Vanguard Law and Human Rights in this edition looks at the just-concluded Nigerian Bar Association, NBA, national election, challenges the incoming president of the association must address as suggested by senior lawyers and his promises to the bar.
Excerpt:
Foremost association of lawyers in the country, the Nigerian Bar Association, NBA, recently held its biennial national elections, which produced national officers to lead the association in the next two years.
Though the national officers would be sworn in at the end of the annual conference of the association, expectations are high on them.
Interestingly, Mazi Afam Osigwe, SAN, emerged winner of the election for the position of the president.
In a result announced by Electoral Committee of the Nigerian Bar Association, ECNBA, chairman, Oluseun Abimbola, SAN, Osigwe defeated Mr. Chukwuka Ikwuazom, SAN, and Mr. Tobenna Erojikwe, to emerge victorious.
Meanwhile, the election was not without issue, as Mr. Ikwuazom, SAN, a candidate in the election, announced his withdrawal from the poll midway, expressing concern over the compromised integrity of the electoral process.
In a letter addressed to the members of the NBA, Ikwuazom expressed his belief that the system had been manipulated to favour a predetermined outcome, by placing him in third position despite the overwhelming support from his dedicated supporters.
Erojikwe on his part rejected the result, saying: "I am, at this time, unable to accept the election result announced by the ECNBA. Instead, I am immediately calling, in the first instance, for an official audit of the election result."
A source, an insider in NBA politics, meanwhile, told Vanguard Law, that it was not always easy for candidates, who had spent lots of money in an election to easily accept defeat.
The source said NBA national election these days entails lot of money, as candidates must visit if not all, most of the association's 126 or more branches across the country.
Vanguard Law gathered that a candidate for the president of the association would have spent a conservative sum of N300million in the election, mainly on criss-crossing the length and breadth of the country.
According to the source, the other reason candidates do not concede defeat easily is because they are grouped into zonal bars and until the zones they belong to come to term with the result, their representative will not concede defeat.
Other national officers
Other national officers, who emerged in the election include Sabastine Anyia as 1st Vice-President with 12,114 votes, Mrs. Bolatumi Animashaun secured the position of 2nd Vice-President with 26,534 votes. Mrs Zainab Garba got 23,550 votes to win the 3rd Vice-President position.
For General Secretary position, Dr. Mobolaji Ojibara got 25,713 votes to emerge victorious, Henry Ehi won the Assistant General-Secretary position with 28,552 votes.
Mrs. Blessing Udofa-Poromon was elected as the Treasurer with 17,998 votes, and Mr. Nyada Auta emerged Welfare Secretary with 18,369 votes, Mrs. Bridget Edokwe won the Publicity Secretary position with 19,542 votes, and Miss Ebiere Ekpese was elected as the Assistant Publicity Secretary with 26,955 votes.
The election also saw the selection of NBA representatives to the General Council of the Bar across the Eastern, Northern, and Western zones of the country.
In the Eastern Zone, Mr. Augustine Ike, Mr. Daniel Kip, Mr. Eric Ibe, Mr. Michael Onuorah, and Mr Obi Anizoba each received 24,891 votes.
Mr Tijjani Magaji was elected as the representative for the Northern Zone with 30,357 votes.
The Western Zone representatives, Mr Israel Solomon Lagbamue, Mr. Kingsley Asagba, Mr. Olukunle Edun, Mr. Precious Ndidi Nwadimuyah, and Mr. Sulayman Adamu Dawud, each got 25,256 votes.
The NBA we knew
The NBA, at a point in the history of the country was one of the most respected organisations as it was noted for keeping the government of the day on it toes.
It not only filed suits in court to challange govermnent policies, and actions, but also took to the streets in protest, boycotted court sittings and joined other civil society organisations in protests to force government to listen to the people, who most times are at the receiving end of bad government policies and programmes.
Of late, the NBA has not lived up to that billing and expectations of many Nigerians as it tends to be on the side of the government, instead of the people.
Many Nigerians today wonder why the NBA would not join hands with other civil society groups to protest against hike in prices of goods and services in the country, or policies and programmes considered anti-people, which the association in time past did.
Challenge before new NBA president
Enforcement of regulations against erring members -Erugo, SAN
Prof. Sam Erugo, SAN, said: "Probably, the greatest challenge is in the enforcement of regulations against erring members. Experience has shown that selfishness is natural, and training alone may not be sufficient to secure observance of rules by all lawyers, more so, in the face of ethical dilemmas vis a vis economic circumstances of the times.
"It becomes necessary to control by punishing erring members. Because of the nature of the roles of the legal profession, particularly to the society, rule of law, justice, etcetera, the profession is highly regulated, but enforcement of the rules remains the biggest challenge.
"In Nigeria, with our number, spread, and diversity, the NBA is always burdened in controlling the activities of its members.
"Unfortunately, every misconduct of a member is easily attributed to the profession because of age-long misconceptions of the work that the lawyers must do for their clients and in accordance with the ethics of the profession.
"Another related issue is in remuneration of members, sometimes, adversely affected by self-inflicted factors. The new president could start with the ethical issues and welfare of members.
"Secondly, there is a need for conscious efforts to correct certain misconceptions and misrepresentation of the profession in particular, and the judiciary generally, attributable to recent political cases.
"We must restore confidence in the judiciary as the alternative is anarchy, and no one will be safe."
Address low perception of the profession by the public -Ogungbade, SAN
Mr. Oluwasina Ogungbade, SAN, said: "The new President will be coming into office at a critical period for the country and the profession. Historically, lawyers have always played a critical role in the affairs of the country and Nigeria has not been an exception.
