NBA ‘Takes the Lead’ on National Issues During 2021 AGC

The Nigeria Bar Association (NBA), the largest professional body in Africa, last week held its flagship event, the 2021 Annual General Conference at the Yakubu Gowon Stadium, Elekahia, Port Harcourt, Rivers State. The Olumide Akpata led team of National Officers of the 120,000 strong Association, left Lawyers in no doubt that indeed, the NBA can live up to its billing as the foremost defender of the rule of law. Onikepo Braithwaite and Jude Igbanoi who attended the weeklong event, report on the day-to-day proceedings, where Lawyers ‘Took the Lead’ and offered pragmatic insights on many topics pertaining to how Nigeria can peacefully resolve its present constitutional impasse, and generally become a better, stronger nation

NBA Must Go Back to Positive Activism

– Governor Nyesom Wike

Governor Nyesom Wike of Rivers, has urged the Nigerian Bar Association (NBA), not to give up the struggle for protecting the rights of citizens as the Judiciary remains the last resort of the common man.

Wike stated this on last Monday in Port Harcourt, at the NBA 2021 Annual Conference with the theme, “Taking The Lead.”

He stated that confronting the Government may be tough and often misinterpreted politically, but, there should be no room for reticence, retreat or surrender.
“We must aspire to have excellence in our judicial system, and prevent innocent persons from suffering adversity because of the failures of our legal system.
“We must speak about Judges’ lack of courage to enforce our laws with equal measure, or worse still, because they have sold out to some form of political intimidation or pressure”, he said.

According to Wike, “Taking the Lead”, therefore, is to transform and reform the NBA into an activist Association, willing and ready to use the law to advance the values and aspirations of the law profession, and for the progress of society as a positive social force for change, with courage and determination.

“Taking the Lead” is to reclaim and uphold the values of the profession we once held; to have the courage to challenge what is wrong and unjust; to break free from tired traditions and status quo of the system.

“To question the motives of unfair and inequitable governmental actions and decisions; as well as to take appropriate and bold steps to eliminate the increasing costs, delays and drudgery of our criminal justice system.“Taking the lead” is to embrace the truth and having no patience for injustice; no tolerance for bad governance”, Wike added.

The Rivers State Governor said that, for the NBA to take the lead, it must have no sympathy for political leaders who fail their citizens. He said there should be no sympathy for timid and incompetent judicial officers, who betray their judicial oath with wrong and conscienceless judgements.

“I do hope and pray that from this Conference, the NBA will reawaken to its responsibility as the trustee of our legal system, resolve to guard against the easy slide into passivity, and find the courage and inspiration to fight for good governance, democracy, judicial independence and the rule of law, as the identities and traditions of our country through positive activism.

“This is the mission of our profession, and vigilance is the price of liberty”, the Governor said.

Wike stated that the law is not just an instrument for social control, but as much an instrument for social progress. He faulted Executive Order 10, and said it was an oppressive erosion of the powers and autonomy of the sub-national Governments to administer their own judicial budgets according to prevailing economic indices.
“This is what informed the decision, to seek judicial interpretation of the Order’s legality or otherwise.

“It is for similar reasons of strengthening fiscal federalism that we are in court to determine the proper authority, under our Constitution, for imposing and collecting the Value Added Tax in our country.

“These are very nationally sensitive issues, and Nigerians are eagerly waiting for the final outcome of the judicial process.

“We therefore, wonder why the Supreme Court is not giving accelerated hearing to these matters, and we respectfully request, that this should be done in the national interest.”

NBA Not Fighting for The Masses

Wike pointed out that his administration built a befitting Secretariat for Port Harcourt Branch, approved to build Secretariats for all the other Branches in the State, built Courts for both Federal and the Rivers State Judiciary, launched the Multi-Door Court House, and has commenced building a campus of the Nigerian Law School which will cost over N6 billion.

He condemned the NBA, for failing to fight the cause of the masses in recent years. Wike opined that the NBA has not done enough to promote good governance lately.
He said: “A little moment of introspection would reveal that the NBA is not what it used to be before the estimation of Nigerians, in terms of the quality and commitments of its disposition to the struggle for the rule of law, social justice and national development.

“Since the birth of this nation, Nigerians have relied on the law and our legal system to settle disputes, prevent crime, promote democracy, protect human rights and regulate virtually all aspects of both private and public life.

“While I would leave us to be the judge, my own personal conclusion is that, for years now, the NBA has focused less on promoting and fighting for the values of good governance, democracy, judicial independence, human rights and the rule of law.

