PROTOCOL
Your Excellency,
Governor of Niger State State, the Honourable Attorney General of Niger State
and Commissioner of Justice, the Chief Judge of Niger State, members of the
Niger State Executive Council, National Officers of the Nigerian Bar
Association, NBA, Senior Advocates of Nigeria, Eminent Bar Leaders,
Distinguished members of NBA-National Executive Committee, members of the
Press, Ladies and Gentlemen.
PREFACE
Distinguished NEC
members, I welcome you all to this NEC meeting in the capital city of Minna,
Niger State. This is a statutory NEC meeting being the first NEC meeting of the
National Executive Committee of the 28th Presidency of the Nigerian Bar
Association, which I am honoured to serve as President. This gathering of NEC
members is in keeping with the quarterly meeting of this august body which
affords NEC members opportunities to meet with a view to addressing issues affecting
the NBA and the nation. NEC meetings also allow members of NEC meet to
network, share experiences and touch base with one another. This creates strong
bond of affection, compassion and a sense of belonging to our great
Association, the Nigerian Bar Association.
After months of
campaigns and final conduct of the NBA elections, your current National
Officers were elected On 31st July
2016. This election marked the beginning of a transition from the
administration of my predecessor in office to this current NBA administration
under my leadership. And so on August 26th, 2016, this administration was
inaugurated and we were sworn in to steer the ship of this great Association.
I have no element
of doubt in my mind that winning elections and being sworn in are not an end
itself, but the beginning of visionary leadership and delivery on campaign
promises. It is also the beginning of accountability in governance. It signals
a time when a leader is held accountable for his acts of omission and commission.
Nigeria is a
country where there is a huge deficit in accountability in leadership.
Accountability is the concept that lays down an expectation that in leadership
just like in governance, those in public office, who exercise authority on the
basis of public trust, must be answerable, blameworthy and liable. I
strongly believe that this administration will be accountable to the
National Executive Committee, NEC, Annual General Meeting, and all our members
because you and many others will be affected by our decisions and
actions. It is because of my readiness to be held accountable by
our members that I carefully chose the four cardinal programmes I
intend to implement as encapsulated in the 3RS &P.That is Regulation,Representation,Re-engineeeing
of the Bar and Public Interest.
OUR VISION AND PROGRAMMES FOR A BRAVE NEW BAR
Our vision and
programmes for a brave new Bar are encapsulated in our campaign manifesto. The
manifesto contains the agenda and priorities of this administration from
September 2016 to August 2018.
The vision of this
administration as set out in my manifesto is: “To reinvent the NBA into a brave
new bar driven by the knowledge and skills of its members as a veritable agent
for national transformation while safeguarding the interest of its members”.
With regards to our
programmes, they are anchored on four thematic areas as follows: 1. Regulation,
which deals with the restructuring of the regulatory framework of the legal
profession; 2. Representation in respect of enhanced welfare and representation
of our members’ interest; 3. Re-engineering in the area of institutional and
structural reforms of the NBA as an organization and 4.Public Interest in
terms of active pursuit of issues of National imperatives.
UNBUNDLING
THE VISION AND PROGRAMMES.
Our programmes as
enunciated above are known as “3s & P, and have been captured succinctly
and broken down in both my inaugural speech of August 26, 2016 and Bar Leaders
Summit speech of November 11th 2016.
My Learned colleagues, I respectfully
enjoin you to read both speeches and other working documents for today`s
meeting. A careful perusal of these speeches and the communiqué issued at the
end of our recent Bar Leaders Summit of November 11, 2016 shall afford you the
opportunity of not only understanding and appreciation of the future
direction of this administration but also supporting and following us on the
journey.
THE ADVOCACY
ROLE OF THE BAR IN THE PUBLIC INTEREST
Apart from the
regulatory and representative roles of the Bar, there is also a very important
role in the public interest. Over the years, the NBA has acquired a reputation
as being the conscience and mouthpiece of the people on issues relating to rule
of law, economic development, good governance, independence of the judiciary,
protection of fundamental rights, freedom of expression etc. We have discharged
this responsibility creditably and have been able to command the respect of the
people. Our spokesmen over the years have anchored their statements on due
process and the rule of law. When pronouncements are made rooted in these twin
principles, it only means that such statements are correct and true. At all
times, the Bar stands for the truth devoid of sycophancy and political
colourations. It is expected that the discourse of this NEC meeting will always
be predicated upon these principles. It is therefore necessary to attend NEC
meetings with renewed minds where principles and professionalism prevail over politics.
