Events leading to the 60th Annual General Conference of the Nigerian Bar Association (NBA) appear to be engulfed in an unwarranted hullabaloo. Loads of crunches stretch out before the organisers of the conference, NBA National Executive Committee (NEC). From the COVID-19 please, which is responsible for the adoption of virtual mode for the conference, to the brewing crisis trailing the decisions to invite and disinvite Governor Nasir El-Rufai of Kaduna state. It is obvious from the turnout of things that the NBA is headed towards a stormy future in the weeks ahead.
To lay bare the facts, From the 26th – 29th of August, 2020, the NBA will be holding its 60th Annual General Conference with the theme “STEP FORWARD”. Sequel to that, the National Executive Committee of the NBA had on Wednesday, 19th of August 2020, sent an invitation to Governor El-Rufai to be the guest speaker in a session entitled ‘Who is a Nigerian? A Debate on National Identity’ along with many others like Vice President Yemi Osibanjo SAN, Attorney General of the Federation, Abubakar Malami SAN and Dr. Oby Ezekwesili. In response to this decision, a group of lawyers acting through the Open Bar Initiative had on Thursday, protested the decision of the NBA to invite Governor El-Rufai as a guest speaker. This was contained in a petition addressed to the NEC, citing the impropriety of dignifying El-Rufai with the distinguished company of NBA. They alleged that Governor El-Rufai represents the antithesis of what the NBA professes to defend and they tagged his invitation as ‘Reward for Misrule`. It was further alleged that he threatened to abduct one Gloria Ballason, a lawyer. Acting on this petition, the National Executive Committee of NBA convened and majority of the NEC members voted to withdraw the invitation extended to Governor EL-Rufai for the conference. Only three members voted in favour of retaining El-Rufai. Consequently, NBA withdrew the invitation extended to Governor El-Rufai. This decision sparked many reactions across Nigeria as many associations and non-governmental organizations took different sides across the divide.
The Muslim Lawyers Association of Nigeria (MULAN) in Kaduna state has expressed disappointment over the decision of the NBA NEC in de-inviting Governor El-Rufai. Speaking on behalf of MULAN in Kaduna, Abbas Masanawa, Chairman MULAN in Kaduna state, in a statement on Saturday asked why the NBA was quick to act against Governor El-Rufai while remaining mute in the face of genocide going on in the North East, banditry and kidnappings in Katsina, Zamfara, Niger and Kebbi states. In a statement entitled Missive to the Monsignors of the Nigerian Bar Association NEC, it stated that “the MULAN Kaduna Branch is bewildered and disappointed at the unfortunate dis-invitation of Mallam Nasir El-Rufai to the Annual General Conference (AGC) of the NBA, 2020″. It further criticised the decision to be parochial, sentimental, disuniting and tainted with favouritism and ethno-religious considerations. MULAN went further to condemn the NBA for its double standard over the invitation of Governor Nyesom Wike of Rivers state and the dis-invitation of El-Rufai. It alleged that the NBA refused to take actions against Governor Wike after he declared that Rivers state is a Christian state in open contradiction to section 10 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended). According to MULAN, “We are witnesses to how Governor Nyesom Wike demolished a mosque and came out to say that Rivers state is a Christian state without apologies. We believe that NBA NEC deemed those utterances glorious hence, the lofty invitation to Nyesom Wike to use our hallowed platform to propagate his governance inklings and dis-invitation of Governor Nasir El-Rufai”. MULAN was also concerned about the channel of communicating the withdrawal of his invitation through the Governors’ Forum when the invitation was not sent through the forum. MULAN subsequently instructed its members to withdraw their participation in the forthcoming NBA Annual General Conference. You would recall that almost similar disagreement ensued between MULAN and NBA on the decision of the latter to boycott courts in protest against the suspension of the former Chief Justice of Nigeria, Walter Onnoghen, in January, 2019.
Again, the NBA, Dutse branch, Jigawa state appears to be angered by the decision to disinvite El-Rufai. Speaking through its chairman, Garba Abubakar, the Dutse branch expressed concern that the allegations against Governor El-Rufai were frivolous and condemned the decision to withdraw the invitation as unfair. He said, “Worse still, the governor has not been given the opportunity to defend himself on the allegations before the resolution of this magnitude was reached against him”. He further said, “If complaints are to be judged on their face value without due process, similar treatment is to be given to Governor Nyesom Wike of Rivers state who has serious allegations of abuse of human rights against him”. Consequently, the NBA Dutse branch threatened to boycott the virtual Annual General Conference if the withdrawal is not reversed. In addition, on Friday, 21st of August 2020, the NBA Bauchi state dissociated itself from the action of the national body which it said was anchored upon “Unscrupulous and unfounded allegations against the governor”. They argued that the action of the national body contravened Section 36(1),(4) and (5) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended). They also resolved to boycott the conference if the decision is not reversed. This was contained in a letter to the national body by the branch Chairman, Abubakar Abdulhamid. On the part of Governor El-Rufai, he called it an unfortunate embrace of injustice even as he went further to reiterate that he did not seek any recognition of the NBA and that he is not agitated that he has one less speaking engagement.
In addition, the Muslim Rights Concern (MURIC) in Lagos on Friday described the disinvitation of Governor El-Rufai as parochial, myopic and jejune. Professor Ishaq Akintola, MURIC Director, said that the NBA as a learned group should know better, adding that it was high level prejudice. He called on all lawyers from the North not to allow this slide, adding that any injustice must spark a reaction if tyranny is to be stopped in the world. On the other hand, the Islamic Movements in Nigeria, popularly called the Shiites on the 21st of August 2020 commended the NEC of NBA for withdrawing its invitation to Governor Nasir El-Rufai. In a letter signed by the President of the Movement’s media forum, Ibrahim Musa, IMN noted that Mallam El-Rufai is the most unsuitable person to talk to a body of learned men considering his legendary disrespect for the rule of law, blatant abuses of fundamental rights and intolerance to opposing views.
The NBA in its own defence through its Chairman, Paul Usoro SAN, offered explanations that the decision to disinvite Mallam El-Rufai is not motivated by ethnicity and religious sentiments as it has been alleged by some ethnic associations. He further explained on the 21st of August, 2020 that the Nigerian Bar Association regrets any unintended embarrassment that it may have caused by the NEC’s decision. He responded to the criticism that the NBA violated El-Rufai’s right to fair hearing by saying that the NBA is not in the position to pass such judgments without having all the facts and hearing from all sides. He said, “NEC merely made a judgment that it was not in the best interest of the association to be engulfed in the controversy that trailed the invitation of Mallam El-Rufai for the conference and that it was best if the safety valve of disnviting the governor was applied”. He, however, apologised to El-Rufai for the embarrassment and went further to apologise to the Governor’s Forum. But what is left to be seen is how far the decision will shape the future of the NBA and its relationship with many stakeholders across Nigeria and internationally. What was intended to save the NBA from embarrassment became the number one source of controversy for it.
Shamsudeen is a member of MIPAG Policy Think-Tank Group
