Nigeria: 2024 NBA-AGC - Nigerian Lawyers Set Agenda for Nation's Rebirth

3 September 2024

It was a gathering of the who-is-who in the Nigerian legal community last week, when over 13,000 Lawyers converged in Lagos for the Annual General Conference of the Nigerian Bar Association (NBA-AGC). With the theme "Pressing Forward:

A National Posture for Rebuilding Nigeria", the Conference took off with a Jumat service for its Muslim members on Friday, August 23, 2024, and was followed by a Church service on Sunday morning for Christian Lawyers, and a Football tournament. . The opening ceremony which took place at the Eko Hotel Exhibition Centre, Victoria Island on Sunday evening, marked the official opening of the Conference. The Vice President of the Federal Republic of Nigeria, HE Senator Kashim Shettima, GCON, the former President of Ghana, HE John Mahama, Hon. Justice Adewale Abiru, JSC representing the Acting Chief Justice of Nigeria, Hon. Justice Kudirat Kekere-Ekun, were among the dignitaries who graced the occasion.

The Director-General of the WTO, Dr (Mrs) Ngozi Okonjo-Iweala, GCON, delivered the Keynote Address. Onikepo Braithwaite, Jude Igbanoi and Steve Aya who covered the entire six-day event and report the events which culminated in the inauguration of Mazi Afam Osigwe, SAN as the 32nd President of the NBA. Short Takes from Lawyers on their assessment of NBA-AGC which was organised by the 2024 Annual General Conference Planning Committee chaired by Mrs Oyinkansola Badejo-Okusanya, are also included. All-in-All, the reviews were good!

Opening Ceremony

Nigeria Needs a New Social Contract - Okonjo-Iweala

The Director General of the World Trade Organisation (WTO), and former coordinating Minister of the Economy and Minister of Finance, Dr Ngozi Okonjo-Iweala, has stressed the need for Nigeria to have a social contract with the aim of setting the country towards steady economic growth and development, rather than an episodic growth path. Dr Iweala stated this while delivering the Keynote Address titled "A New Social Contract for Nigeria's Future" at the opening ceremony of the 2024 Annual General Conference (AGC) of the Nigerian Bar Association (NBA).

She described the social contract as a "fundamental cross-party, cross-society agreement that certain things in the economy, the country, policy, and society are sacrosanct and shall not be touched or changed when administrations change." Drawing a parallel contrast with Peru which has something similar, Dr Iweala maintained that such a contract has become necessary to minimise the volatility of economic and social policy.

"My convictions on Nigeria's need for a social contract were reinforced recently when I was in Peru on an official visit.

"Looking at the country as a Nigerian, I was struck by the mismatch between its politics and economic performance. She cited political and economic development in Peru and India to buttress her views."

With the theme of the conference being "Pressing Forward: A National Posture for Rebuilding Nigeria", Dr Okonjo-Iweala said the country has not been able to succeed in its economic policies due to lack of policy consistency.

"Nigeria today is not where it should be, and our country has not progressed as it should have.

"That is why we are still discussing nation-building more than 60 years after independence. But, we must shift our focus from blame games, to concrete actions that tackle present and emerging challenges.

"I said this not in recrimination or even in futile regret, but rather as part of moving our country and advancing its interests. We are living in very difficult times, locally here in Nigeria, but also globally.

"I'm not here to castigate or blame anyone, I'm here to speak to all governments of my country, all political parties, all Nigerians, about a positive way forward for the country", she said.

Dr Okonjo-Iweala further noted that successive administrations failed to continue and emphasise good economic and social policies put in place by predecessors, but allowed politics to frame policies.

"We all understand that where policies are bad and not working, of course politics should intervene. But, where things are working to the good, we ask, why fix what is not broken?"

"The social contract is about how we pool our resources to provide the public goods we agree are needed, and how we support those affected by adverse shocks.

"I'm saying that all major actors in the governance of our country should agree on some basic parameters for security, macroeconomic and social stability, and the enabling environment for future dynamism and growth of our country.