“These are some of the concerning facts: Never in our political history has Nigeria been so badly governed and denied of good governance, with the Federal Government woefully failing in its basic duties to provide for the wellbeing and security of its own citizens, as we have experienced in the last six years”.

Wike accused the Federal Government of continuing to undermine the welfare of judicial officers, with poor remunerations.

“The struggle for a better deal for our judicial officers is one that the NBA must champion with utmost priority and commitment, before it’s too late in the day to rescue it from total collapse”, he said.

NBA Must Lead Conversation on Peace, Unity and National Development

– Hon. Femi Gbajabiamila

The Speaker of the House of Representatives, Hon. Femi Gbajabiamila, has called on the NBA to take the driver’s seat in the conversations surrounding the peace, unity and development of Nigeria.

Represented by Hon. Luke Iniofiok at the NBA 2021 Annual Conference, Gbajabiamila said that nation building is a joint task. He stated that the theme of the Conference, “Taking The Lead”, was not only timely, but also timely in the light of the challenges facing the nation.

“The theme presents a fierce urgency for Lawyers to capture the moment, and take the drivers seat in the conversation surrounding our collective patrimony.

“We have to answer the call to save and commit to the course of the downtrodden, to rebuilding our nation and raising it from the realms”, he said.

Gbajabiamila urged the Lawyers as they began the conversations, to remember their vision and to ensure that everyone lives in a just society, free from abuse of power and protected by a justice system based on fairness and the rule of law.

“As Lawyers, you also have a role to play individually and collectively in promoting social justice and respect for the rule of law.

“If we all play a part and intentionally contribute, we will pull our country from the deepest stages of strife and systematic failures, to the mountain top of peace and prosperity”, he said.

The Bar Must Collaborate with Legislature to Develop our Laws

– Senator Ovie Omo-Agege

Deputy Senate President, Senator Ovie Omo-Agege, said that there would be no meaningful development of the laws of Nigeria, without the active and progressive collaboration between the Bar and Lawmakers.

Omo-Agege made this known in his addresses delivered at the Conference. The Lawmaker said he is hopeful that the Conference would lay the bridge between the NBA and the legislative arms of Government at all levels, for the continuous exchange of ideas. He acknowledged that it this is indeed, the era legal practitioners ought to be at the forefront of development of the nation for the benefit of all.

“The theme, “Taking The Lead”, is also very significant at a moment like this, that serious national issues are being discussed.

“The National Assembly has already taken the lead in enacting laws to give legal teeth to some of the provisions of the fundamental objectives and directive principles of State policies”, he said.

According to Omo-Agege, it is in regard of issues that the attention of the National Assembly has focused on the enthronement of a transparent electoral process, as a precursor to good and accountable governance.

Our People Must See Themselves in their Constitution

– Bishop Matthew Hassan Kukah

Bishop Matthew Hassan Kukah exclaimed ‘Nigerians are Exhausted!’ at the NBA Annual General Conference in Port Harcourt, Rivers State last Monday where he was Guest Speaker the opening of the 2021 Annual General Conference of the Nigerian Bar Association. The Catholic Bishop of Sokoto Diocese focused on the recurring attempts by the political elite in the country to review its Constitution, an exercise that has been repeated so often that it has become an object of derision on the part of the people.

He delved into history by citing the evolution of the US Constitution and the Bill of Rights to draw a contrast between the principled debates and the judicial activism involved in the progress of an imperfect but progressive document, and the trivialities of the Nigerian version, which, he said, is no more than a debate between various tribal unions, between southerners and northerners, and between Christians and Moslems. Amidst the noise, he said, the voice of the Citizen – which should be loudest – is lost. A constitution is a secular Bible, he added, and its framers should be constrained in their appeals to religion. In his memorable ‘I Have a Dream’ speech, the legendary Dr. King never once appealed to his Christian religion, Kukah reminded the assembled delegates; instead, he apeealed to the Constitution and the Declaration of Independence which laid its groundwork.

Lamenting the Nigerian elite’s inability to rise beyond primordial sentiment, and its inability to distinguish between moral authority and mere occupation of public office, the cleric said the failure of the Nigerian state has reinforced every negativity in our national life, including our collective ignorance of one another.
He ended by again paraphrasing King in saying that the Nigerian state stands guilty of issuing a dud cheque to its people. But the agitations currently roiling the nation today, he asserted, are evidence that the Nigerian people no longer believe that the nation’s bank of justice is bankrupt.
He further stated that ‘Nigeria is like a Catholic marriage; it may not be happy, but it shall never break up.’

