For over six decades, the Nigerian Bar Association (NBA) has served as the sole umbrella body for Lawyers called to the Nigerian Bar by the Supreme Court, as Barristers and Solicitors. This crucial role of the NBA hasn’t been without its fair share of challenges, including an imperfect electoral system, but the body has managed to surmount its challenges to play its statutory role over the years. The sudden recent emergence of a body christened the Law Society of Nigeria (LSN) has been received with mixed feelings and questions, including why now? Has it come to threaten the peace that the NBA has enjoyed, since the 1992 Port Harcourt Debacle which saw it in limbo for six years? Does the emergence of such a body enjoy legal backing? The LSN whose abrupt appearance is raising eyebrows as to its intent and purposes, is the subject-matter of this Discourse by Dr Richard Ahuonaruogho, SAN, Abdulrasheed Ibrahim and Sylvester Udemezue
New LSN is Unregistered, Illegal and Unrecognised
Richard Ahuonaruogho, SAN
My attention has just been drawn to the purported Executive Committee of the Law Society of Nigeria (LSN), and hereby wish to assure all Legal Practitioners in Nigeria that the purported Executive Committee are unknown to the LSN.
LSN was incorporated on 28th December, 1994, by my goodself, Richard Oma Ahonaruogho, as Convener and Secretary with Mr Charles I. Idehen as Chairman. The idea was to save the Nigerian Bar Association (NBA) from self-destruction after the 1992 Port Harcourt crisis, and we have over the years, reviewed the need to keep the Nigerian Lawyers under the main umbrella of the Nigerian Bar Association (NBA).
Recent events in the NBA, have led to an increasing agitation for the full commencement of activities of LSN, for which some representatives of the persons now claiming to be Executives of the LSN held a meeting with me and one of the promoters of LSN on 6th October, 2022, in Lagos, where their appeal for the commencement of full activities was tabled, considered and deferred for further consultations with some of the other key promoters and the sole surviving Trustee.
Consultation is ongoing, and the hasty announcement by the said letter with reference number LDN/BOB/C/2022/Vol. 1/001, on the indicated subject
‘LAW SOCIETY OF NIGERIA: NOTICE OF EXISTENCE AND NATIONAL EXECUTIVE COMMITTEE’ to the Body of Benchers of its Protem National Executives of the Law Society of Nigeria (LSN), namely :
a. Kunle Ogunba, SAN – President
b. Hon. Nimi Walson-Jack – Vice President
c. Abdulqadir Alhaji Sani – Secretary
d. Olasupo Ojo – Welfare Secretary
e. Chioma Ferguson – Treasurer
f. Douglas Ogbankwa – Publicity Secretary
g. Zara Umar Yakub – Financial Secretary
h. Alice Ogaku Awonugba – Assistant Secretary
i. Hassan Sherif – Assistant Publicity Secretary;
are with respect to them unknown to LSN, and should be disregarded by all Nigerian Lawyers and the Distinguished Body of Benchers of Nigeria to whom the letter dated 24th October, 2022, was written.
The logo and Motto – ‘Justice For All’ on the purported letter claiming to be that of LSN, are alien to LSN and amounts to the tort of passing-off.
Kunle Ogunba, SAN’s team of J. K. Gadzama, SAN and Olasupo Ojo, Esq held a meeting with me and another Promoter, Chief Kunle Uthman on Thursday 6th October, 2022, at the Southern Sun Hotel, Ikoyi. We are still consulting the other Promoters of LSN and the Sole surviving Trustee, Richard Ogbeche Esq. No one from Kunle Ogunba, SAN group formed the LSN, not one of them. I, Richard Oma Ahuonaruogho came up with the idea in 1992 after the Port Harcourt crisis, but I did not get the necessary support from the other Promoters until February, 1994, and we submitted our application to the Corporate Affairs Commission in April, 1994 and got incorporated on 28th December, 1994. Richard Ogbeche Esq did not consult any of the Promoters or myself as the Convener and Founding Secretary. Not even Mr. Charles I. Idehen, the Chairman of the Law Society of Nigeria. I was just seven years at the Bar in 1994.
