As we approach the Annual General Conference (AGC), we must leverage this opportunity. Every member of the Nigerian Bar Association (NBA) possesses the power to ensure that certain provisions in the recent proposed constitutional amendment do not sail through.
I encourage every member of the NBA to take time to review the proposed amendments and to dedicate the entire day of the AGM not just to attend, but to raise our collective voice against certain objectionable amendments to the NBA Constitution that the leadership may have overlooked and not considered the dangers of same.
1. Part II Article 7(1), 5a(xi), and 5e(ix): These provisions threaten the independence of the Governing Council of the Bar (GCB) by designating the President and General Secretary as automatic members of the GCB. It’s imperative that the GCB remains completely independent, free from interference and influence from the leadership. My concern is that if we allow this change, we risk replicating the issues currently plaguing the National Executive Council (NEC), where the President wields undue control and ensures that decisions and resolutions are approved and ratified.
2. Part II Article 5g(xiv): This provision aims to undermine the Treasurer’s office, removing a critical check on the President regarding the Association’s finances. It would enable the President to direct other Executives in functions that should rightfully belong to the Treasurer. This is a dangerous trajectory that could grant the President unwarranted access to the Association’s finances. Although it requires NEC’s directive and approval, our observations suggest a concerning outcome.
3. Part II Article 14d(II)(iv), Article 20(4), Fifth Schedule (entirety), and Part 1 Article 20(4): These provisions empower the Ethics and Disciplinary Committee and a purported State Committee to investigate allegations of professional misconduct against members, with reports submitted to the NEC, which would then impose disciplinary measures. This is a perilous move, as it effectively transfers the Legal Practitioners Disciplinary Committee’s (LPDC) powers to members of the National Executive Council (NEC) , a body that often aligns with the President’s wishes. Such provisions could be weaponised against those perceived as adversaries to the leadership. I urge members to firmly resist these provisions.
4. Part III Article 19 of the Second Schedule and Article 14(9) of the Third Schedule: These articles propose disqualifying candidates for publishing allegedly defamatory materials against opponents during elections. It is crucial to recognise that only a Court of Law has the authority and power to determine defamation and what constitutes same. These provisions could be exploited by national or branch leadership to disqualify any aspirants who are not anointed or favoured._
I recommend that Part II Articles 14(i), 14(ii), and 24, which proposes establishing a new Standing Committee called the Stabilisation Funds Committee, must operate in conjunction with the Treasurer. Any decisions made by this committee should require the Treasurer’s approval before being presented at the NEC.
While I commend the leadership for addressing the financial burdens and challenges of electioneering within the NBA and acknowledge the introduction of dedicated branch accounts for advancing Human Rights activities, I still maintain that the Vice Chairman and Treasurer should be the sole signatories of these accounts with withdrawals requiring the General House approval.
I applaud the NBA leadership, the Chairman and his team, for their efforts, yet I firmly believe there are crucial provisions that need to be included to eliminate the issues plaguing the NBA. Let’s stand united at the AGM.
Barbara Tosan Onwubiko, an Abuja-based lawyer can be reached on tosanlegals@gmail.com
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