Adopt and Enforce the Child Rights Act

– Hon. Justice Eberechi Suzette Wike

Wife of the Rivers State Governor, Justice Eberechi Suzzette Nyesom-Wike, has appealed to States to adopt and enforce the Child Rights Act. She said many vices upsetting the society, were a direct consequence of deliberately disregarding the rights of children and the important roles women play in the nurturing process of children. She spoke at a special dinner she organised for female delegates to the NBA Conference, at the Banquet Hall of the Government House, Port Harcourt.

Justice Nyesom-Wike said the Act was designed to protect children from abuse, defilement and exploitation. She said: “This is one law that also protects children when it comes to defilement and all kinds of sexual abuses, because the criminal code, of course as we know, is very limited. This one is now expanded, especially with the Violence Against Persons Laws that are being adopted in the States”. She urged the society to keep encouraging and supporting women in the onerous task of parenting, saying women who give their children useful guidance and watch them grow into age of responsibility, deserve the support of the society. Justice Nyesom-Wike implored parents to shower their children with love at all times, to enable them give same back to the society.

Taking a Stand: Akpata Launches NBA Sexual Harassment Policy

A major highlight of the AGC breakout session on workplace and professional harassment, was the launch and formal presentation of the NBA’s ‘Sexual Harassment Policy’ by the Association’s President, Olumide Akpata. Championed by the Women’s Forum of the Association, the document aims to ‘create a safe work space for all’.
In his remarks at the event, Akpata said that although the NBA as a whole was still contending with certain capacity issues, the same cannot be said of the Forum, thanks to the able leadership of its President, Prof. Oluwayemisi Bamgbose, SAN, the Chairperson of the NBA’s Advocacy Committee, Mrs. Folashade Alli, as well as Dr Foluke Dada, a former Vice-President of the NBA.

Although not every male person is a sexual predator, a sexist or an apologist for male patriarchy, Akpata went to say, the actions of a few unprincipled people – if left unchallenged – can destroy the work of many people of goodwill. The Policy document, he declared, is one of such challenges – a clear rejection of physical, verbal and non-verbal harassment and victimisation in any shape or form.

To help enforce the Policy on behalf of the NBA leadership, Akpata proceeded to task two ‘male champions’ to work with the Women’s Forum on the issues – namely, Ekiti State Attorney-General and new SAN-designate, Olawale Fapohunda, and the afore-mentioned Mr. Ajagbe.

In answer to a question during the interactive session at the launch, Mrs. Alli of the NBA Advocacy Committee, said the document details a comprehensive complaint procedure that encompasses both law firms and public institutions where Lawyers ply their trade – as stipulated by International Labour Organisation (ILO).

Bar and Bench Brainstorm on Mode of Appointment of Judicial Officers

Judges and Lawyers advocated for a thorough, rigorous and unbiased process for the appointment of judicial officers at the NBA Conference.
The Managing Partner of S. P. A. Ajibade & Co., Dr Babatunde Ajibade, SAN, Moderator of the session on “Justice Sector Reform: Oversight Functions of the Bar and Bench”, expressed dissatisfaction at the process of appointing Judges in Nigeria.

Dr Ajibade stated that there should be no reason why the process of being a Senior Advocate of Nigeria, should be more rigorous than the process of becoming a Judge.

“The SAN will appear before the Judges, and if the process of becoming a Judge is lower, and the Judges are potentially not at par with the SANs, they have difficulty in controlling their courts.

Justice Oludotun Adefope-Okojie of the Court of Appeal, blamed NBA for not doing what it ought to do in the process of appointing Judges.

“Yes, there is a huge problem associated with the appointment of Judges. The problem is: the Bar is not doing what it is supposed to do.
“At every level of appointment, the Bar is represented”, she said.

In the Question and Answer segment, This Day Lawyer Editor, Onikepo Braithwaite, commented that it may not be the fault of the NBA, as the FJSC for instance, may not take cognisance of the NBA’s suggestions. Mrs Braithwaite pointed out that the NBA President’s observations on some of those shortlisted as Court of Appeal Justices in the last recruitment exercise, were ignored. His reservations that some of the candidates were unfamiliar with basic Latin legal terms, were dismissed with the wave of a hand.

The Chief Judge of Ogun State, Justice Mosunmola Dipeolu, said that there was always the “Nigerian factor of favouring children of highly-placed individuals in the society.

“I do not have that pressure, by the grace of God. I try as much as possible to do what is right.