The offices known to LSN as provided for in Article 6 of the Constitution of LSN dated 10th February, 1994, and submitted to the Corporate Affairs Commission (CAC) are as follows:
a. President
b. President-Elect
c. Chair of the House of Delegates
d. Secretary
e. Treasurer
f. Secretary-Elect
g. Treasurer-Elect
h. Executive Vice-President.
Conclusion
In conclusion on behalf of the Promoters of the LSN, and as the Founding Secretary, I hereby state categorically that no Executive has been appointed for the Law Society of Nigeria as at today.
Dr Richard Oma Ahuonaruogho, SAN, Convener and Founding Secretary, Law Society of Nigeria
LSN : Is NBA’s Monopoly Under Threat?
Abdulrasheed Ibrahim
Press Release
This is another interesting period for the Nigerian Bar Association (NBA), as recently, a group of Lawyers released a press statement stating that they have founded a new Lawyers’ association to be known as Law Society of Nigeria (LSN), and they rolled out the names of their Protem National Executive. In their own very words in a letter said to have been sent to the Chairman of the Body of Benchers: “The Law Society of Nigeria (LSN) was founded and registered as a national organisation of Lawyers admitted to practice law in Nigeria. The LSN, with membership spread all over Nigeria, exists to empower the legal profession with quality member service (high standards of learning, competence, and profession conduct); facilitates access to justice, maintain and advance the cause of justice; and promote the rule of law…”.
What came to mind immediately I saw the press release, was the nature of politics in Nigeria which I once referred to as a “big comedy”. When I said that, not many people, particularly the Lawyers, took me seriously. In stating what was in my mind after reading the LSN’s press release, I said “This reminds me of the nPDP when some PDP politicians fell out with GEJ; they ran to APC, but today, most of them are back in the PDP trying to send APC packing. In the wake of NBA v El-Rufai’s dis- invitation to the NBA Conference, some Lawyers threatened to form NNBA. Is their threat now coming to reality? The other day when Chief Akintola, SAN talked about some Lawyers that don’t know the geography of the court, I saw the handwriting on the wall, that there is every likelihood of a split in the NBA, but I kept quiet because I don’t want to be tagged “a Prophet of Doom”. Now, who says a writer is not a soothsayer!”
In all honesty, I may not belong to the same school of thought as Chief Niyi Akintola, SAN, but I admire him for one thing – he is a very bold and fearless Lawyer that does not hide his feelings. Sometime in 2020, Chief Akintola expressed the view that Nigerian Lawyers were free to break away from the NBA, which generated a lot of controversy among Lawyers”.
LSN has said that :“As a Society of Lawyers in Nigeria, called to the Nigerian Bar under auspices of the Body of Benchers, the Law Society and its members are subject to the authority of the Body of Benchers and other regulatory organs as established by the Legal Practitioners Act. We commit ourselves to work with the Body of Benchers, to ensure quality legal service delivery.”
What is yet to be cleared as at the time of writing this article, is whether the Body of Benchers under the Chairmanship of Chief Wole Olanipekun, CFR, SAN, a former NBA President, has endorsed or approved the emergence of LSN.
Already a new twist or crack has appeared on the wall of LSN, as shortly after the press release by LSN said to be presently under the leadership of Mr Kunle Ogunba, SAN as its protem President, another Senior Advocate, Dr Richard Oma Ahuonaruogho, came up with a disclaimer that, as the promoter of the LSN and founding Secretary, there was no executive appointed for the LSN. Apart from this, there is also the Corporate Affairs Commission (CAC)’s angle to it, that it has denied the registration of the LSN on the ground that its objectives are similar to that of the NBA.
LSN’s Mission Statement
From what looks like the mission statement of LSN, its formation is not intended to be like those other Lawyer associations that go the path of regional affiliation like the Eastern Bar Forum, Arewa Lawyers Forum and the Egbe Amofin Odu’a, whose impact are always felt during the NBA national elections. LSN is also not intended to go the path of religious affiliations like National Association of Catholic Lawyers; Christian Lawyers Fellowship Association of Nigeria and Muslim Lawyers Association of Nigeria. LSN neither intends to go the path of feminine affiliations like FIDA Nigeria or AWLA Nigeria, but rather, wants to be on the same pedestal with the NBA. How LSN seeks to achieve this, is going to be very interesting. There is no doubt that for decades the NBA has been enjoying the great monopoly of the Nigerian Bar with all the goodies that go with it; whether the LSN will be able to pose a threat to the NBA’s existence is the question to be answered by the passage of time.
