Day lawyers set agenda for 2023 – See details

By Adeleye Kunle

The participation of five presidential aspirants at the Nigerian Bar Association (NBA) 62nd Annual General Conference (AGC), which ended last Friday, not only highlighted the association’s ability to influence national discourse, but gave Nigerians a peep into what to expect from whoever wins the 2023 general election. Leading lights of the Bar and Bench reflected on the state of the legal system. But scenes of looting and vandalism by lawyers at the Eko Atlantic venue, mocked by many, burst the bubble of the profession’s claim to being ‘learned’. ADEBISI ONANUGA, ROBERT EGBE, CHINYERE OKOROAFOR and ANN AGBI were there.

There was no better example of the Nigerian Bar Association (NBA)’s potential to influence national discourse ahead of next year’s general election than its 62nd Annual General Conference (AGC) and Annual General Meeting (AGM), which ended last Friday. It featured the physical and virtual participation of about 16,000 lawyers, the highest in the NBA’s history.

According to official entries, the country had produced 197,105 lawyers as of July 2021.

The theme of the event, which held at Eko Atlantic City, Victoria Island, was: Bold transitions.

The event attracted leading presidential aspirants in the 2023 elections, Bola Ahmed Tinubu of the All Progressive Congress (APC) who was represented by his vice, Kassim Shettima, Abubakar Atiku of the Peoples Democratic Party (PDP) and Peter Obi of the Labour Party (LP). It also featured Social Democratic Party (SDP) presidential candidate, Adewole Adebayo, a former Chief Judge of Anambra and presidential candidate of the All Progressives Grand Alliance (APGA), Prof. Peter Umeadi, and Dumebi Kachikwu of African Democratic Congress (ADC).

Others included leading senior lawyers while prominent international author and multiple award winner Chimamanda Ngozi Adichie was the keynote speaker at the one-week event.

First issues-based presidential campaign

Notwithstanding a warning by moderator Dr. Olisa Agbakoba (SAN) that the event was not for electioneering and vote canvassing, the AGC opening ceremony first breakout session last Tuesday provided Nigerians an opportunity to witness perhaps the first issues-based campaign by the presidential candidates.

The candidates not only had a valuable civil exchange on the multifaceted problems confronting the nation, they also sold their ideas on how to solve them, to a live, nationwide audience on traditional and social media.

Shettima used statistics to substantiate his assertion that security can be improved if the Nigerian defence budget was increased.

He said his and Tinubu’s ticket remained the best because of their skills, capacity and past achievements in office.

The ex-Borno governor said what was imperative for a Nigerian leader of the new dispensation was to have a mastery of financial management capability; good understanding of the Nigerian psychology; and firm understanding of the complexities of the Nigerian nation.

“You have a city boy who has transformed Lagos into a home for all. Asiwaju Bola Ahmed Tinubu has established a track record of performance. He has mentored men and women who are excelling in different fields of human endeavours,” Shettima added.

Atiku revealed that he had empanelled a committee to draft an amendment to Nigeria’s Constitution that would largely address issues of structural deformities in the country.

According to the former vice president, the level of disunity in Nigeria is unprecedented, lamenting that the country has become more disunited today than it has ever been since 1999.

He added: “In my brief introduction, I stated that there are five key areas that any leadership must tacckle. Forget about the party, any leadership must confront these five issues and I enumerated them. The unity of our country is very fundamental and how we achieve the unity of our country is by making sure that we give every part of this country a sense of belonging.

“Somebody asked me how do you give every part of this country a sense of belonging, I referred them to the situation we found Nigeria in 1998 and 1999. As a party, PDP won overwhelmingly. We could go on and form our government just based on our maturity, but we decided that every political party must be part of our administration.”

On his part, Obi declared that Nigeria was in a mess and more disunited, pointing out that the 2023 election would not be based on tribal or religious sentiments, but on character and competence. The former Anambra State governor said Nigeria needed urgent transition from a highly-insecure country to one that is secure and free from corruption.

He stated that it was important for Nigerians “to look at where we are today, to understand the gravity of the journey we are going to take if we are going to transit.”

Obi also added that the country’s challenges have gotten so bad that the 2023 election would not be about religion or tribe, but about who has the character and competence to deliver the country from its current mess.