"Once agreed, these parameters and policies should be institutionalised or enshrined in law, or even be made part of our Constitution, not to be tampered with, except perhaps, through a national referendum involving the entire country and society", she further added

"What I'm saying is this. Maintaining good economic and social policies, that is, maintaining policy consistency, and adding more reforms on top of that, will lead us along the path of good progress that we all desire. As we know, our political leaders have thus far, never been able to agree to stick to a common set of principles and policies that deliver consistently for citizens, irrespective of ethnic group or political persuasion.

"A social contract could become a basis for the virtuous circles of reform, growth, peace, security, and trust that have too long eluded us. Turning now to potential ingredients of that social contract, the first element should be a shared understanding that we must prioritise the security of life, property and national assets. We cannot have economic or social development without security, and we certainly cannot have security without development.

"We all know that security has been weaponised in our country for political purposes, by political actors, leading partly to the difficult situation we have now. We have politicians who believe that the best way to make their opponents look bad is to instigate insecurity, making it look like they can't govern. Regardless of whether this leads to loss of life and property of innocent Nigerians - this has to stop.

"A second aspect of security, relates to security of national assets. Nigerians have seen for years how organised crude oil theft on a massive scale, seriously undermine the economic and financial health of the country.

"All Nigerians must agree that stealing of our national assets of any type is intolerable and must be stopped.

"How can we be struggling to see how to strengthen our foreign exchange reserves with the Government of the Central Bank working so hard on this, when so much is being lost through oil theft?

"There is so much technology available now to track such thefts, and there must be no more excuses for inaction. Theft of electricity cables is another rampant and very dangerous form of national assets.

"No one should try to tamper with the Central Bank, asking for manipulation of interest rates or the exchange rate. Do not use the Central Bank as a fiscal agent, asking for the printing of Naira beyond agreed ways and means limits. Fundamental fiscal and financial rules should be respected, once they are on the books.

"Respect the use of the oil price-based fiscal rule that allows the accumulation of reserves and savings in good times, to be used to push in bad times. Respect the agreed budget deficit. Keep it as close to 3% of GDP as possible.

"Limit non-transparent extra-budgetary spending spent through the budget. Stick to transparency of FAAC allocations and State and Federal budgets, so that citizens have a clear view of how their money is being spent. Do not exceed sensible limits for public debt as a percent of GDP.

"For an economy at Nigeria's stage of development and given its vulnerability, debt-to-GDP ratios should remain well below 40%.

"Debt service to revenue - we should strive not to exceed 33%, so as not to crowd out operational and capital expenditures. Budget based on a medium-term expenditure framework, to provide a sound forward-looking platform for economic and budget management.

"Create an investment-friendly business environment cutting down on bureaucracy, licensing, and policy uncertainty to encourage the domestic and foreign private sector to invest and remain in Nigeria.

"Respect of the above will ensure a sound macroeconomic framework, with core economic management working on an objective basis to become a foundation for investment, growth, and employment."

"Economic and Social Challenges are Being Addressed"-President Tinubu

The President, Asiwaju Bola Tinubu, GCFR has again restated his administration's commitment to addressing the social and economic challenges facing the country.

President Tinubu stated this yesterday in Lagos at the opening ceremony of the 2024 NBA-AGC held at Eko Hotel, Victoria Island, Lagos.

The President, who was represented by Vice President Kashim Shettima, highlighted some of the measures and policies being undertaken by his administration to address the economic challenges. He contended that the collapse of the multiple exchange rate regime, has helped to check corruption.

Vice President Shettima reacted to Dr Okonjo-Iweala's speech, on the need for a new social contract between the Government and the people.

He said: "You have done justice to what is needed in this country. A German philosopher once said, "Let every man sweep the front of his door, and the whole compound will be free.

"While I acknowledge the temporal existence of some daunting challenges besetting us as a nation, I want to assure you that this Government is poised to address all the developmental challenges facing this country, and rest assured that in the fullness of time, this nation shall overcome.