There is this argument that has been raging for a very long time, and that is whether by the constitutional right to freedom of association donated to all Nigerians, including the Lawyers; whether a Lawyer can decide not to be a member of the NBA, and not to be bound by its rules and regulations? From the current position of law in Nigeria today, the NBA has been conferred with the title of Monopoly of the Bar by virtue of some reported cases. For instance, the Court of Appeal has held in the case of NBA v KEHINDE (2017) 11 NWLR 225 (Pt. 1576) that:
“The Nigerian Bar Association (NBA) was established for the purpose of regulating the affairs and conduct of all legal practitioners in Nigeria, and upon being called to the Nigerian Bar, there is automatic membership to the NBA on a Lawyer…Hence, as long as one has elected to join and remain within the noble profession, he is a member and ought to comply with the directive of the Association”.
Prior the above decision, the same Court of Appeal held in the case of Chinwo v Owhonda (2008) 3 NWLR (Pt. 1074) at 341 that :
“The Appellant was not compelled to take up the profession of law, and its attendant compulsory membership of the Nigerian Bar Association. However, once he made the choice to study and practice law, and thereby, placing his name on the roll of honour of belonging to the profession, he stands bound by the internal rules and regulations of the Association. There would be therefore, be no issue of a breach of the Constitution of the country if the rules demand of him, undivided loyalty”.
One of the brick walls that will be met and contended with by the LSN, is what the Court of Appeal called Undivided Loyalty to the NBA. Honestly, and I want to be proved wrong, if we were to be in a military set up , that Protem National Executive would by now be facing a court martial or military tribunal, for planning a “coup” against the “military regime” of the NBA .
For those who may want to argue basically on the provisions of the fundamental rights under the Constitution, let me go a bit further on the position of the Court of Appeal in the case of Chinwo v Owhonda (Supra) per Dongban-Mensem, JCA (as she then was):
“I have only a few words of mine to add, in declaring that this appeal is without merit. In the exercise of their constitutional rights (Sections 39 & 40) of freedom of thought, etc, and of freedom of assembly and association, individuals elect to and do subscribe to membership in associations which sometimes curtail their rights. The Appellant, while exercising his right, joined an honourable profession of formidable societal influence and relevance, which of necessity has rules and regulations to guide his professional conduct, and which along the line, curtails some of his choices…..”.
Within my restricted knowledge of law, I am not aware of any decision of the Supreme Court that has tampered with this position of law. Therefore, I can say without fear of any contradiction, that the new Law Society of Nigeria (LSN) cannot swim in the same swimming pool as the NBA.
What Prompted the Revolt?
But, I must rightly point it out here that, what prompted this kind of revolt by the LSN, is often caused by the arrogance of the NBA leadership. NBA leadership, very often, behave tyrannically, maybe basically because of its belief that it has the law on its side as seen from the above decisions of the Court of Appeal, that whatever is contained in its bye law cannot be challenged in the court of law, forgetting that there are limits to every act of transgression.
NBA is a replica of what is going on in Nigeria, whose leaders, rather than addressing the problems on the ground would prefer to complicate them, and embark on misplacement of priorities.
The emergence of LSN with its mission statement, is a great indictment on the leadership of NBA, if the LSN is now talking about empowering “the legal profession with quality member service (high standards of learning, competence, and profession conduct) ; facilitates access to justice, maintain and advance the cause of justice; and promote the rule of law…” , does that not mean that the NBA has failed in its primary responsibilities? Many Lawyers are not happy with what is going on in NBA, and that is why many of them are grumbling. Leadership self-centredness, unnecessary disqualification of candidates through some discriminatory provisions in the NBA Constitution during elections, and the winner takes all syndrome are among the factors that are breeding discontent in the NBA. The immediate past Akpata regime may have had its lapses, but, at least, he succeeded in bringing some far-reaching reforms to the NBA.
Going Forward
Forming a new Bar Association like Law Society of Nigeria (LSN) cannot be the solution to the problems on the ground, rather mutual engagement to a great extent, will do the magic. Since NBA has already set up a Committee calling for memorandum from members on electoral reform and review of its Constitution, I believe this is an opportunity for Lawyers to make suggestions and recommendations on how the right things should be done.
