After a thorough perusal of the proposed amended provisions of the NBA Constitution, I am encouraged by Articles 5b(v), 21(5-10), 16-24, Part X (1-15) of the second schedule, as well as Article 12(4) (in part), Article 14(7-10), and Article 17A(1-15) of the third schedule. However, I strongly believe there are essential provisions that should have been included:
1. Decisions made by Branch Chairmen regarding other Elective Officers must require only the approval of the General House.
2. We need effective measures to check the excesses of Branch Chairmen and Presidents, preventing any interference or usurpation of responsibilities of other Elective Branch/National Officers.
3. It is imperative to statutorily empower Vice Chairmen and Past Vice Presidents to be members of the National Executive Council (NEC), or at the very least, grant them zonal membership.
4. The only signatories for the account dedicated to advancing Human Rights activities should be the Vice Chairmen and Treasurers, with drawdown requiring only the approval of the General House.
5. The Chairman of the AGC Committee must present an estimated budget for the AGC within 30 days after the announcement of the venue and appointment of the AGC Chairman. Also, the budget presentation at the AGM must disclose all funds realised for the organisation of the Annual General Conference and the source of same.
6. General Meetings should no longer occur annually but quarterly. With our current digital capabilities, there is no justification for limiting these crucial meetings and deliberations to just once a year.
7. The NBA Constitution may be reviewed and amended every 5 years except in cases of emergency, as determined by a two-thirds majority vote of the NEC or the General House, to ensure its provisions remain relevant, effective, and aligned with the association objectives.
I urge the NBA leadership to consider why the Vice Chairman, who Chairs and leads the Human Rights Committee, an integral component of our Association, is denied membership and a voice at NEC. Why shouldn’t the Vice Chairman be a signatory for the account funding the Human Rights Committee’s activities? What prevents the NBA from presenting an estimated budget for the Annual General Conference to the General House?* Some provisions clearly centre on enhancing the already crucial roles of the General Secretary and Secretaries, rather than empowering the pivotal role of Vice Chairman and Vice Presidents.
Given the troubling trend of NEC meetings which seem more like a merry-making event where decisions of the President are mainly approved or ratified, serving the interest of the President rather than the interest of members of the NBA. This highlights the necessity for more frequent General Meetings, where budgets and decisions of the NBA can be scrutinised, ratified, or revoked by the General House.
It is undeniable that our Constitution governs our actions and operations, and therefore, to forestall a troubling pattern where the NBA Constitution is subjected to repeated reviews and amendments under every administration, these reviews must be done fully and correctly.
In conclusion, I strongly urge the NBA to be mindful regarding the proposed provisions of Part III Article 19 of Schedule 2 and Article 14(9) of Schedule 3, as only the court possesses the ultimate authority to determine what constitutes defamation. Article 20(4) NEC cannot impose disciplinary measures for ethical and professional misconduct by its members; that authority rests solely with the LPDC. Given that NEC largely aligns with the interests of the President, lawyers must remain vigilant against the potential pitfalls created by these proposed highlighted provisions. I unequivocally reject same in its entirety.
Barbara Tosan Onwubiko is an Abuja-based lawyer and can be reached on tosanlegals@gmail.com
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