"I want to assure you that this Government will continue to uphold top priority to the welfare of the Judiciary, to ease the avoidable burden on their Lordships, and speed up the adjudicatory process which is a sine qua non for social order and economic development.

"Distinguished fellow Nigerians, It is appropriate to refer to the recent landmark position of the Supreme Court, granting financial autonomy to the local government councils in Nigeria.

"I commend the upheaval, for its consistent sustenance of the tenets of democracy and good governance in the polity.

"Expectedly, this will spur the much-desired developments at the grassroots level, while I remain confident that more of such strategic and reform-oriented legal interventions will be achieved.'

AGF Assures Nigerians of Restoring Judiciary's Integrity

The Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, has stated the Federal Government's current reforms in the Judiciary are aimed at restoring the sector to its place of pride.

Prince Fagbemi said this, while speaking at a Breakout session accompanied by his Justice Sector Reform Team during the NBA-AGC, anchored by Olawale Fapohunda, SAN.

The AGF mentioned that the National Justice Summit presented the National Justice Roadmap, which the Justice Ministry is presently working on. He stated further that the Summit which saw all the separate organs of the Judiciary come together, has not only seen the cross-pollination of ideas that will lead to a new and better justice system in Nigeria.

Other reforms the Ministry is working on include engaging with foreign nations on the recovery of stolen national wealth, working with the nation's anti-corruption agencies to ensure speedy prosecution of corrupt individuals, and collaborating with the Police on issues concerning the rule of law, Administration of the Criminal Justice Act, as well as the reforms of correctional homes and services.

Prince Fagbemi emphasised that everyone is a stakeholder in Justice Reform and therefore, everyone has a role to play.

Mr Marcus Fernandez, the Special Assistant to the Minister on Digital Technology, mentioned that part of the reforms includes making the ministry digitally compliant, where all processes are digitalised. He stated that this transformation will involve using technology to facilitate the transportation of litigants and inmates to court via digital means.

In response to comments and questions, the Minister expressed concern about the issue of deported Nigerians returning home with nothing, but clarified that it is a matter of the laws of the nation they are coming from. However, he added that his office is currently working on getting the best deal for Nigerians and Nigeria.

On the recent order by the Court of Justice in Paris which attached three aircrafts belonging to the Nigerian Government, a Dassault Falcon 7X, a Boeing 737-7N6, and the newly procured Airbus A330 Presidential aircraft, in a debt dispute between the Ogun State Government and Zhongshan Fucheng Industrial Investment of China, and other similar cases, Prince Fagbemi said that the Ministry is working on protecting the nation's foreign assets and interests behind the curtains, and soon the nation will see the fruit of their effort.

Earlier, the outgoing President of the NBA, Mr Yakubu Maikaiyu, SAN emphasised that this is the first time such a session had been held at the NBA Conference. He also commended the Attorney-General, for his passion for the development of justice and the rule of law in Nigeria; that the ongoing reforms if carried out effectively, will contribute to the overall development of the nation, as the law covers all areas of national development.

Political Stakeholders Task Legal Professionals on Law and Africa's Development

Former President of Ghana, HE John Mahama, urged African legal professionals to play a more active role in shaping the future of the continent. Speaking at the plenary session of the 64th NBA-AGC in Lagos, Mr Mahama emphasised the need for legal reforms, economic diversification, and youth empowerment to tackle Africa's ongoing challenges.

Speaking on the topic "Africa's Future Amidst Rising Security, Economic, and Political Challenges", the former President highlighted the historical context of Africa's post-colonial challenges and stressed the importance of addressing structural weaknesses, over-reliance on commodity exports, and underdevelopment of key sectors such as agriculture and manufacturing. He specifically pointed to the African Continental Free Trade Area (AfCFTA) as a critical opportunity for the continent, and stressed the need for legal professionals to ensure that this framework promotes trade while protecting the rights of workers and citizens.