Days after and perhaps much longer after that, echoes of the AGC will linger in Nigerians’ memory, and not just for the social media buzz over Shettima’s suit, tie and gym shoes attire which some netizens found odd.

A country starved of heroes

Award-winning writer Chimamanda Ngozi Adichie lamented that Nigeria was starved of heroes to mentor its citizens, particularly the youth.

She said: “We are starved of heroes. Our young people do not find people to look up to anymore.”

The author of “Half of a Yellow Sun” called on Nigerians to embrace self-criticism and untangle the knot of injustice so that peace and good governance would thrive.

She said, “There is a need for resurrection. We cannot avoid self-criticism, but criticise the government. We cannot hide our own institutional failure while demanding transparency from the government.”

Naira rain for female NBA footballers

Meanwhile, the author mobilised participants at the event to raise over N3 million for the female NBA team. In her address, she noted that there was “injustice” in the monetary compensation which the male and female NBA teams would receive in the football competition.

After her speech, several personalities, including the Director-General (DG) of the Bola Tinubu Presidential Campaign Organisation, Governor Simon Lalong of Plateau State, and the Minister of Works and Housing, Babatunde Fashola, donated to raise the prize money of the female NBA team to N3.2 million from the initial N200,000. The winning prize for the male team was N500,000.

Change of baton

Olumide Akpata, former NBA president formally passed on the baton of leadership to his successor, Yakubu Chonoko Maikyau, SAN, last Friday.

In his inaugural address, Maikyau, who is the NBA’s 31st president, promised to make service and the cause of justice the pillars of his administration. He also urged the Federal Government to show commitment to the protection of lives and properties.

The appeal came against the background of the spate of banditry, kidnaping, cattle rustling and killings bedevilling the country.

His words: “The Nigerian state is passing through perilous times. There is the insecurity challenge and the situation appears so overwhelming. Many Nigerians live below poverty line. There has been no time that Nigerians have looked towards the Bar than now.

“Nigerians have been so terrorised, pauperised and what is left of this country is the voice of the legal profession. This voice must speak against the terror in the land and this is the charge that my administration would spare no one,” he said, adding that Nigerians are eagerly awaiting the manifestation of members of the bar to salvage the nation.

Maikyau’s NBA plans

Maikyau also unveiled his plans for the Bar and Bench in his two-year tenure.

He promised members of the association a better and improved welfare package.

“I’ll ensure that I give welfare packages to all our members. My administration will build on what my predecessors have done. I will uphold and build on decision-making processes, create employment opportunities for young lawyers, improve and encourage health insurance for all members, deal with sexual harassment of female lawyers.There’s nothing that will deter me from continuing in what our fathers have laid down,” he said.

He warned aspirants in the 2024 NBA election that they would be “disqualified” if they induced branches or branch chairmen, while such branches and individuals would also be sanctioned. He stated that this was geared towards minimising the cost of NBA elections.

Maikyau spoke under many sub-themes, including “The task ahead and my call to members of the legal profession; State of the nation; The 2023 General Elections, Welfare of lawyers; lawyers’ remuneration; Law officers, legal aid officers and lawyers in public service; In-house counsel and lawyers in business, and NBA Employment Bureau, NBA law firm/institutional mentorship partnership, Professional conduct and discipline, Independence of the judiciary, Institutional and governance structure, Legal education reform, NBA sections and fora, Rule of law and the administration of justice, and Electoral reforms.”

NBA must show leadership traits, speak for lesser members of society

In his handover address, Akpata urged the association to rise in defence of the judiciary. He said where judges were not able to speak for themselves because of the position they occupy, the NBA should be prepared to stand up for the judiciary.

He urged the association not to give up on the issue of having senior lawyers elevated to the position of Justices of the Supreme Court as was being done in other climes.

Akpata further said that there was the need to have senior lawyers who have the knowledge and experience at the highest court of the land, “stressing that their knowledge and wisdom were indispensable.”

He urged Maikyau to dialogue with the CJN and National Judicial Council (NJC) on the issue.

Bench, Bar relations

President of the Court of Appeal Justice Monica Dongban-Mensem, who was represented by Justice S. Saidu, said she looked forward to a healthy work relationship between the Bench and the Bar.

She advised Maikyau to use his office to restore the good image of the judiciary and the country.