OUR
STEWARDSHIP: THE JOURNEY SO FAR
Distinguished
colleagues, in my inaugural address I had stated that the task at hand is
arduous. In the said address I re-affirmed my unwavering commitment to work
assiduously to pursue our programmes to the best of my ability and in line with
the NBA Constitution and objectives. I also promised to do so working
collectively with other elected National Officers with a high sense of
responsibility, honesty and integrity.
I want to reiterate
again that we will pursue our mandate with only one sole objective: promoting
the welfare and development of our members and the pursuit of the overall
national interest of our country. In order to achieve that objective, I can
say, without equivocation that this administration hit the ground running
immediately after inauguration. I have issued several press statements with a
view to intervening on national and public interest issues. I have also
attended and made speeches at ceremonial and valedictory court sessions in the
Supreme Court and Court of Appeal. I have also set up or constituted some
Committees and Task Forces to facilitate and drive some of our programmes.
Please permit me to mention some of our work so far.
SPEAKING ON BEHALF OF THE NBA : NBA PRESIDENT AS THE CHIEF
SPOKESMAN OF THE BAR
Distinguished
members of NEC, I started speaking for our noble Association immediately after
my inauguration as President. In discharging this duty, I have spoken on your
behalf in respect of many national and public interest issues. But there is a
disturbing emerging trend that I need to address: a situation where some of our
members and Bar leaders speak on issues I have already addressed with a view to
countermanding my statement and position. According to the NBA Constitution,
the President of the NBA is the sole and chief spokesman of the Bar. He does
not shirk nor share this cardinal and solemn responsibility with any other
National Officer, Branch officers or Bar Leader. This constitutional and
leadership responsibility has not only been made clear in the past, but was
even enunciated and passed as a NEC resolution at the NBA-NEC in Enugu in
December, 2009. What more can be stronger than a NEC resolution, apart from the
decisions of the NBA-AGM? Yet some NEC members go about in the print and
electronic media flouting the resolution of this august assembly. Recently,
several members of the Bar have made press statements contradicting and
countermanding the NBA President.
The procedure for
contradicting the President is to table the matter before NBA-NEC or AGM with a
view to obtaining a resolution to that effect. This is a mark of disrespect not
only to the office of the NBA President but to the NBA as an Institution. If
our NEC members can publicly countermand and contradict the President of the
Bar on NEC resolutions, how then do you expect ordinary citizens and
politicians to respect the views of the Bar? This situation is not acceptable,
and if not checked will ridicule the Presidency of the Bar. It is not about me.
It is about the institution.
Therefore, I call on this NEC with all the
Presidential powers I can muster, and according to the spirit, intendment and
letters of the NBA Constitution, to pass a resolution today that any NEC member
who contradicts or countermands the President of the Bar in the media shall be
suspended from NBA-NEC, once established. It is important to
note that once a NEC member by virtue of branch election or appointment, a
member does not have personal views on issues anymore.
A CALL FOR
THE REFORM OF THE ECONOMIC AND FINANCIAL CRIMES COMMISSION.
In my inaugural
speech referred to above, I had stated that the fight against corruption can
only be achieved if we do so with the framework of the rule of law and by
strong institutions. I stated that there was an urgent need to reposition and
strengthen anti-corruption institutions so as to confront the problems of
corruption on a consistent sustainable basis.
While commending
the efforts of the Economic and financial Crimes Commission, EFCC for the work
it has been doing and for its enviable record of achievement, I also called for
the reform of the EFCC itself. I stated as follows:
“We need to
define its mandate more narrowly and more clearly. In my view its broad
operations as an investigative and prosecutorial agency should be
reviewed. I recommend strongly that the EFCC be limited to investigation.
The decision to prosecute and conduct of the prosecution must be by an
independent highly resourced prosecution Agency. In addition, the EFCC and the
prosecution Agency must be secured from political interference in their
activities. There is absolutely no reason for it to report operationally or
otherwise to the presidency”
In response to my call
in the above statement, the EFCC issued a statement and reacted negatively to
my call for reforms and went as far as calling lawyers “rogues and vultures”.