"People like the late Chief Obafemi Awolowo SAN, Chief FRA Williams SAN, Prof. Ben Nwabueze SAN, Afe Babalola SAN, Clement Akpamgbo, SAN, Abdullahi Ibrahim, SAN and the current Attorney-General of the Federation, Prince Lateef Fagbemi, SAN, just to mention a few, have all left indelible marks not only on the profession but also on the country itself.
"So, the incoming President must continue this tradition. However, in my estimation, the greatest challenge facing the incoming President must be the low perception of the profession by the public. This is because members of the profession have for some time, failed to live up to the standards so admirably set by the fathers of the profession in Nigeria.
"The latest of such instance being the conflicting pronouncements made by different courts on the Kano Emirate dispute. That debacle is one that has caused immense embarrassment to the profession. So the President must lead the charge to bring sanity back to the profession.
"Please note that the focus here is not about the judges who sat on the matters. It is about the lawyers who filed the suits and applications which brought about the conflicting orders. Judges cannot on their own make orders if suits and applications are not brought before them and once brought, they are under obligation to pronounce on the suits and applications. Asides from this, the administration of justice continues to suffer.
"With regards to criminal justice, the sorry state of affairs still persists. There are notable cases ongoing which clearly demonstrate this poor state of affairs.
"Again, lawyers must take a large part of the blame. So, the tasks before the incoming President are daunting but not insurmountable. I am, however, convinced that he is capable of fixing them," he added.
Reforming electoral process to achieve a transparent outcome -Prof. Igbinedion
Prof. Simeon Igbinedion, Associate Professor in the Department of Jurisprudence and International Law, Faculty of Law, UniLag, said: "The challenges include reforming the electoral process to achieve a transparent outcome, mobilising lawyers to reject executive lawlessness, that is, executive disobedience of court rulings/judgments, advocating the digitization of court processes/proceedings, and improving the welfare of members, especially the junior lawyers."
He must address continued brutalisation of lawyers by security agencies - Obidegwu
Mr Ben Obidegwu, former president, Capital Market Solicitors Association, said: "Firstly, congratulations to Mazi Osigwe, SAN. There are quite a number of challenges ahead of him because uneasy lies the head that wears the crown.
"The first challenge I think is before him is holding the federal and state governments accountable especially when it comes to rule of law and human rights. He needs to re-strengthen NBA-SPIDEL to be able to effectively take up public interest matters, thus repositioning the NBA as the number one watchdog in the country.
"Secondly, he will need to further address the continued brutalisation of lawyers by security agents, who have somehow cloaked themselves in invincibility. There is a need to nip these dastardly acts in the bud. Also, there is the issue of a backlog of stamps and seals, he needs to address that as well and put together a process that will make it fast and seamless.
"Lastly, one of the metrics by which an association will be judged is it's impact on the welfare of its members, especially the young lawyers and the physically disadvantaged.
lawyers, and the aged ones. "There's need for a better welfare package, and I would particularly advise him to build on the success of the NBA-ICLE," he added.
Promise to the association
Meanwhile, Mazi Osigwe, SAN, will be expected to fulfil his promises in his manifesto on assuming office.
His promises include: "To improve the standing of the association, strengthen and unify the Bar, while proactively addressing issues and the welfare of all lawyers.
"To run a unified and inclusive bar that identifies problems, anticipates challenges, delivers solutions, and benefits to all lawyers.
"In the pursuit of justice and the advancement of the legal profession, it is imperative that
we, as members of the NBA, embrace a proactive approach to address the evolving challenges facing our profession and the judiciary.
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"I am committed to leading a proactive Bar that will ensure The Bar is properly placed in nation building and observance of the rule of law.
"As society evolves, so also do the challenges and opportunities. The various challenges encountered by the Bar and the Bench in the execution of their duties have continually posed a threat to the rule of law.
"The association and the society at large needs a proactive Bar that anticipates challenges, identifies problems, and delivers/proffers incisive, swift, effective, and efficient solutions.
"Whether it be systemic issues within the legal profession, obstacles hindering the administration of
justice, or emerging trends impacting legal practice, the Bar must remain vigilant, responsive, responsible, constructive and forward-thinking.
"My dear colleagues, under my leadership, the NBA will not turn a blind eye to existing fundamental problems hampering the progress of the legal profession and the judiciary.
"The Bar will be vibrant, speak, act, and constructively engage necessary stakeholders. We will keep the members of the Bar informed on salient issues and carry them along in issues that affect the practice and their welfare.
"I shall effectively consult, have a good listening ear and capably represent the interests of the
members of the Bar. Indeed, I will ensure that all the branches are effectively represented in the affairs of the NBA.
"I will proactively address issues affecting the different cadres of legal practitioners, particularly by
developing programmes that meet the expectations of lawyers and address the grievances of the teeming number of lawyers who join the profession every year.
"While I acknowledge the pressing issues facing our profession, like access to justice, fair compensation for legal services, judicial reforms, and the promotion of ethics and integrity within the legal community, etc., I will ensure our proactive Bar will take decisive actions to confront them head-on and work tirelessly to implement meaningful reforms and initiatives that drive positive change.
"Please join me in building a proactive Bar that stands as a beacon of justice, excellence, and progress as outlined in this manifesto. My manifesto is designed to address the comprehensive needs of the NBA and can be grouped under three broad thematic areas.
"Together, these themes form a cohesive plan to elevate our profession and our association."
Osigwe has emerged as president, all eyes will now be on him, when he assumed office to keep to his promise.
