A group of lawyers from the northern part of Nigeria have formed a parallel body known as New Nigerian Bar Association (NBA).
In a statement jointly issued Sunday by Mr. Nuhu Ibrahim and Mr. Abdulbasit Suleiman, the lawyers said they came together with the aim of protecting their interests as encapsulated under Section 40 of the Constitution.
The action is a fallout of the uproar generated within the NBA over the withdrawal of the invitation earlier extended to Kaduna state Governor Nasir El-Rufai as guest speaker at the recently concluded 60th annual national conference of the body.
The development, it is believed, may have torn the body into shreds and leaving it tattered, particularly coming at a time a group of lawyers were issuing similar threat from the South-west.
The grievances
Although some northern lawyers, particularly from Kaduna and Bauchi states threatened a boycott of the event, the conference still held but not without some level of opposition from members.
Expressing their angst, the aggrieved lawyers said recent developments within the NBA had exposed the inability of the body to manage and contain the heterogeneity of its members as well as their various interests.
It said the rumblings within the NBA leave much to be desired within the ranks of Concerned Lawyers, especially from the northern part of the country.
The statement reads: “What has been happening recently has exposed the inability of the NBA to manage and contain the heterogeneity of its members as well as their various interests. Its penal powers have been deployed discriminatively on the basis of ethnicity and regionalism.”
“As a body of Lawyers who have undergone training towards ensuring the promotion and protection of human rights and liberties, the NBA is supposed to live above sentiments, regionalism and discrimination on any basis and of any kind.
“Therefore, the NBA cannot afford to be seen not to be upholding the rights and freedom of its own members if at all, it should be seen to be practising what it preaches. As the Hausa saying goes: Idan Kura tana maganinzaho, ta yi ma kanta (If Hyena has cure for diarrhoea let her use it for herself).
“The New Nigerian Bar Association has been watching the activities of the NBA, an association we all looked forward to joining with high hopes before being called to the Nigerian Bar, forcing idiosyncrasies of few on the majority of its members especially in recent times.
“No wonder, NBA NEC, which is the highest decision-making organ of the Association failed to uphold the fundamental principles of fair hearing which in itself, is the fundamental aspect of Rule of Law, on the allegations against the Executive Governor of Kaduna State, Mallam Nasir Ahmad El-Rufai as were contained in a petition by Chidi Odinkalu Esq. a long time foe of His Excellency and a Lawyer of eastern extraction, but the NBA failed to extend the same treatment to Southern invitees who were also petitioned and are also alleged to have committed similar or more human rights abuses than those alleged against Mallam El-Rufai.
“It is pertinent to state that the NBA membership as currently constituted can be termed “Mandatory Membership Association” which, for all intents and purposes, is against the provisions of the Constitution since the ground-norm recognises freedom of membership of every Association. Section 40 of the Constitution of Federal Republic of Nigeria, 1999 provides as follows:
“Every person shall be entitled to assembly freely and associate with other persons, and in particular he may form or belong to any political party, trade union or any Association for the protection of his interests.
“The New Nigerian Bar Association members, gleaning from the above Constitutional provision, feel that their interests are no longer taken into consideration in major decisions of the NBA hence the formation of this Association.
“A cursory chronicle of the membership composition of major organs of the NBA would reveal lopsided representation despite having large numbers of Lawyers from all parts of the Country and especially Northern Nigeria who have diligently paid their Bar practising fees and have distinguished themselves in the legal profession.
“The New Nigerian Bar Association feel that, Lawyers, as professionals like Doctors and Accountants should have more than one Association regulated by the General Council of the Bar.
“The Legal Practitioners Act (LPA) which regulates the legal profession in Nigeria did not establish the NBA. In fact, the NBA was established as an Incorporated Trustee by Corporate Affairs Commission (CAC). It is no longer gainsaying that a group of Lawyers can freely join any lawful Association for the protection of their rights and interests as Lawyers and citizens of Nigeria pursuant to the above cited Section 40 of the Constitution.
“Even Section 1of the Legal Practitioners Act, which seemingly conscripted all Lawyers in Nigeria to Mandatory Membership of NBA is, for all intents and purposes, at loggerheads with Section 40 of the Constitution which makes the former null and void and of no effect whatsoever. The Constitution remains the supreme Law of the land to which all other laws including the LPA are subject.
“Section 1(3) of the Constitution states that: If any other Law is inconsistent with the provision of this Constitution, this Constitution shall prevail, and that other Law shall to the extent of the inconsistency be void.
“On the basis of the foregoing, some Lawyers of like mind and duly called to the Nigerian Bar have decided to form New Nigerian Bar Association with the aim of protecting their interests as encapsulated under Section 40 of the Constitution.
“Members of this Association have commenced consultations with very Senior Lawyers of Northern Nigeria extraction and those practicing therein with the view to constituting the Trustees and for purposes of fixing date for formal inauguration of the Association.”
Group writes AGF Malami
Notifying the Attorney General and Minister of Justice Abubakar Malami (SAN) of the their decision, the group said the NBA had failed to take cognisance of national interests in its activities.
They made their position known in a letter dated August 28 and signed by Ibrahim as Convener 1 and Suleiman as Convener 2.
The letter reads: “We are pleased to inform you of the formation of a new Association of Lawyers as above captioned.”
“The formation of the new Association has become imperative and expedient especially flowing from the activities, disposition and most recently, the decision of the Nigerian Bar Association-NEC (National Executive Committee) which apparently failed to take into consideration our national interests and particularly do not promote the unity of our indissoluble country, Nigeria.
“Sir, the New Nigerian Bar Association believes in the ideals that bounds (sic) our country together as echoed in our National Anthem: ‘The Labours of our heroes past shall never be in vain.’
“You are, however, to be further informed that work is in progress with regards to all the nitty-gritty of the formation of an Association such as this to which we shall keep you updated.”
Egbe Amofin
Raising similar threat, a pan-Yoruba lawyers group – Egbe Amofin (South-West Lawyers’ Forum) vowed to pull out of the NBA if some perceived anomalies around the election of 47-year-old Olumide Akpata as its new NBA president were not resolved.
Akpata, a non-SAN, defeated two SANs– Dr Babatunde Ajibade and Mr. Dele Adesina, a development seen as novel as the leadership position had in the last 22 years been held by SANs.
But Adesina and Egbe Amofin faulted the process, alleging the election was manipulated.
“Whereas, the Egbe Amofin (South West Lawyers’ Forum) held an emergency meeting on 1st August, 2020 and deliberated on the Nigerian Bar Association Elections which held from 11.00 p.m. on 29 July, 2020 to 11.00 p.m. on 30 July, 2020.
“After exhaustive discussions and representations from a wide range of participants including members of both the Inner and Utter Bars, it was noted as follows that:
“The Nigerian Bar Association is mandated by its Constitution to play a pivotal role in the defence of democracy and rule of law in Nigeria;
“The Nigerian Bar Association cannot effectively defend democracy and the rule of law without ensuring that the democratic process of electing its officers is credible and transparent, otherwise, nobody, institution or government will take the Association serious;
“In trying to fulfil its responsibility to defend democracy and rule of law in Nigeria, the NBA instituted an Election Monitoring Committee in 2003 to monitor, among many other independent bodies, the general elections conducted throughout Nigeria; and after the election, issued a comprehensive report, condemning the outcome of the elections in certain parts of the country, and, in addition, making far-reaching recommendations for electoral reforms in Nigeria,” the group said at the end of the election which produced Akpata.