It is important to note that I have no other agenda than to promote public
discourse and debate about our criminal institutions like EFCC and their
capacity to perform. The NBA Anti-Corruption Commission shall come up with
proposals and programmes in respect of these
reforms.
SPECIAL
SESSION OF THE SUPREME COURT TO MARK THE COMMENCEMENT OF THE 2016/2017 LEGAL
YEAR AND CONFERMENT OF THE RANK OF SENIOR ADVOCATE OF NIGERIA AT THE
SUPREME COURT OF NIGERIA.
On September 19th,
2016, I attended the Special Session to mark the commencement of the new legal
year and conferment of Senior Advocates of Nigeria. At the Session I delivered
a speech as required of me by the convention of such occasion. Permit me to
refer to a section of the speech that relates to the regulation of the legal
profession in Nigeria, which is as follows:
“It is not
only the judiciary that requires urgent reforms. Indeed the Bar is an eminent
candidate for reform. I am referring to the reform of the regulation of the
legal profession. The recent public concern about the profession has forced
many of us to think deeply on the current state of the legal profession and
indeed how the profession is being regulated. We realize that there is an
urgent need to interrogate the architecture of the regulation. This is
imperative if the legal profession in Nigeria is to be raised in sync with the
current international standard of the regulation of the profession. Many
countries for instance are moving away from the current model of self
regulation. A few have strengthened their Bar Associations or Law Societies to
combine the representative and regulatory functions. In my view this is a
conversation that is long overdue here. We must for instance interrogate the
capacity of the Body of Benchers to continue its regulatory responsibility. The
Body of Benchers currently comprise 240 members. Out of these, 99 are life
Benchers majority of whom do not attend the meetings of the Body due to age or
other exigencies. 72 are state Chief Judges and Attorneys General of States.
The NBA has 30 representatives. The remaining members are justices of the
Supreme Court and the President and Presiding justices of the Court of Appeal
Divisions, all very busy people. The question really is what sort of regulation
do we expect from a body comprising 240 members many of whom we can only expect
fleeting attention from?
Many
countries in the Common Wealth, though still retaining the ceremonial
responsibilities of the Benchers for admitting qualified persons to the Bar and
as custodians of the legal traditions and other formal powers, they have created
new and more effective institutions for the more arduous and increasingly
complex task of regulating the legal profession.
In the UK
for instance the Legal Services Act 2007 is a legislation of over 400 pages. It
defines the regulatory objectives to be achieved in the regulation of the legal
profession in the UK and establishes the Legal Services Board as the apex
regulator with the Bar Council and Solicitors Regulation Authority having
specific roles of regulating Barristers and Solicitors respectively.
My
postulation is that unless we take important and urgent decisions, the legal
profession in Nigeria will lag behind its other contemporaries in Africa and
indeed internationally. The legal profession is key to the next phase of
Nigeria`s development. Effective regulation of the legal profession is an
absolute pre-requisite for the development of the profession.”
My dear noble
colleagues, I have taken time to refer to this lengthy part of my speech
because it relates to regulation of the legal profession which is one of my
cardinal programmes. I believe that the reference will help throw more light on
the challenges of regulating the legal profession in Nigeria.
ARREST OF
JUDGES BY DSS: THE NBA POSITION.
You would recall
that sometime in October this year, the operatives of DSS invaded the
residences of some judges across the country, including some justices of the
Supreme Court, Judges of Federal High Court in Abuja and other jurisdictions.
These include Rivers and Gombe States. The Justices were taken into custody
after several hours of search. It is worthy of note that the DSS held a press
conference after the operations justifying its actions and described the
operations as series of sting operations on the basis of allegations of
corruptions and other acts of professional misconduct by a few of the suspected
Judges.
We promptly
rejected the DSS explanations and justifications. We have since condemned the
actions of the DSS declaring the operations illegal, unconstitutional and
without due process.
