A Senior Advocate of Nigeria (SAN), Afam Osigwe, recently took the oath of office as the 32nd president of the Nigerian Bar Association (NBA), the professional pressure group of qualified legal practitioners in Nigeria.
This completed a process that began in July of this year when he defeated his closest rivals, Tobenna Erokiwe and Chukwuka Ikwuazom (SAN), to win the election to the esteemed position. Osigwe, the immediate past General Secretary of the Association, succeeds Yakubu Maikyau (SAN) in the two-year, one-term role of the prestigious body.
In his inaugural speech, Osigwe acknowledged the weight of the NBA's responsibility as a powerful voice in the nation's democratic process and declared the body's determination to live up to it under his leadership.
"Under my watch, the Nigerian Bar Association will not shy away from holding the federal and state governments accountable. The rule of law must be upheld, and the rights of Nigerians must be protected," he stated.
His first notable action was to establish five committees, which he plans to use to pursue the goals he seeks to achieve during his tenure: the Nigerian Bar Association Women's Forum, the National Litigation Committee, the Citizens Liberties Committee, the Adjudicature Review Committee, and the 2025 Annual General Conference Planning Committee. This appears to be leadership with a purpose.
As the new leadership of the Nigerian Bar Association steps into office, a monumental task awaits: restoring faith in a judiciary that many Nigerians view with skepticism and disillusionment. The current state of the Nigerian legal system reflects deep-seated issues that require urgent attention. To revitalize the judiciary and uphold the principles of justice, the new president must address six critical areas: improving access to justice, restoring judicial impartiality, expediting justice delivery, defending democratic freedoms, advocating for lawyers' welfare, and driving electoral and judicial reforms.
The integrity of the judiciary is paramount for a functioning democracy. However, numerous reports suggest that many Nigerians have lost faith in the impartiality of the legal system. Justice is increasingly perceived as a commodity for sale, accessible only to those who can afford it. Corruption permeates the judiciary, from lower courts to the Supreme Court, eroding public trust.
The prevalence of controversial judgments, often based on legal technicalities rather than the merits of cases, further fuels this disillusionment.
The new NBA leadership must prioritize the fight against corruption within the judiciary. Often, fingers are pointed at judges, but it is crooked lawyers who deliver their clients' bribes to the judges. The NBA must advocate for transparency and accountability in judicial processes. Collaborative initiatives with civil society and other stakeholders can foster a culture of integrity, ensuring that judges are selected and promoted based on merit rather than political or familial connections.
By restoring public confidence in judicial impartiality, the NBA can reaffirm its role as a protector of justice.
Another pressing concern is the sluggish pace of the justice delivery process. The backlog of cases and the prevalence of frivolous motions contribute to a system where justice is delayed--often to the detriment of litigants, some of whom may die before their cases are resolved. It is unacceptable that our prisons are filled with inmates awaiting trial, many of whom would have served their sentences by the time their cases are finally adjudicated.
The NBA must actively participate in streamlining the judicial process. This includes advocating for reforms that limit frivolous litigation and encourage timely adjudication. Implementing technology in court proceedings can significantly reduce delays, allowing for more efficient case management. Moreover, the NBA should promote alternative dispute resolution mechanisms to alleviate the burden on the courts.
The routine arrests of journalists and civil society activists, coupled with crackdowns on peaceful demonstrations, pose a significant threat to the democratic fabric of the nation. The NBA has a crucial role in defending these freedoms. The new leadership must advocate for the protection of civil liberties and ensure that the rights of individuals to express dissent peacefully are upheld. This includes providing legal support to journalists and activists facing persecution and working to repeal laws that infringe on freedom of speech and assembly.
We expect the lawyers' body to lead the campaign to protect the rights of those prosecuted for treason after participating in recent protests against poor governance in Nigeria. The NBA's commitment to defending human rights will reinforce its reputation as a guardian of democracy.
While focusing on the broader issues facing the judiciary, it is equally important to address the welfare of young lawyers. Many budding lawyers struggle with inadequate remuneration and poor working conditions, particularly in larger law firms. This disparity affects their professional growth and stifles innovation and enthusiasm within the legal profession.
The new NBA leadership should champion initiatives that ensure fair remuneration for all legal practitioners. This can be achieved through advocating for minimum wage standards in legal practices and encouraging firms to prioritize the welfare of their employees. By fostering an environment where young lawyers can thrive, the NBA can strengthen the legal profession as a whole.
Finally, the NBA must lead the call for comprehensive electoral and judicial reforms. Election integrity and the judicial system are interdependent; both must be transparent and accountable to restore public trust. The NBA should engage in dialogue with lawmakers to advocate for reforms that ensure fair electoral processes and an independent judiciary.
By forming coalitions with civil society groups and other stakeholders, the NBA can amplify its voice in advocating for these critical changes. A concerted effort toward reform will not only enhance the credibility of the legal system but also restore Nigerians' faith in their democracy.
The tasks before the new NBA leadership are daunting but not insurmountable. By addressing the issues of judicial impartiality, expediting justice delivery, defending democratic freedoms, advocating for lawyers' welfare, and driving electoral and judicial reforms, the NBA can reclaim its position as a beacon of justice in Nigeria. As the new leadership embarks on this journey, it must do so with a commitment to integrity, transparency, and the unwavering pursuit of justice for all. The Nigerian people deserve nothing less.