I have suggested somewhere else that, the NBA should again look into the full democratisation of the NEC membership through elections, rather than through co-option. Certain percentage of NEC membership should be subject to elections to afford full participation of members of the NBA, as this will create the high sense of being allowed to be part of the NBA system by many Lawyers. When NBA Committees are being set up, both members of the Inner and the Outer Bar must be considered to serve, rather than pegging everything to the one side of the divide.
In the NBA elections, those that lose must be ready to accept defeat in the spirit of sportsmanship, while those that win, at the same time, must be accommodating to those that lose, rather than playing the game of arrogance and winner takes all. Winning elections is not the only way members can contribute positively to the development of the NBA, and the legal profession at large. We must continue to see ourselves as learned friends and colleagues, rather than enemies. God bless the NBA, and guide its leaders to be fair and just!
Anyone is at liberty to disagree with my above submissions, as I will surely appreciate a balanced, fair and objective rebuttal.
Abdulrasheed Ibrahim, LL. M, Notary Public
Law Society of Nigeria: A Piece of Laughable Illegality
Sylvester Udemezue
Perhaps, you can see clearly why I had said on 30 October, 2022, that Law Society of Nigeria (LSN), to any extent that it purports to constitute itself as a parallel to our NBA, is Illegal, a ridiculous bunch of fruitless illegality, promoted by lawless Lawyers who are not aware, or rather, pretend to not know that NBA is not just like any other association registered with the CAC, but is an entrenched Statutory Body, that can only be displaced or dislocated by statutory amendment and judiciary imprimatur.
Whoever they are, the brains behind the LSN (as an association purporting to challenge the NBA), are promoters of an illegal absurdity. There’re people who either:
1. Are not mature enough to manage a simple loss in an election, or
2. Perhaps, think they’re born to control the NBA or to teleguide NBA affairs – so much so, that if they’re not in control, then they plot to pull NBA down by any means whatsoever, including engaging in illegality such as is illustrated by LSN. NBA doesn’t belong to anyone in particular. Only the National Assembly and the Judiciary can pull it down.
I think it’s a kind of Professional Misconduct for any Lawyer in Nigeria, to participate in promoting an association that purports to challenge the NBA. Besides, just as is the the case with all abnormalities and illegalities, you can see how they have started infighting even before they’ve started associating publicly.
Comparison With ICAN?
There Is No Reasonable Basis for Comparing NBA to ICAN
From Day One, ICAN had been never been an association of ALL Accountants in Nigeria. Not even up to 20% of all Accountants in Nigeria ever belonged to ICAN. So, from inception, not all Accountants belonged to ICAN, because ICAN is for only Chartered Accountants, it’s not unexpected that some other Accountants (who had/have never been ICAN members) may decide to form or join other associations in the field.
In the case of the Law Profession, by law, from day one, All Lawyers in Nigeria are members of the Bar, and the Bar must be one in order to fulfil its essential role in Nigeria, and NBA is the umbrella Body.
Let’s stop comparing the Law Profession with accountancy. There’s no basis for such comparison. We can’t have two bodies in One Bar.
Attempt to Destabilise NBA Isn’t the Answer
I think I am the most aggrieved person in the Law Profession today, being the most disenchanted about the things that are not going on well with the profession. I enjoin anyone else who is aggrieved (indeed, all who are aggrieved) to come, let’s work together with the leadership, to find workable solutions to our current challenges. Trying to destabilise the current leadership, is not a reasonable solution. A notable Pope, Italian writer and scholar of old, Pope Pius XI (1857 – 1939), captures this in few words, and I agree: “justice requires that to lawfully constituted authority, there must be given that respect and obedience which is its due…”. Disrespecting the NBA leadership by trying to float a parallel association is an exhibition of BAD followership. Lawyers in Nigeria should show example of good followership, because anyone who can’t be a good follower cannot make a good leader.
Law Society of Nigeria (LSN) is powered mainly by Lawyers who have the mindset that they must or are destined to rule over the NBA, or that they must control its affairs. Please, let’s face it: the era when one person controlled the NBA has gone; let this reality be our guide going forward.
Sylvester Udemezue, Lagos