“What I do is to strictly follow the guidelines, no matter who made the nomination or who made a recommendation”, she said.

Justice Dipeolu said that the NBA has a huge role to play, since it also nominated and recommended candidates, but she was dissatisfied.
“Make your stand known, you will be respected for it”, she said.

Legal Practitioner and Public Affairs Analyst, Dr. Chukwuma Chinwo, advocated the training of prospective Judges before their appointment. Chinwo said that there was a need to change the law curriculum of universities from the fourth year, for students to know the career path they would want to follow.
He said that the responsibility of being a Judge, is very high.

“I commend the Rivers Government for coming up with a Judicial Institute, but it should not be for Judges alone to be trained.

“Let those who want to be Judges go there, get trained, under-seasoned Judges too, and get the certificate”, he said.

The Attorney-General and Commissioner for Justice, Ekiti, Olawale Fapohunda, said that the happiness of judicial officers was important in justice delivery, regretting that their salaries had not been increased over the years.

“I have continuously disagreed with my colleagues, that once you sign-on to be a Judge, you should be satisfied with the salary you will be paid.
“I feel for the Judges who are thinking of their lives after service, when in some cases they cannot go home with the cars they are using and even have a home to stay after service”, he said.

“We, The People”…….A Debate on Constitutional Amendment

Tackling the issue of How Legitimate is the Nigerian Constitution?

This was the closing plenary session, which took place on Wednesday afternoon. For the first time in decades, two of Nigeria’s foremost human rights advocates, Chief Mike Ozekhome, SAN and Femi Falana, SAN came to a consensus on a crucial national issue.

The enlivening Showcase Session was Moderated by Chief J-K Gadzama, SAN; and weighing in on the contentious issues were Governor Tambuwal of Sokoto State, Chief Mike Ozekhome, SAN, Femi Falana SAN and Professor Chidi Odinkalu and Ms Ann Kio-Briggs.

In summation Ozekhome SAN, wondered what frightens the governing elite, that they are refusing or delaying working towards a new Constitution for Nigeria.
Prof Odinkalu called for a document that will bring about the restructuring of minds.

Ms. Ann Kio-Briggs, said there is no reason to continue to keep the Constitution

In agreeing with Chief Ozekhome, Femi Falana said: “I strongly believe that the country needs a new and popular Constitution, prepared by the accredited representatives of the people”.

The Nigerian Constitution, according to Ozekhome, is “a child of bastardy” and so, illegitimate. As a result, he claimed that no essential value could be derived from such a document, even if it went through a million ‘amendments.’ The learned Silk went down memory lane, to demonstrate that the Nigerian people had never truly had their own Constitution, whether during the colonial period or subsequent civilian administrations. He also noted recent examples of other countries who have adopted new constitutions as a result of referendums, and wondered what the governing elite in Nigeria was frightened of, by refusing – or at the very least delaying – a similar exercise. He frequently stated that: “This makeover is not rocket science. The only thing that is required to write a constitution that reflects both our national identity and the diversity of the individuals who make up our country, is political will and sincerity”.

Femi Falana, SAN, said the people of Nigeria were not involved in the processes which culminated in the constitutions promulgated by the colonial regime. Thus, the Lugard Constitution of 1914, Clifford Constitution of 1922, Richards Constitution of 1946, Macpherson Constitution of 1951, and Littleton Constitution of 1954 were enacted in London and imposed on Nigerians. In order to protect the interests of the British Government, the Independence Constitution of 1960 was negotiated between the British colonial regime and the nationalist politicians. Even the much-celebrated Republican Constitution of 1963, was a mere amendment of the Independence Constitution. He said the amendments of the Constitution carried out by the first set of parliamentarians, were rather cosmetic.

Falana continued: “I strongly believe that the country needs a new and popular Constitution prepared by the accredited representatives of workers, women, youths, physically challenged people and other interest groups. But, a new Constitution can only emerge from the struggle of the Nigerian people through a process that is democratic, inclusive and transparent. The popular struggle of the past had led to the entrenchment of Chapter 2 and 4 in the 1999 Constitution. Although the provisions of Chapter 2 are not justiciable, there are laws that have been enacted by the National Assembly to actualise some of the rights. With respect to Chapter 4, some Laws have been enacted against illegal arrest and detention, torture of suspects, and extrajudicial killing of citizens, while indigent citizens shall have access to free legal advice and representation by Lawyers in court.

