Issues of national interest were discussed at the 55th NBA General Conference, from August 21 to 28. Senior Correspondent, ONYEWUCHI OJINNAKA, recaps some of the issues.
The 55th Nigerian Bar Association (NBA) Conference 2015, has come and gone, leaving the echoes behind. It was an avenue for lawyers to hear hard facts, both from within and without.
At the commencement of the conference, an Abuja-based lawyer Michael Opeyemi Bamidele had in his article stated: “To continue to be relevant, Nigerian lawyers must recognise the current mood of the nation and be ready to identify with, and drive the anticipated reforms in different sectors, and this must be a major item on the agenda of the Annual General Conference.”
The conference commenced on a good note with the presence of President Muhammadu Buhari, Vice President Yemi Osinbajo and the Chief Justice and President of the Supreme Court of Kenya, Dr. Willy Munyoki Mutunga, among other personalities. President of NBA, Augustine Alegeh, a Senior Advocate of Nigeria (SAN), was the chief host.
In his address to lawyers at the opening of the conference, President Buhari expressed the need for lawyers to shun corruption and nepotism, adding that lawyers should not sacrifice the integrity of the country’s legal system to cover the misdeeds of their clients.
Also in his keynote address, Mutunga asked if judiciaries all over the continent contribute to social transformation in Africa; a question he answered in the affirmative, saying that law plays a vital role in social transformation.
Drama
After the opening ceremonies, the conference broke into sessions. A lot of issues were discussed and some unexpected drama was staged. One of such drama was the protest staged by lawyers from Rivers State who were not happy over the selection of former Governor Rotimi Amaechi of Rivers to co-chair a session with Governor Adams Oshiomole of Edo State. Their grouse against Amaechi was that he messed up the judiciary in Rivers while he held sway as governor.
Aside the protest, other contentious issues discussed at the session level in which papers were presented by some recognised lawyers hinged on the practice of the legal profession, ethical reforms, lawyers in the classroom and lawyers in full practice, lawyers in public service, opportunities for lawyers, role of the bar, petition writers, fundamental rights of individuals and anti-corruption war.
On anti-corruption war, lawyers were asked to concentrate more on pushing for justice rather than for money. In the same vein, judges were urged to assert their independence while sitting on the judgment seat. The process of appointing judges was not left out during the sessions.
Members of the NBA, who were governors, gave account of the role they played while serving as states’ chief executives. Issues of NBA membership, registration and election of officers featured at the conference.
Among other salient issues discussed at the conference was how to uplift the performance of lawyers through capacity building such as seminars/workshops and retraining of lawyers.
In this regard, the chairman of NBA Section on Business Law (NBA-SBL), Asue Ighodalo, pledged to ensure that lawyers are exposed to workshops and seminars to enhance their performance and ability in the practice of the legal profession.
To further enhance their capacity, he said, SBL had set up a committee dedicated to training, with Adeoye Adefulu as chairman.
The committee was also charged with the role of identifying the training needs of SBL members, particularly the younger wigs.
“One of the things we found out of the section on business law is that we need to improve our database. We need to get more members involved and include more members in our programmes and events,” he said.
The NBA-SBL, in its report of activities to the National Executive Council (NEC) for 2014 and 2015, said its council has not relented in efforts at increasing its active membership and diversifying their membership profile.
“We are also working diligently regarding revenue generation by organising seminars and also through membership subscriptions. Indeed, I am seizing this opportunity to invite interested NEC members and our other colleagues to join the section and actively participate in our programmes.”
Consumer rights
In one of the sessions, a human rights lawyer, Ebun-Olu Adegboruwa, delivered a paper on Consumer Rights Protection (CRP) where he implored Nigerian consumers to seek redress at the courts whenever their rights are infringed upon, stating that protection of consumers’ rights is enshrined in the constitution.
In his paper titled ‘The Challenges of Consumer Rights in Nigeria: A Case Study in the Telecom and Power Sectors’, he said: “Every consumer’s right has been protected under the law, and as such if any consumer has the belief that a company or merchant has violated or infringed upon any of his or her rights by abusive and fraudulent business practices, he or she should not hesitate to seek legal advice from a lawyer and possible redress where needed.
“Under the 1999 Constitution of the Federal Republic of Nigeria (as amended) Sections 35 and 42 provide for fundamental rights to liberty and protection from abusive practices in any form or manner from the rendering of goods and services to consumers. These rights are also protected by The African Charter on Human and Peoples’ Rights (ACHPR) ratified by Cap A9, Laws of the Federation of Nigeria, 1990.”
The issue of whether law teachers should practise in court generated heated debate. It was a stormy session, as lawyers argued on the legal and constitutional rights and obligations of lawyers in public service.
Reforms
Some of the NBA reforms such as the ‘Stamp and Seal’ projects and barring lawyers in paid employments as well as law teachers from law practice were strongly criticised.
NBA General Secretary, Afam Osigwe, put up a spirited and passionate effort to justify the reforms. “I want to be very blunt with my colleagues and tell them the truth not minding whose ox is gored. You cannot have your cake eat and it. You cannot earn regular income and still come to court to contest briefs with those who have no regular source of income.”
He insisted that law teachers and other lawyers who are in paid employment should not practise other aspects of law. He buttressed his stance by saying that when they abandon the classrooms for the courts, they are short-changing the students.
Any teacher who wants to practise should either resign his appointment or redefine his terms of employment with his employers, he asserted.
The issue caused a heated debate and extended to the audience where those recognised by the session chair vented their grievances either for or against the moves, supporting their positions with empirical evidences.
When TheNiche spoke to a constitutional lawyer, Professor Itse Sagay (SAN), on the argument that lawyers in the classroom should not practise in court, he opined that there is need for some measure of control.
His words: “There is need for some practical experience for lawyers who are teachers. But it has to be controlled in order not to let the lawyer abandon his classroom job for the courts.”
He cited instances of other professions like doctors who, despite teaching in the teaching hospitals, still put up some time for practical experience by attending to patients and other routine jobs.
The issues discussed at the 55th AGC of the NBA are numerous, but the take-home remains that lawyers should uphold the ethics of the profession and ensure that Nigeria’s justice delivery system is enhanced. It is only then that the impact of the conference can be felt by Nigerians.