of stealing. They pleaded not guilty to the charges.

  • NBA cautions Executive against influencing judges in post-election litigations

    The Nigerian Bar Association (NBA) has cautioned against undue interference in the activities of judges assigned to handle post-election litigations in various election petitions tribunals across the country.

    The NBA urged those who took the oaths of office yesterday not to compromise the independence of the Judiciary and respect for the rule of law as a way of sustaining the nation’s democracy.

    In a statement on Wednesday in Abuja, the nation’s capital, by NBA National Publicity Secretary, Kunle Edun, its President Paul Usoro (SAN) noted that the inauguration of elected leaders in the Executive arm for another four-year term was a milestone in the nation’s democratic journey.

    The statement reads: “The NBA President notes that today is a milestone in the Nigerian democratic experience as the country marks 20 years of uninterrupted civil rule.

    “The NBA President states that the experience of the last 20 years has evidently shown that there is no substitute for democracy. But for citizens to reap the full benefits of any democracy, government must be consciously dedicated to the observance of the rule of law at all times.

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    “The NBA President further states that one of the indices of the respect for the rule of law is the strengthening of the independence of the Judiciary.”

    “The NBA shall not hesitate to always call on the other arms of government not to weaken the judicial arm of government. It is pertinent for government at all levels to obey and abide by orders of courts.

    “In this light, the NBA President brings to fore the pending election petitions challenging some of the elections that heralded the inauguration the nation is witnessing today.

    “It is the hope of the Bar that the heads of governments being sworn in today shall not unduly influence the Bench, as doing so would be a contravention of the oaths of offices taken today.

    “The NBA President congratulates the heads of governments, charges them to engage in masses-friendly policies and wishes Nigerians a memorable inauguration day.”

     

  • ‘Lawyers must adapt to new technology or die’

    How can lawyers add value to their practice? How can they keep abreast of rapidly evolving technologies, such as Artificial Intelligence (AI), that are threatening to render them redundant? These and more were the focus of the 2019 Annual Conference of the Nigerian Bar Association (NBA) Section on Legal Practice (SLP), on May 7 and 8 in Akure, the Ondo State capital. Legal Editor JOHN AUSTIN UNACHUKWU was there.

    The benefits of rapidly evolving technology, such as Artificial Intelligence (AI), to the future of the Legal Profession in Nigeria are many. But so are the threats it poses to legal practitioners who fail to keep up.

    These and more resonated on May 7 and 8, in the Dome International Culture and Events Centre, Akure Ondo State, during the 2019 Annual Conference of the Nigerian Bar Association (NBA) Section on Legal Practice (SLP).

    The event, hosted by Governor of Ondo State, Oluwarotimi Akeredolu (SAN), featured legal experts, including judicial officials, Senior Advocates of Nigeria (SAN) and other members of the Bar and Bench.

    The theme of the event was: Value added legal practice.

    Akeredolu, Femi Falana (SAN) and other distinguished lawyers, judges and members of the academia warned that legal practitioners must adapt to the changing times or be left behind.

    They called for a reforms to enhance speedy administration of justice, urged an improvement of the quality of judgments, removal of the perception of corruption in the judiciary among others.

    In his keynote address, Akeredolu commended the conference organisers for their “foresight and thoughtfulness” in picking the conference theme.

    He said value addition connotes getting the client what they want in a cost-effective way and obtaining a favourable result that impacts the bottom line.

    To add value to clients, a law firm must put structures in place to ensure improved practice and service delivery.

    “This entails having appropriate business model, client acquisition strategy, structure, data storage and accounting standard without which business hardly succeeds.

    “For example, some law firms hardly appreciate the importance of client’s account as opposed to the Principal’s personal account.

    “Embracing arbitration and mediation can be of great importance in the quest for value addition to legal practice.

    “It is important to realise that it is not every problem/dispute that must necessarily be resolved by litigation.

    “The well-known advantages of arbitration and mediation over litigation recommend that acquisition of skills and proficiency in this area of law will help in enhancing service delivery to clients who are wary of the traditional drawbacks/flaws associated with litigation.

    “Fortunately enough, we have established, recently, the Multi-door court in the State’s Judiciary in tandem with best global practices.

    “I hope that our lawyers will take advantage of the services the court can render in adding value to their practice.

    “Closely allied to the foregoing is the question whether we can continue to sustain the rule that places restrictions on marketing and advertising.

    “In my opinion, this rule is somehow conservative. The provision of our rule on this requires some liberalisation for us to be able to cope in a world that is highly globalised and competitive,” Akeredolu said.

    The governor urged lawyers to explore new areas of practice.

    “It must be in search of new vistas in other emerging areas offered by the advancement in ICT.

    “Examples of these areas include cybercrime, cyberbullying, copy right and patent, telecommunication disputes, e-mail contract, hate speech, online transactions.

    “This necessarily calls for specialisation and special skills in order to harness the opportunities available in these areas,” he said.

    He added: “All we strive to achieve is to see Nigeria compete, favourably, with advanced polities like India and Singapore, which are the most improved jurisdictions.”

    Change can make way for new opportunities

    In his presentation on the future of legal services in Nigeria, opportunities and threats, law teacher Prof. Oyelowo Oyewo, quoting the International Bar Association (IBA) Presidential Task Force on the Future of Legal Services (2017), said: “The legal profession is in a period of profound change, the pace of which is intensifying.

    “Change on this scale can be both threatening and challenging, but change can also make way for new opportunities. This aptly describes the future of legal services globally and in Nigeria.

    “The future is already here and the opportunities and challenges in the legal services industry are already impacting all aspects of the legal profession and the actors have to be proactive or become victims of paradigm paralysis and perish.”

