His tenure as President of the Nigerian Bar Association (NBA), has remained a reference point in NBA history. He brought in innovations, which made the NBA the envy of professional associations in Nigeria. Some of his initiatives still hold strong, over a decade after his tenure. Most notable are the Stamp and Seal, and Universal Suffrage by electronic voting in NBA National elections. Over the weekend, Onikepo Braithwaite and Jude Igbanoi took time out to chat with Mr Augustine Alegeh, CON, SAN, the 27th President of the NBA. The quintessential Barman had a lot to say about discipline in the legal profession and Judiciary, among other things
The Nigerian legal sector has become heated over the ongoing cases filed against Dele Farotimi, a Lawyer, who stands accused of criminal and civil defamation of Chief Afe Babalola, SAN and other Lawyers, and also the Supreme Court and the Judiciary as a whole in his book 'Nigeria and Its Criminal Justice System'. Farotimi has been charged to court for the alleged offences and also civil wrongs. What are your views on this?
The issues between Chief Afe Babalola, SAN and Dele Farotimi, Esq are currently before the Law Courts in both civil and criminal cases, and I would prefer not to comment on matters pending before our Courts.
Can a Senior Advocate of Nigeria appear in a Magistrate Court? Some have argued that they can, as Section 36(6)(b) of the Constitution allows a litigant to engage a legal practitioner of their choice.
The issue of the rights and privileges of a Senior Advocate are largely regulated by the Legal Practitioners Act and Rules made pursuant to the LPA. The rights and duties determined by the LPA cannot be waived by a Senior Advocate of Nigeria. The provisions of the LPA are known to litigants before they retain services of Senior Advocates. The constitutional rights of the litigants to Counsel of their choice, must be exercised within the ambit of the Law.
We must also take as very important, the need to afford Counsel in the outer Bar the opportunity to build capacity. The matters before Magistrates Courts, are usually matters that can be conveniently and effectively handled by Counsel in the outer Bar. In civil matters, the jurisdiction of the Magistrates court is usually limited. The Magistrates Court also do not have jurisdiction in serious criminal matters. Consequently, I don't see a major challenge on this issue.
Why was it necessary for you to file a case against the Body of Benchers, as opposed to utilising the in-house dispute resolution mechanisms to resolve whatever issues you may have had there?
The case I filed in respect of my position in the Body of Benchers was occasioned by the circumstances on ground at the time. Thankfully, the matter has been amicably resolved by all the concerned Parties and we have agreed to work harmoniously in the best interest of our profession.
Many Lawyers and non-Lawyers alike, believe that discipline needs to be infused into the legal profession and law practice, and at the same time, we require Judicial reform. As a past President of the NBA, a Life Bencher and a Senior Advocate of Nigeria, you have had the opportunity not just to observe from close quarters, but partake in decisions that affect both branches of the legal sector. Kindly, comment on this, and make some suggestions on the best way forward. For instance, there are complaints about the lack of accountability for Lawyers, and the recruitment process of judicial officers.
The issues of discipline in the legal profession and judicial reform are issues that have been discussed severally, and various efforts made at different points to address the issues. These are issues that negatively affect the smooth administration of justice, and we must continue to re-tool, rejig and re-strategise to deal with the issues for the development of our Country.
The discipline of Lawyers has been addressed in several ways. The Legal Practitioners Disciplinary Committee [LPDC] has been revamped in recent years. The procedure has been amended to allow Petitioners prosecute their Petitions more vigorously, as Petitioners can now engage their own Lawyers to handle their Petitions. I am aware that there are currently efforts underway to amend the Rules and Procedure again, to make them more efficient and effective.
However, the practice of Courts referring Lawyers to the LPDC has not taken hold in Nigeria. In other jurisdictions, where Counsel have misconducted themselves in the course of proceedings, the Courts usually refer the Lawyers to the Disciplinary committee for sanction. This has proved very helpful, in curbing the excesses of Lawyers in court proceedings. We must embrace this practice in Nigeria, to help deal with the issue of indiscipline at the Bar.
The issue of judicial reform must be dynamic, to be able to address issues and trends as they arise. There have been several commendable initiatives by the Judiciary and the Bar, but the issues in the Judiciary have not been totally resolved. The Judiciary has mostly hardworking and honest judicial officers, but the few bad eggs amongst them continue to clog the wheels of justice and soil the reputation of the entire Judiciary.
I do not see any significant difference between indolent, ignorant and corrupt judicial officers. The resultant effect of their acts is injustice and/or miscarriage of justice, instead of justice. These bad eggs in the system should be identified, and exited from the Judiciary. An indolent and lazy judicial officer delays the administration of justice, and we always say "justice delayed is justice denied". The ignorant judicial officer misapplies the law based on lack of knowledge of the law, and the resultant effect is a miscarriage and denial of justice and/or injustice. The corrupt judicial officer misapplies the law for personal gain, and the resultant effect is injustice.