Addressing the Nigerian context, Mr Mahama drew parallels between the challenges facing Ghana and Nigeria, particularly in terms of public trust in democratic institutions.

He cited statistics from Ghana showing a decline in trust in the government, the economy, and democratic institutions.

He urged legal professionals to empower Africa's youth by advocating for educational reforms, promoting youth entrepreneurship, and ensuring that labour laws protect the rights of young workers in the digital economy.

Mr Mahama also proposed the establishment of a Youth Entrepreneurship Legal Clinic to provide free legal services to young entrepreneurs, and also called on the legal community to embrace their role as custodians of the law and champions of Africa's future.

Africa's Vast Landmass and Population are Significant Assets - Abubakar Bagudu

Also speaking at the event, former Governor of Kebbi State, Abubakar Bagudu, urged African nations to change their perspective on the continent's potential, viewing Africa as an opportunity rather than a problem. He emphasised Africa's vast landmass and population, as significant assets that could lead to greater prosperity, if properly utilised.

Mr Bagudu pointed out that Africa's landmass is 30.3 million square kilometres, compared to China's 9.5 million square kilometres and India's 3.28 million square kilometres.

He noted that Africa's population of 1.5 billion rivals that of China and India, but, highlighted the significant difference in economic output. While China's GDP exceeds $18 trillion and India's is around $3.28 trillion, Africa's combined GDP is approximately the same as India's, presenting a central challenge for the continent.

Mr Bagudu emphasised the significance of adequate resources in driving development, stating that every unit of organisation requires a minimum of resources to be effective.

He also highlighted the unequal access to capital faced by African countries compared to Northern hemisphere nations, and called for a discourse on mobilising greater capital for Africa, underscoring it as a crucial discussion for the continent.

He further stressed the need for African countries to work together to generate the resources needed for sustainable development, drawing parallels with Nigeria's efforts to join global alliances such as the G20 as steps in the right direction.

While reiterating that Africa must confront its realities and make necessary choices to put the continent on a sustainable development path, Mr Bagudu emphasised the importance of making choices that will set Africa on a sustainable course for development.

In his remarks, the outgoing NBA President Mr Yakubu Maikyau, SAN, said the time has come for Lawyers to rise and protect the rule of law, and to push for the economic development of Nigeria and the African continent, further noting that no serious minded investor will invest in a country where there is no rule of law and investor confidence.

Afam Osigwe Sworn in as 32nd NBA President

The recently elected 32nd President of the Nigerian Bar Association (NBA), Mazi Afam Ozigwe SAN, on Thursday at the Lagos Intercontinental Hotel took the oath of office from the 31st President of the Association, Mr Yakubu Maikyau, SAN.

Speaking at the inauguration, the outgoing President of the NBA, Yakubu Maikyau, SAN, urged the incoming President, Mazi Afam Ozigwe, SAN, to introduce innovative measures that would drive the growth and development of the Association. He emphasised the importance of adapting to the changing legal landscape, by implementing modern strategies and reforms that would enhance the Bar's relevance and impact. According to him, the innovations could include leveraging technology for better service delivery, improving legal education and training, and fostering greater collaboration within the legal community.

Mr Maikyau highlighted that such steps are crucial for ensuring that the NBA continues to play a pivotal role in upholding the rule of law, and advancing the interests of its members.

In his inaugural speech, Mazi Ozigwe, SAN called for unity among members of the NBA, regardless of region, practice area, or background, while emphasising the promotion of the welfare of Lawyers, professional development, and continuous education under his leadership. He also said there are plans to enhance the independence and integrity of the Judiciary, as his leadership will focus on the rule of law, justice, and the protection of human rights.

The new NBA President also stated his intention to promote the NBA's role as a guardian of justice, and advocate for the rule of law in Nigeria during his tenure. He noted that his executive would be committed to upholding ethical standards within the profession, as they engage with the government, civil society, and international bodies to promote justice and the rule of law, while announcing the setting up of various working committees to work on all areas of practice, including reviewing the NBA Constitution and the next AGC, which he said will commence on August 23, 2025 in Port Harcourt, Rivers State.