    ‘Delays, inefficiency cause market share reduction’

    In his presentation, Adekunle Salau said the biggest disservice to the industry is the time it takes to dispense justice.

    “With a deadly combination of sharp practices of incessant adjournment of hearing and work overload, antiquated court processes and  work tools, the system is inefficient, leading to erosion of trust thereby significantly reduces market size,” he said.

    Mr. Ope Olugasa of the Grace Infotech (LawPavillion) identified two factors that he believes will shape legal practice in Nigeria.

    They are: changing consumers’ habits, tastes and demands, and improvements in available technologies and work tools – artificial intelligence and blockchain.

    ‘Tips for a Value-Added practice’

    Mrs Funke Adekoya (SAN) identified several threats to the legal profession including: digital disruption, globalisation, economic downturn, ease of doing business and delay in the adjudication of disputes.

    She concluded that the future of the legal profession in Nigeria is faced with different threats which will undermine its continued relevance, prestige and profitability, but that “promptly recognising the threats and seeing how we can turn the challenges to opportunities will result in a “Value-Added” practice”.

    On lawyers’ duty of disclosure,  Deputy Director-General Nigerian Law School, Kano Campus, Dr. James Agaba said: “The respect and power that lawyers wield in society is as a result of the perceived integrity of the Bar.

    “If lawyers, by their own conducts, show that they are not gentlemen or honourable men, then, the respect which has been accorded to the Bar will be withdrawn. We must put in place internal mechanism to check the excesses of erring lawyers.

    “Then and only then can we stand up like the ABA and challenge Parliament on an issue as weighty as the AML Regulations.

    “We must constantly remind ourselves with the popular African adage that says: ‘A fish has no life independent of the water’. So, the life of a lawyer is not any healthier than the life of the society in which he lives.”

    Falana: System is discouraging

    Femi Falana (SAN) in his contribution said: “Nigerians are extremely intelligent but the system does not encourage us to get the best from ourselves. The infrastructure and system does not help us at all. Until a few years ago, our cases were regularly cited all over the world, especially in the United States of America (US).

    In a chat with The Nation on the sidelines of the event, Chairman of the NBA SLP, Mia Essien (SAN) said: “The secret of our success as a section is teamwork and content.

    “We had exceptional speakers and everyone can attest to that. We chose those speakers because of the knowledge they have and their wealth of experience.

    “We also chose them because of their reputation in our industry. I am using that work ‘industry’ now because, the reality now, like I said in my opening speech, is that it is time for us to adapt now or die.

    “This is the time for lawyers to know that the time is now. We can’t practice Law the way we use to practice before, times are changing and we must change with it.”

    Chairman of the conference Planning Committee, Akin Akintunde (SAN) thanked the hosts, attendees and guests including Governor Akeredolu, Ondo State judicial officers, members of Ondo State executive council and other dignitaries

    ‘Lawyers without new skills will be unemployable’

    According to Osaro Eghobamien (SAN), “technology disrupts a lot of things and it does so for the better.”

    So, there is going to be a change of mindset and a change of skills set, he said.

    He added: “We have lawyers who have gone to understudy India and to learn how technology is going to operate. We have lawyers who have gone to study the impact of technology on various businesses.

    “I think that is the future. Lawyers just have to understand, it’s not that you would be unemployed, but you would be unemployable if you do not develop the rights skills.”

    ‘A legal revolution is coming’

    For Chief Roland Otaru (SAN), the conference “lived up to its theme ‘Value Added Practice’. As you know there is a revolution now. A legal revolution is coming into the affairs of the NBA and the legal profession in Nigeria.

    “The theme is key because we as lawyers must add value to our clients and we must also strive to live within the ambit and rules of our professional ethics.

    “I think there should be a fundamental retooling of our legislation on this.

    Chief Ferdinand Orbih (SAN) congratulated the SLP “for the huge successes of its conferences so far. As you know that section has had a checkered history and for it to take off as a rocket after its resuscitation is amazing.

    “The theme of the conference is well thought out. There is no lawyer who would not want to add value to his practice.”

    Similarly, Mrs. Victoria Awomolo (SAN) said the conference organisation was “perfect. It compares seriously with international conferences I have seen. I am quite impressed.”

    Commending the conference for its “organisation, venue, resource persons and the theme” All Progressives Congress (APC) National Legal Officer Mr. B.K. Ogala, scored the Organising Committee “close to 80 percent”.

    He added: “My takeaway is that it suddenly dawned on me that I have to go back home and start lawyering business. Just like one of the speakers from abroad said, he said the biggest law firms in this country are SMEs, that they will all fall under small and medium scale enterprises. That to me was an eye-opener.

    “The future of the law industry in Nigeria belongs to technology. We have always mouthed it and I have just heard that artificial intelligence is even threatening my profession!

    Former Chairman NBA Section on Business law, Olumide Akpata said: “The SLP has done very well. I am extremely excited being one of those who have consistently advocated the strengthening of our sections at the NBA. I am thoroughly excited seeing some of the work this section’s council has done within the very short time they’ve been back on the block.”

    Former Chairman NBA Lagos branch, Alex Muoka added: “This is one of the best SLP conferences so far. The reality is that historical legal practice had been seen as a vocation, a calling. But increasing, one is finding that you cannot successfully practice law, even in this environment without a business structure.

    “In terms of artificial intelligence, the world has largely moved up and we are just playing catch-up. We need to move on with the rest of the world. There are fears that AI will take over jobs. Of course that would definitely happen, but the onus is on us as practitioners to specialise in niche areas. AI is not going to completely replace the human touch and angle, so, there is still a lot of room as legal practitioners, but we definitely need to up our game and practice.”