Restating the
position of the NBA on the arrest of judges in my speech delivered at the
valedictory court session in honour of Justice Suleiman Galadima, I stated as
follows:
“I want to
reiterate that the position of the Bar Association is not aimed at protecting
any Judge. We are not also shielding any Judge from investigation from charges
of corruption. The resolve of the NBA on the fight against corruption is
unwavering. . . . The NBA reiterates its demand that the DSS must be restricted
to its constitutional and statutory duties. Its core mandate is guaranteeing
internal national security. It is not its duty to conduct police investigation
or arraign and prosecute cases of corruption. It is not its responsibility to
conduct sting operation on judges for corruption or professional misconduct in
the middle of the night. . . . I call on My Lord the Chief Justice of Nigeria
to immediately take necessary and urgent steps to set in motion the process of
cleansing the system. On our part will continue to lend our full support to
this process. I urge our members to remain resolute and united on this. We must
speak with one voice. This is not the time to be divided.
Distinguished NEC
members, it is important to note that the arrest of Judges by the DSS not only
generated a lot of national and international reactions, but also generated
accusations and counter-accusations between some of the Judges and other
personalities and Agencies. Consequently we called on the National
Judicial Council, NJC to take very urgent steps to safeguard the public image
and sanctity of the courts. In addition to calling the NJC to action, we have
gone further to recommend that the affected judges should step aside from
sitting and performing their judicial functions pending the determination of
the allegations against them to safeguard the sanctity of the judiciary.
On the need for the
judges involved to proceed on compulsory leave until their innocence is
established, I stated in my speech at the valedictory court session
of the Court of Appeal in honour of the retirement of Honourable Justice
Sotonye Denton-West as follows: “ We
therefore strongly recommend that, without prejudice to the innocence or
otherwise of the judges involved in the ongoing investigations they should be
required to recluse themselves from further judicial functions or required to
proceed on compulsory leave until their innocence is fully and completely
established or until the conclusion of all judicial or disciplinary
proceedings. We believe this is necessary in order to protect the sanctity and
integrity of judicial processes that may involve the judges concerned and
safeguard the public images of the institution”
I am happy to note
that the NJC has already directed the Judges involved to step aside until the
determination of the case. Also some of the Judges have since been charged to
court.
I have already set
up a Crisis Management Committee of the NBA comprising all Past President and
Past General Secretaries of the NBA to manage the crisis precipitated by the
arrest of judges.
Apart from
constituting a Crises Management Committee, I also convened a meeting of Bar
Leaders comprising Past NBA Presidents and General Secretaries, Past Attorneys
General of the Federation and current Attorney General of the Federation, and
Secretary of NJC. The Bar Leaders reviewed carefully the developments after
listening to the detailed briefing from both the Attorney General of the Federation
and the Secretary of NJC. I am happy to inform NEC that one of the outcomes of
the Bar Leaders meeting was to set up a Task Force to review the developments
and come up with clear, specific recommendation on how best to clean up the
nation`s judiciary and rebuild confidence of Nigerians in our courts. I am
still expecting the report of the Task Force headed you past President of
the Nigerian Bar Association,Dr.Olisa Agbakoba,OON,SAN.
We shall continue
our consultations and engagements. We shall be coming up with recommendations
which we will pass to NJC and the Federal Government.
I want to use this
opportunity to assure all our members that we shall not only ensure at all
times in this case that due process is followed but we shall also insist on
compliance with the principles of rule of
law.
BAR LEADERS
SUMMIT.
On November 11th, 2016 I convened a Bar Leaders’ Summit
to deliberate on the challenges facing the Nigerian Bar Association at this
time and articulate on the future of the legal profession in Nigeria. The
summit provided an opportunity to exchange ideas, articulate our views, and
make recommendations as to the best practices of leading a 21st century progressive Bar. There were
also suggestions in respect of strategies on how to ensure continuity and
consistency of programmes and policies in NBA.
The Bar Leaders`
Summit came up with a report and a communiqué. The report and communiqué
of the Summit are part of the bundle of documents for this NEC meeting. I
enjoin you to study them.
Dear noble NEC
members I ask that you approve the recommendations in the Bar Leaders` Summit
communiqué for immediate implementation, including the development of a
comprehensive strategic plan for the NBA.
ADHOC
COMMITTEES AND TASK FORCES: WHAT WE HAVE DONE
Ladies and
gentlemen of NEC, it could be deciphered from the foregoing that this
administration has been very busy working hard since immediately after
inauguration. In order to carry out our assignments some platforms like adhoc
Committees and Task Forces were established to facilitate the work. To this
end, this administration has inaugurated the following Adhoc Committees and
Task Forces in view of the nature of their work and the urgency of their
assignments vis-Ã -vis national developments.