The best way to deal with erring judicial officers, is to ensure that whenever there is injustice and/or miscarriage of the justice, the judicial officer involved is sanctioned. This is the only way to deal with the bad eggs. When, in the face of obvious injustice, occasioned either by indolence, ignorance of the law or corruption, we ask the Parties to appeal, then we are encouraging the bad eggs in the system. Even after the appeals are determined and the injustice is identified, nothing happens to the bad eggs. In some cases, the bad eggs are even elevated to higher courts, because the system does not sanction bad judgements.
The recruitment process of judicial officers has improved, but still remains far from perfect. There is no perfect system anywhere in the world. The process must be constantly adjusted and improved, to ensure that only the best materials in learning and integrity are appointed into the Judiciary.
The electronic election process which you initiated by universal suffrage in your tenure as NBA President has continued to receive criticisms. At every election, some Lawyers say there is no fraud-proof guarantee that the vote casting process isn't compromised. To this extent, they say that the post-election audit doesn't lend itself to scrutiny. What is your take on this? Is there any room for improvement, or do you believe that these reservations are unfounded?
There is no option to universal suffrage and electronic voting, if we are to have a progressive and modern Nigerian Bar Association. We cannot have Lawyers who can vote at the National Presidential Elections to elect a President for Nigeria, but cannot vote to elect the NBA President. It is totally unacceptable. All Lawyers who have paid their practicing fees, must be entitled to vote to elect their Association's National Officers. The argument that some Lawyers are too young or so ignorant that they should not be allowed to vote, is offensive and insulting. Those pushing that narrative, should hide their heads in shame. Those against Universal suffrage, are the same people opposed to electronic voting.
Electronic voting is the best and most efficient way, to give full effect to universal suffrage in NBA elections. Lawyers have since the 2016 NBA elections been able to vote from the comfort of their homes, and have always elected National officers of their choice to lead the NBA. The NBA National Officers elections have been challenged in Court several times, and in all the cases the Courts have upheld the elections.
There has always been post-election audit, which is verifiable and transparent. The mode of the audit must always protect the sanctity of voters, for as long as we continue to have a secret ballot system. The electronic voting system allows contestants to easily determine those that voted for them, but the contestants appear to be too scared of the truth to take advantage of the system. When you vote electronically, the system usually provides you with an "e-voting confirmation" showing those you voted for at the elections. This "e-voting confirmation" can be sent by e-mail to the contestant to enable him collate his votes, and identify any alleged manipulation. The question that begs for an answer, is why have those alleging manipulation never attempted to collate their votes. They can even ask their "supporters" to send the "e-voting confirmation" to them, even after the election results have been announced.
The best candidates have won the last NBA elections since 2016, and we must all learn to accept the verdict and decision of majority of the members of our Association.
NBA Annual Conferences have always been criticised, either for inadequacies, shoddy preparation and inability of the Conference Planning Committee to deliver to meet Conferees' expectations. Many of us attend Conferences abroad, we don't ever witness the kind of embarrassing shortcomings that we see at NBA Conferences. In the recently concluded 2024 NBA-AGC, many complained that despite the high registration fees that they paid, no Conference bags were distributed. Therefore, some have strongly suggested that organising Conferences should be contracted to proper event planning companies to handle, like is done by the International Bar Association and Commonwealth Lawyers Association. Would you support such a move?
Our NBA conferences are getting better each year. The NBA Annual Conferences have been marked by constant changes and innovations, aimed at ensuring that our Conferences are better. The NBA Annual Conference usually has well over 15,000 Conferees each year, and the logistics of handling such a large number of Conferees is not an easy.
The best Event Planning Companies have always worked with NBA Conference Planning Committees in organising NBA Conferences for decades, so the thinking that they are required is not exactly correct. They are already actively involved.
The main issue for the NBA Annual Conference should be inclusiveness. We must give Lawyers from all Branches and various fields an opportunity to participate, not just as Conferees but also as Resource persons. The practice of re-cycling a few of our members in dual capacities as Organisers and Resource persons, needs to be addressed. The NBA is full of able and competent persons at all levels, and we should use our NBA Annual Conferences to showcase our Resource base. The practice of re-cycling the same persons each year, or bringing Lawyers from other jurisdictions in large numbers to our Conferences should be discouraged. Our NBA Annual Conference creates a national and global platform, and our members should be given the opportunity to use the platform to enhance the reputation and status of the NBA.