The new NBA President called on all members to work together towards the betterment of the profession and society, expressing confidence in the collective ability to achieve the set goals.

How Did Lawyers Assess the Conference - Short Takes

OCJ Okocha, SAN (19th/Millennium NBA President) - Opening Ceremony was quite enthralling

The 2024 NBA-AGC was a great success, and I can personally say that it met my expectations.

The Opening Ceremony was quite enthralling, especially with the participation of our own Dr Ngozi Okonjo-Iweala, the Director General of the World Trade Organisation, who delivered the Keynote Address.

I attended the Plenary Sessions and some of the Breakout Sessions, and they dealt with topical matters that resonated well with the theme of the Conference, PRESSING FORWARD. I also attended the Annual General meeting, which also went well.

The Conference also saw the formal takeover of office by the new administration of the NBA, led by Mazi Afam Osigwe as President. I wish the new Administration every success.

Augustine Alegeh, SAN (27th NBA President) - Session on Traditional Rulers was quite exciting

The AGC had many rich sessions. I particularly enjoyed the Traditional Rulers session, which had the Ooni of Ife, Olu of Warri, Obi of Onitsha, Emir of Lafia amongst others present, to discuss justice sector reform issues.

The swearing in of the 32nd President of NBA, Afam Osigwe, was another interesting highlight of the AGC.

I commend the AGCPC and the YC Maikyau, SAN administration for the 2024 AGC.

Mia Essien, SAN - NBA Saved Money without Conference Bags

Mr Yakubu Maikyau, SAN, promised a great Conference and he and the AGCPC, led by Oyinkan Badejo-Okusanya, delivered on that promise. Congratulations to them. I am also impressed by the fact that the NBA saved money by not making conference bags. In my personal view that was an excellent decision.

Dr Roland Otaru, SAN - Ondo Governor's Lecture was thought-provoking

The 2024 NBA Conference, was a Conference like no other. The Conference was well organised, as it met the expectations of majority of members. I was particularly enthused by the quality of Lectures delivered, especially the one anchored on the imperative of having State Police. The Executive Governor of Ondo State, HE Lucky Orimisan Aiyedatiwa delivered thought-provoking lecture on State Police like Amotekun.

The icing on the cake was the swearing in of the new Executive of the NBA. Kudos to Mr Yakubu Chonoko Maikyau, OON, SAN, led Executive that put the Conference together!

Professor Abiola Sanni, SAN - An A* Conference

I will rate the Annual General Conference, A*. I am happy that the administration of YC Maikyau, SAN ended with a bang! This does not mean that it is perfect. Timeliness of the opening ceremony and the duration, was a major challenge.

Mazi Afam Osigwe, SAN inauguration of AGC Planning Committee under the Chairmanship of Emeka Obegolu, SAN one year ahead, is a commitment to do even better through efficient planning. The breakout sessions were many, and all seductive. I was privileged to be a Speaker at the session on reform of legal education, which clashed with a number of other high-profile sessions which I would have loved to attend.

The highest point for me was the session on artificial intelligence, where the Moderator and all the Speakers held the audience spell bound. In the course of trying to establish contact with them; it turned out that two of them were my former students. Hanging out with buddies, bumping into colleagues and old-time friends, the handshakes, hugs, laughter all made the event memorable.

I look forward to the next AGC, by the grace of God.

Usman Sule, SAN - An Apt theme

The theme "Pressing forward ...." was very apt, in this critical moment of our Nigeria democracy. The organisation of the Conference, from the quality of guests to the erudite Speakers was fantastic.

It was a wonderful experience and moment, in the history of our country. All the breakout sessions were well attended, with participants showing their curiosity on various topical issues. The YC Maikyau, SAN led administration has done very well, and made the Association proud.