How the judiciary is undermined

During the breakout session on the topic “Consequences of undermining the judiciary under democracy”, organised by Nigerian Bar Association Section on Public Interest and Development Law (NBA-SPIDEL), which was moderated by Monday Ubani, activists Femi Falana SAN, Chief Mike Ozekhome SAN, and Convener, Access to Justice (A2J), Joseph Otteh, blamed lawyers, judges, and politicians for being responsible for undermining judiciary

Judges frustrate judicious representation by lawyers

Falana alleged that the courts had not allowed lawyers to represent their clients confidently and judiciously.

He said the courts give attention to political cases over cases of thousands languishing in detention, adding that only cases of the rich and politicians were attended to speedily.

To buttress his position, he cited the case of the deposed Emir of Kano, Lamido Sanusi.

He said his case over deposition was filed, processed, assigned to a judge, heard and judgment given same day.

He noted that it was not possible for a common man to achieve that in the country.

Senior lawyers’ cases must not be the first at all times

Falana urged judges to learn to manage cases before them, saying the procedure where cases of senior lawyers were heard first in court must stop.

“Our judges must learn to manage their courts if we must ensure speedy dispensation of cases. I see no reason why the provision in the Legal Practitioners Act that allow cases of senior lawyers to be heard first in court must continue.

“We must stop it and adopt more efficient ways of freeing the court docket,” he said.

Falana, citing several instances, also blamed lawyers for not using the law and precedents to fight their cases and causes in court.

Why judges don’t deliver fair judgments

Chief Ozekhome, who was one of the panellists at the breakout session, said the nation’s judiciary was in a quagmire.

“Judges are afraid to deliver fair judgement because government is on their neck. This is because the executive dictates the pulse and the judiciary is hopeless.

“The judiciary itself, particularly judges, put manacles on their feet where none exist. They want to obey the executive even when the executive is saying don’t obey me.

“They forgot that judgment must be respected. They denied litigants who are judgment creditors the fruits of their labour”, Ozekhome said.

He questioned why a judgment creditor must go through the attorney-general to enforce a judgment.

Falana said this factor was one of the consequences of undermining the judiciary under the country’s democracy. He however held that the judges must be given independence to operate unfettered.

Overcrowded dockets, barrier to access to justice

Otteh, the Executive Director, Access to Justice, said a host of factors limited the functionality of justice in the court.

He identified overcrowded dockets, escalating cost of filing and accessing justice as major barriers to accessing justice.

He said the courts were not responsive enough to the issue of people having access to the courts.

“We are still paper-driven which is labour intensive and we are not prepared enough for another pandemic.”

Otteh frowned at delays trailing cases, attributing the development to transfer of judges without adequate preparations.

“Our judges really fail to exercise the courage they need to display when they face challenges like impunity from the state.”

He said: “If the judiciary cannot faithfully exercise their authority, the judiciary will be undermine.”

Decongest correctional centres

Dr. Uju Agomoh, director, Prisoners Rehabilitation and Welfare action (PRAWA), wants the judiciary to use its power to stop overcrowding in custodial centres.

She was particular about controlling the rate of reception into custody and duration of inmates in prison.

She urged lawyers to embrace the legal instrument for prison reforms in their practice to overcome the challenges besetting correctional service.

How lawyers, courts aid money laundering

During the breakout session on the topic “How corruption fuels Insecurity and Bad Governance: The Role of Lawyers in Tackling Corrupt Practices in Nigeria”, Chairman, Independent Corrupt Practices and Related Offences Commission (ICPC), Prof. Bolaji Owasanoye, bashed lawyers for aiding money laundering and abetting corruption.

Owasanoye, a discussant at the event, expressed indignation that lawyers acted as middlemen for suspects in most money laundering and corruption cases.

He cited a case under investigation during which the money involved was traced to the account of a lawyer.

“When we got to the account, the looted money has been further transferred to so many accounts in an effort to frustrate investigation”

In the case of courts, the ICPC chairman said the courts issued orders stopping anti-corruption agencies from investigation and making arrests.

“The biggest culprits are senior lawyers and it is a matter of regret that the NBA is not doing anything about it.”

Budget padding

Owasanoye disclosed that every year, a lot of phantom projects were included in the budget.