“In view of the commitment of the Nigerian Bar Association to take the lead, this Conference should direct the members of the Human Rights Committees of each Branch, to accompany Chief Magistrates and Judges during the monthly visits to Police stations and other detention facilities in the country. The NBA should be prepared to partner with the human rights community, with respect to the provision of pro bono services to all victims of human rights abuse in the country.

“The NBA should pluck up the courage to sanction Attorneys-General who encourage disobedience of court orders, and frustrate the payment of damages awarded by courts to victims of human rights abuse. Since Nigerian Lawyers support the call for a new Constitution for Nigeria, the NBA should embark on consultation with the Nigerian people, through its Branches that are spread across the 36 States of the Federation.”

According to Ms Ann Kio-Briggs, another flaw in the current Constitution, is its glaring unfairness. She saw no reason to keep a document that, in its current form, as the previous Speaker put it, “lies to itself.” How can the State of Zamfara, for example, be allowed to keep the lion’s share of gold profits found on its territory, while the Niger Delta receives only a small fraction of crude oil revenues derived from the region, thanks to the magnanimity of the powers that be at the centre, she wondered? How can a Constitution allow one part of the country to flagrantly and blatantly violate the principle of federal character, at the expense of other sections? To address this shortcoming, she concluded that Nigeria must be unbundled in order for its citizens to be free of the toxic legacy of ‘Lugard’s Problem,’ as she dubbed it, and that only a brand-new Constitution, subject to the will of the people as expressed in a free, fair, and credible Referendum, can do so.

Short Takes from the AGC

‘All Conferees Deserve Commendation’ – Chief J-K Gadzama, SAN – Pioneer Chairman of NBA-SPIDEL

‘I wish to congratulate us all on the successful conduct of the 61st AGC of our dear Association, the NBA.’

‘This was an A-Class Conference’ – Erojekwe – Chairman, NBA Institute of Continuing Legal Education

‘The AGC of the NBA, was, in my view, well coordinated. There were over 10,000 Lawyers in attendance at the Conference, and the atmosphere was very peaceful and convivial. The number of attendees is very impressive by any standard, and more so, because the AGC took place during normal work season and during a pandemic. The registration process was seamless, this guaranteed a pleasant experience right from the moment they get to the venue of the Conference. The technical sessions of the Conference were very informative, with Bishop Hassan Mathew Kukah leading the way as the Keynote Speaker.
The Organisers were very meticulous in putting together the non-technical activities during the Conference. A visit to the exhibition booths was a delightful experience, and so were the sporting activities and entertainment. The Friendship Centre was functional, and provided good music and games for relaxation. The feeding arrangements, were also well coordinated.

In all, the Olumide Akpata led NBA, the NBA Technical Committee on Conference Planning, and all Nigerian Lawyers should be proud of themselves for putting together a very impressive, world class, Conference.’

‘NBA is Taking the Lead’ – Jonathan Gunu Taidi – immediate past General Secretary of the NBA

‘I should begin, by congratulating the NBA for hosting another successful Conference, and for making the event as rich and memorable as can be in the circumstances.
The sessions at the Conference achieved the major objective of helping to reorient and rejig the legal profession to reflect current realities, particularly as regards strengthening the rule of law, guaranteeing the independence of our system of justice, and positioning our Association to be a leading light of the nation.
The other major takeaway is that the legal profession must never be afraid to take front and centre role, in the effort to make Nigeria the country of our dreams.
Indeed, as the conference has demonstrated, there is no one more qualified to ‘Take the Lead’ than ourselves.

‘Conference was Simply Awesome’!

Edo Osagie – Benin Branch

‘The NBA President, Olumide Akpata, in his humility, social mien and intelligence, has consistently demonstrated his capacity to innovate, re-create and improve on standards. The recently concluded AGC is just one of them. From the gates of the venue you walk into the facemask wearing zone with security presence, sanitiser spraying cubicle hoses, baggage checks and finally the event halls.

Availability of branded shuttle buses, Branded Conference Bags with journals and brochures etc, Friendship Centre and musical shows, engaging topical sessions by renowned Speakers, Panelists and Moderators. Meals and drinks were served during tea break and lunch hours… every detail has been a product of great ingenuity.
A combination of an in-person and virtual Conference, giving the choice to participate from the comfort of peoples’ homes or offices.’

Conclusion

The Conference ended rather cheeringly with a ‘Blow-out’ party for all Conferees, where young wigs outnumbered the older ones.

The Gold Tournament sponsored by Chief J-K Gadzama, SAN, was another highlight on the Conference agenda, while the weeklong football tournament saw the Lagos Branch going home with coveted trophy.