Folashade Alli, SAN - Impressive Lineup of Speakers

The recently concluded NBA-AGC met most of my expectations in a lot of respects. The lineup of speakers was impressive, bringing diverse perspectives and valuable insights into various areas of law, which enriched the discussions. The registration process was seamless, it was well organised, ensuring that participants could quickly settle in and focus on the Conference itself.

The choice of TBS as a venue for the breakout sessions was excellent, providing a conducive environment for the sessions. Additionally, the facilities, including the air conditioning, were more than adequate, ensuring comfort throughout the event. I also think the choice of Dr. Ngozi Okonjo-Iweala as the Keynote Speaker was particularly noteworthy, adding significant flavour to the Conference. Her insights, combined with the presence of high-profile dignitaries such as the Vice President of Nigeria and the Attorney-General of the Federation, Prince Lateef Fagbemi, SAN further elevated the event's importance and relevance.

There are however, some areas that could be improved upon in future conferences. There were too many parallel sessions; this made it challenging to choose which ones to attend, potentially diluting the overall experience.

The sessions did not adhere strictly to the scheduled time, and this affected the flow of the Conference,

Overall, while the Conference was successful in many respects, addressing these areas of improvement will enhance the experience for all attendees in the future.

Benson Igbanoi (Past NBA Jos Branch Chairman) - Seamless transition of Exco

In my humble opinion, I could not find any reasonable explanation for the failure to provide the usual Conference materials, despite the exorbitant registration fees. Is that a sign of progress or retrogression?

I must say that from the above reason, my expectations were not met. But, the seamless transition to the Mazi Afam Osigwe SAN's led Exco and the prospects thereof, give a ray of hope.

Dr Orowhuo Okocha - 31 Breakout sessions were too much

To be entirely honest, I had reduced my expectations for this year's AGC, so it was easy to meet them.

In terms of the content, this year's Conference was packed full of sessions dealing with relevant and topical issues, and with Speakers who did justice to the respective subjects.

There was something to be desired in terms of general organisation though, because 31 breakout sessions might have been too much to attempt to pack into two days; but at the end of the day, it has come and gone, a new President and Executive Committee has been sworn in, so I'm just happy that the Conference is over. I'm also glad for the opportunity to reconnect with old friends and colleagues.

Mandy Asagba (Immediate Past 3rd Vice President) - Too many logistics challenges

I must express my disappointment with the recently concluded NBA-AGC, which fell short of my expectations due to logistical challenges. Specifically, the venue's remote location resulted in significant daily transportation costs, while the hotel allocation process was marred by delays and disorganisation, leaving much to be desired despite the organisers' best efforts.

Kudos to the organisers for their valiant efforts, but the NB-AGC was a mixed bag for me. The venue's remote location made me feel like I was commuting to another city (N8,000 daily, to be exact!), and the hotel allocation process was a thrilling game of 'room roulette.' Despite these hiccups, the Conference still managed to hit the high notes, so, here's to imperfect success!

Dr Tolu Aderemi - Conference deepened intellectual capacity of Lawyers

In my opinion, the 64th NBA-AGC, is a testament to the largest Bar Association's role as a pressure group committed to holding the Government accountable. It also provides an invaluable platform, for training its members in international best practices.

The relevance of the topics discussed, must be reflected by all Lawyers striving to compete on a global stage. While there were minor logistical challenges, such as the distance between venues, I believe the overall quality of the discourse overshadows any minor challenge(s). I therefore, congratulate the former President, Y.C. Maikyau, SAN, and the Chairman, Conference Planning Committee, Mrs Oyinkan Badejo-Okusanya and her team, for the sterling efforts towards deepening the intellectual capacity of our colleagues.

Emmanuel Ororoh - No Conference Bags!

The cost of registration for the NBA-AGC was too high, as many Lawyers could not afford it, hence, the low turnout of Lawyers from the private Bar at the Conference. Despite the huge funds received from Sponsors of the Conference, no Conference materials were given to delegates; the only material given was a notepad sponsored by FIRS.

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