He noted that where the money involved iwas in small bites, it was not easily discovered but when in large bites, they were easily discovered.

“What we do at ICPC is that we take the budget, we break it down and bring out the padded amount,” he said.

Senior lawyers get bashing for corrupting judicial officials

Chairman, Civil Society Against Corruption, Olanrewaju Suraju, noted that senior lawyers were in the habit of defending corrupt politicians.

Suraju berated senior lawyers for not defending the rule of law.

“They are agents of money laundering and they undermine the legal profession.

“These lawyers allow corruption of judicial officers and judges to the extent that some lawyers in opposition are abused by court clerks,” he said.

The event was witnessed by Bar leaders, lawyers and dignitaries including Kebbi State Governor Abubakar Atiku Bagudu and the Chairman of the Economic and Financial Crimes Commission (EFCC), Mr. Abdulrasheed Bawa.

Also present were former NBA President Mr. Augustine Alegeh, SAN; Past Presidents Mr Paul Usoro, SAN and Mr. A.B Mahmoud, SAN.

Lawyers’ show of shame over bags

The flying colours the NBA Technical Committee on Conference Planning (NBA-TCCP) for NBA-AGC 2022 should have received for planning and logistics arrangements, were marred by an incredible incident.

Lawyers, last Tuesday, looted the conference materials collection centre over delay in getting their conference bags. Nigerians watched videos of the event in disbelief, as lawyers fought and vandalised the Eko Atlantic Conference registration centre.

They also stole phones

Akpata, who described the event as a disgrace, said: “The registration centre for the collection of materials by delegates at the ongoing Annual General Conference was broken into, vandalised, and looted by some delegates last night, with most of the conference materials carted away and lawyers/registration officers injured.”

Akpata added that it was “a national embarrassment as some of our members conducted themselves in a most-despicable manner not expected of members of the profession.”

He said lawyers found culpable would be prosecuted.

Addressing the matter during the conference session last Thursday, Akpata said anyone found complicit would face the consequences.

“I hereby assure the generality of Nigerian legal practitioners that any lawyer found complicit in the vandalisation of conference booths, theft of phones, assault on officials will be prosecuted,” he said.

He said the reason for the delay in the distribution of conference materials was because of the low quality bags supplied.

“No one said we will not encounter difficulties in life but the hallmark is how quickly we resolve such difficulties,” he said.

Child-friendly AGC excites delegates

The TCCP received kudos for not only providing a creche facility at the conference venue but also for making the facility conducive and child-friendly.

A number of women delegates interviewed at the conference venue on August 24, said the creche facility lived up to expectations as it afforded mothers who came with their babies the opportunity to attend the conference activities without much distractions.

The idea of the creche facility was first introduced at the 2021 NBA Annual General Conference in Port Harcourt, Rivers State.

Prof. Oluyemisi Bamgbose, chair, NBA Women Forum (NBAWF), commended the 2022 TCCP for sustaining the idea, saying it benefited many women lawyers at the conference who would ordinarily have been worrying about what to do with their babies.

“For the men, they would just get up in the morning and come for the conference, but for most women, they would think, what do I do about my baby? What do I do after school? What about school run? And in-between the conference they are running up and down, but with this creche, they can now bring their babies,” Prof. Bamgbose said.

“I personally listened to some women and they found it commendable. And I visited the creche. I want to say it was beautiful,” she said.

She lauded the women at the creche who took care of the children, saying they were very professional in their approach.

“They were singing nursery rhymes, as they were rocking the babies to sleep. The environment was also clean and there was security as well,” she said.

Mrs. Oluwatobi Olaifa, a parent, who took her daughter to the creche while she attended the conference activities, was full of praises for the NBA.

She said: “When I took my daughter to the creche, the environment was neat and very child-friendly. We were duly registered and I was given a time to come and pick up my daughter. I was happy when I returned and saw my daughter, she was feeling very relaxed.”

She, however, suggested the extension of pick-up time for children beyond 4pm.

Ms. Tola Adeyelure, the NBA creche facility administrator, said they received glowing recommendations and referrals, adding that the atmosphere and the space provided for the creche was very conducive. She also commended the organisers for providing refreshments and other needs for the children.

The conference, which kicked off on August 19, ended on August 26.