The issue of encroachment into our practice space in Nigeria by foreign law firms is one that hasn't been settled. It is still going on, and Nigerian Lawyers seem to be helpless. What do you suggest as a remedy to halt this ugly situation?
The practice of Law in Nigeria is regulated by the LPA. There appears to be a lack of knowledge of this simple fact in some quarters, and this has led to a seeming controversy. I believe the issue has since been nipped in the bud, and it is the Law in Nigeria that only persons authorised pursuant to the LPA can practice Law in Nigeria.
In your tenure as NBA President, you successfully organised a Conference of Bar leaders in Africa, which held in Lagos, and many African countries attended. Many who thought it would be an annual event have been disappointed, as there hasn't been any other one held so far, whether in or outside Nigeria. Were there any benefits from this your initiative? Should this be revived?
The NBA is the largest Bar in Africa, and we must continue to play a leadership role in Africa. It was in furtherance of our leadership position in Africa, that the NBA organised the African Bar Leaders Summit. The Summit was very successful. It afforded African Bar Leaders an opportunity to exchange ideas, and review issues and trends affecting legal practice in Africa.
The idea of a meeting of African Bar Leaders is evergreen, and I believe that another African Bar Leaders Conference will be organised in future.
What are your suggestions to the new NBA Ecxo, to move the Bar to a higher point of national relevance, and to meet the aspirations of Nigerians as the voice of the voiceless people? Many say that the NBA is not really performing the functions of a Bar Association
The NBA National President is a seasoned and trusted leader. He has served the Bar at several levels, and possesses the required experience to lead the Bar at this time. The other National Officers, have also mostly been involved at different levels of leadership at the Bar. The team is a good one.
Our expectation is that given the rich experience of the team, the NBA at this time will continue to fulfil its core mandate and objective of defending the rule of law in Nigeria, and providing for the welfare of all members of the NBA.
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I do not share the view that, the NBA is not performing the functions of a Bar Association. We must understand that the NBA is not an opposition Party, but an independent body of Lawyers that should work with Government to promote and protect the Rule of Law, while at the same time holding the Government accountable at all times for the benefit of the development of Rule of Law and justice for all in Nigeria.
Our President, Mazi Afam Osigwe, SAN, certainly understands and appreciates the role of the NBA, and I believe he will lead the NBA creditably well at this time. Our President has already shown his willingness to collaborate with Government for the benefit of Nigeria, but has also been critical of the Government on other issues affecting the Law and Nigerians.
Should pupillage be brought back to the profession, to enable young Lawyers to be groomed properly? Is Nigeria overproducing Lawyers?
I will answer in reverse order! Firstly, I do not think that with our population, we are overproducing Lawyers. Our current population figures indicate that we are currently about 200 million Nigerians, but the NBA has less than 200,000 Lawyers. This means there is one Lawyer for every 1000 Nigerians. These statistics show that, we are short of Lawyers in Nigeria.
Pupillage still exists in Nigeria. The concept of compulsory pupillage is what has been abolished. A large percentage of Lawyers just called to the Bar, prefer to learn the rudiments of the practice of Law through pupillage under senior Lawyers. The problem arises when having been called, they are unable to secure Law Firms for their pupillage. It will be most unfair to prevent them from practicing, just because they were unable to find pupillage spots in existing Law firms. We must also appreciate the fact that senior Lawyers and existing law Firms, are not under any obligation to accept juniors for pupillage.
The Body of Benchers has introduced a mentoring scheme, under which juniors who may not have had the benefit of pupillage are attached to senior Lawyers to mentor and guide them in their formative years in the profession. This is a very laudable initiative.
Kindly, comment on the state of the nation. It has been an extremely tough year for Nigerians. Should Nigerians hold on to 'Renewed Hope' for a better 2025?
The Country is generally going through tough times. There is insecurity in the land, hunger, infrastructural failure, an unfavourable foreign exchange rate, amongst a multitude of other problems. However, we must appreciate that these are not new problems, but mostly problems inherited by this Government from previous Governments.
These problems cannot be wished away, solved by a magical wand or be resolved in one year. There must be planning and concerted efforts to provide permanent solutions to these problems. We must therefore, remain patient with the current Government, to enable the steps they have promised to take, and those they have so far taken to address these problems, to yield the desired results.
I am optimistic that Nigeria will get better. We are blessed with abundant human and natural resources, and all that is required is proper planning and good Government policies to enable Nigeria achieve her full potential. I have hope and faith, for a better Nigeria.
Thank you for your time. I wish you, all Lawyers and all Nigerians, a Merry Christmas and a Prosperous New Year, 2025.
Thank you, Learned Silk. We wish you the same.