The said Committees
and Task Forces are as follows:
1. Stamp & Seal Committee
2. Crisis Management Committee
3. Task Force on Arrest of Judges and Judicial
Reforms
4. NBA Task Force on Insurgency &
Reconstruction of the North East
5. NBA Task Force on Niger Delta Crisis.
These committees and Task Forces have already done
extensive work in compliance with their terms of reference. I request this NEC to approve these
Committees and Task Forces as already constituted and their membership because they were set up on the basis
of anticipatory approval due to the urgency and important nature of their mandate.
BUILDING PARTNERSHIPS
Since assumption of office, this administration has
been building collaborative relationships with Justice Sector Institutions, Bar Associations, International
Organizations, and Development Partners. This we have done by embarking on courtesy visits and having
bilateral meetings. We have also met with the Representatives of United Nations and European Union in Nigeria.
Learned colleagues, I am happy to announce to you that
on behalf of our National Officers, I led a
delegation of your National Officers and eminent Bar
Leaders on courtesy visits to the Offices of the Vice President of the Federal Republic of Nigeria, Prof.
Yemi Osibajo SAN and the immediate past Chief Justice of Nigeria, Honourable Justice Mahmoud Mohammed.
CONSTITUTION OF COMMITTEES, GOVERNING COUNCILS,
COMMISSIONS, TASK FORCES, WORKING
GROUPS.
Learned colleagues, it goes without saying that
Committees, Governing Councils, Task Forces are
veritable and essential platforms for the success of a
Bar Association like the NBA. These platforms are key to effective and efficient service delivery as it
is not possible for the National Officers or National Secretariat to deal with all activities and functions
of a Bar Association. Also the use of Committees and other Bodies allows lawyers who have interest and expertise in a
particular area to focus on those areas.
In view of the
foregoing, this administration proposes to set up various platforms for
successful and
smooth running of
the Association. I ask this august body to approve the constitution of the
following Committees,
Committees, Governing Council, etc. They are as follows:
1. Judiciary Committee
2. Rule of Law Action Group
3. 2017 Conference Planning Committee
4. NBA Institute of Continuing Legal Education
Governing Council
5. NBA Human Rights Institute Governing Council
6. NBA Anti-Corruption Commission
7. NBA Welfare Committee
8. NBA Election Working Group
9. NBA Women Forum
10.
NBA Women Forum
11.
NBA Academic Forum
12.
NBA Young Lawyers Forum
13.
NBA Section on Public Interest & Development Law.
14.
NBA Legislative Advocacy Commission
15.
NBA Committee on Regulation of the Legal Profession.
I request you to approve the setting up of the
Committees, Governing Councils, etc as listed above, and allow me the discretion and latitude to populate the
Bodies with the appropriate names thereafter.
FINANCIAL
RESPONSIBILITY & 2016/2017 NBA BUDGET
Ladies and gentlemen, without financial planning and
accountability, a Bar will certainly fail to function. Therefore to ensure fiscal responsibility in a Bar, it
is expected that an annual budget is presented to the
appropriate authority for approval. The budget will
ensure that members are aware of how funds are to be allocated and provide legitimacy for the
expenditure. It also assists Bars in planning for the year ahead. Further, the production of a budget assists
Bars in identifying whether more funds need to be raised. Budgeting allows Bars to identify areas where other fundraising
activities may be required.
Perhaps most importantly, production of a budget for
presentation to members is crucial to creating an accountable and democratic Bar. It allows members to have a say in how
funds are to be allocated.
It is for the
foregoing reasons that the NBA National Treasurer shall present the 2016/2017
NBA Annual Budget of this administration to this august meeting
for your consideration and approval. I respectfully ask you to consider the budget and approve it before
the close of business today. I assure you that this administration under my watch will always ensure the
observance of fiscal responsibility in handling our finances. All NBA funds shall be prudently spent and
accounted for.
On a personal note I pledge without sounding immodest
that I shall not use or spend NBA funds even on my official assignment as NBA President. I shall bear
all expenses for both my local and international assignments in Nigeria and outside Nigeria.
THE NBA NATIONAL
SECRETARIAT AND OFFICE OF THE NBA PRESIDENT.
The Nigerian Bar Association has grown into a
behemoth. With a membership base of over 150,000 lawyers, it has 120 branches spread across 36 states
and Abuja. It has a large NEC membership, 3 Sections, 6 Fora, and 2 Institutes, over 20
Committees, Governing Councils, Task Forces, Commissions, etc. Regrettably this huge organization is supported
by a National Secretariat with a high level of capacity and skills deficit.
The roles and responsibilities
of the NBA have increased over the years. Also Nigeria is a developing country with many public interest challenges. To
successfully manage the huge NBA structure, regulate and represent the ever increasing number of lawyers,
and tackle all the public interest issues, there is need to have a much professionalized National
Secretariat of the NBA. The capacity and skills gap in the National Secretariat is huge. The time has come to bridge the gap.
To fulfil its set objectives, the NBA needs an
effective, efficient, and professionalized National Secretariat that can respond to the needs of our members and the
public. That is why Professionalization of NBA National Secretariat is one of the cardinal agenda of
this administration. This programme is borne out of my desire to enhance the institutional and operational
capacities of the National Secretariat. To achieve this institutional development, this administration
proposes to conduct a needs assessment after which the National Secretariat shall be totally restructured
and strengthened with the appropriate human capital and internal governance structure.
Apart from benchmarking the NBA National Secretariat
against other Bars and Law Societies like the IBA, ABA and Law Society of England, and Law
Society of South Africa, we propose to entrench international best
practice in the governance of the National Secretariat.
I am happy to announce that I have already
strengthened and restructured the Office of the President of the NBA to function optimally. While the Office of the
President shall have the responsibility for policy formulation, programme development, and strategic
direction, the National Secretariat shall be responsible for implementation.
The responsibilities and functions of the NBA
President have increased at the same rate as the growth of NBA. There are always voluminous reports, memos,
policy documents, proposals, concept papers, briefing notes, speeches, and many more public
interest and national issues that require urgent presidential consideration and approval. Hence the
urgent need for restructuring and proper documentation. Part of my agenda in this regard is to
build an internal structure that will ensure smooth hand over and transition from one administration to
another. An NBA President should be able to hit the ground running immediately after inauguration instead
of groping in the dark for information and direction in the National Secretariat.
It has become urgent and important to upgrade the
internal governance and institutions of the NBA.
The answer is to professionalize all our institutions
of governance. There is no other way out. It is either we professionalize or we continue to previcate in the
sea of doubts . I therefore call on our members to eschew politics and embrace professionalism.
We shall keep NEC
updated as to future developments in respect of the professionalization
process
especially as
regards the names and functions of the Directorates we propose to create.
STRATEGIC PLAN.
A strategic plan determines the direction an
organization is going over a specified period of time, how it is going to get there and how it will know if it has
arrived there or not. It is important to note that
strategic planning is important to an organization.
Strategic planning allows an organization to identify
goals and objectives. It aims to achieve over a period
of time, thus facilitating it to focus its time,
attention and resources on specific priorities.
Bar Associations
have found that a strategic plan can assist in articulating a realistic vision
and provide a framework from
which operational plans can be derived. Further, it provides a framework to
position an organization to
address its aims and objectives and serves to chart a clear direction for an organization.
Strategic planning further encourages financial
planning as organizations must consider how funds will be raised and allocated for planned activities.
A strategic plan is essential to achieving a more
focused, efficiently run and accountable organization.
This is particularly important in the case of Bars
because their objectives often include serving their
members and the public The process can allow greater
accountability to members, the public and other stakeholders, and ensure the Bar is focussed on
specific goals and objectives, and knows exactly how, as well as timeframe within which, it is to achieve
these. A strategic plan ensures continuity of policies and programmes.
To this end the NBA under my leadership proposes to
develop a strategic plan for the NBA. It is expected that a draft strategic plan shall be presented to the next NEC meeting
for consideration and approval.
CONCLUSION
promote the Rule of Law. There is a lot of work
to be done. I invite all of you to join this administration so that together we
can get the job done. No one has a monopoly of knowledge and exclusive
answers to the challenges we face. I wish you fruitful deliberations.
Thank you for your attention.
Abubakar Balarabe Mahmoud, OON,SAN
President, Nigerian Bar Association
24th November,
2016
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