By Sylvester Udemezue
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Existence of the NBA as the only Umbrella Association of ALL Lawyers in Nigeria is not by might, fight or power but by extant Law. See for yourself:
1️⃣.The decisions of the Courts in (a) N.B.A. v. KEHINDE* (2017) 11 NWLR (PT 1576) 225 AT 250 -251 paras H- A, (b).CHINWO v OWHONDA* (2008) 3 NWLR (Pt. 1074) 341, at 361, and (c). The High Court decision in SUIT No. OB/27/2020: BEN OLOKO V. THE INCORPORATED TRUSTEES OF NIGERIA BAR ASSOCIATION DELIVERED ON FRIDAY, THE 29TH DAY OF JULY, 2022 BY HON. JUSTICE R.O. ODUGU, Enugu State High Court. In N.B.A. v. KEHINDE (2017) 11 NWLR (PT 1576) 225 AT 250 -251 paras H- A, His lordship NIMPAR.JCA, stated as follows: _“The Nigerian Bar Association (NBA) was established for the purpose of regulating the affairs and conduct of all legal practitioners in Nigeria and upon being called to the Nigerian Bar, there is automatic membership to the NBA on a lawyer. See Chinwo v. Owhonada (2008)3 NWLR (Pt.1074)341. Hence, as long as one has elected to join and remain within the noble profession, he is a member and ought to comply with the directive of the Association”. On the Implications of subscription to membership of an association, the Court of Appeal in CHINWO v OWHONDA (2008) 3 NWLR (Pt. 1074) 341, at 361, had this to say:
”The appellant was not compelled to take up the profession of law and its attendant compulsory membership of the Nigerian Bar Association. However, once he made the choice to study and practice law and thereby placing his name on the roll of honour of belonging to the profession, he stands bound by the internal rules and regulations of the Association. There would therefore be no issue of a breach of the Constitution of the country if the rules demand of him, UNDIVIDEDLOYALTY”._Also, in the same case (CHINWO v. OWHONDA), Hon Justice DONGBAN-MENSEM, J.C.A., has this to say: “I have only a few words of mine to add in declaring that this appeal is without merit.In the exercise of their constitutional rights (sections 39 & 40) of freedom of thought, etc, and of free assembly and association, individuals elect to and do subscribe to membership in associations which sometimes curtail their rights. The appellant, while exercising his right, joined an honourable profession of formidable societal influence and relevance which of necessity has rules and regulations to guide his professional conduct and which along the line curtail some of his choices. The appellant was not compelled to take up the profession of law and its attendant compulsory membership of the Nigeria Bar Association.
However, once he made the choice to study and practice law and thereby placing his name on the roll of honour of belonging to the profession, he stands bound by the internal rules and regulations of the association. There would therefore be no issue of a breach of the Constitution of the country of the rules demand of him, undivided loyalty.”
2️⃣ NBA is by law represented in the National Judicial Institute (NJ I)?Is LSN?
3️⃣. NBA is represented in the Council of Legal Education (CLE), by Law! Would LSN?
4️⃣. NBA is represented in the Board of the Corporate Affairs Commission (CAC)! Section 2(2)(b)(ii) , Companies and Allied Matters Act (CAMA), 2020. Would LSN?
5️⃣. NBA is represented in the National Judicial Council (NJC)! “The National Judicial Council shall comprise the following members -(i) five members of the Nigerian Bar Association who have been qualified to practice for a period of not less than fifteen years, at least one of whom shall be a Senior Advocate of Nigeria, appointed by the Chief Justice of Nigeria on the recommendation of the National Executive Committee of the Nigerian Bar Association to serve for two years and subject to re-appointment” See: Item 20(i) of Para I in Part 1 of the 3rd Schedule to the Constitution of the Federal Republic of Nigeria, 1999: _” Is LSN?
6️⃣. NBA is represented in the Body of Benchers (BOB)! Section 3(1)(j), LPA. Would LSN?
7️⃣. NBA is represented in the General Council of the Bar (GCB)! Section 1(1)(c) LPA. Is LSN?
8️⃣. NBA is represented in the Legal Practitioners Privileges Committee (LPPC) Section 5(3)(g), LPA. Is LSN?
9️⃣. NBA is represented in the Legal Practitioners Disciplinary Committee (LPDC)! Section 10(2)(c) LPA. Is LSN?
🔟. NBA is represented in the
Legal Practitioners Remuneration Committee LPRC! Section 15(1)(c) LPA. Is LSN?
1️⃣1️⃣. NBA is the leader of the Bar! Where is LSN?
1️⃣2️⃣ NBA plays a mandatory STATUTORY role in appointment of judicial officers in Nigeria! What about LSN?
1️⃣3️⃣. By law, NBA is prosecutor at the LPDC! LSN nko?
1️⃣4️⃣. NBA is a member of almost all Boards of certain Government parastals! Where is LSN?
1️⃣5️⃣. NBA is a member of all the Judicial Service Commission ! Where is LSN? Para E, Item 12(e) of Para E in Part 1 of the 3rd Schedule to the Constitution of the Federal Republic of Nigeria, 1999: “The Federal Judicial Service Commission shall comprise the following members ((e) two persons, each of whom has been qualified to practice as a legal practitioner in Nigeria for a period of not less than fifteen years, from a list of not less than four persons so qualified and recommended by the Nigerian Bar Association”
1️⃣6️⃣. Although the powers of the GCB to fix Practicing Fees was transferred to the BOB by the 1994 LPA (Decree 21 of 1994), nevertheless, the current position of the law is that the Attorney General of the Federation fixes the practicing fees BUT ONLY after consultation with the NBA. See also Legal Practitioners Amendment Act No 31 of 1999.
1️⃣7️⃣.NBA has regulatory roles with respect to Mandatory Continuing Legal Education under Rule 11, Rules of Professional Conduct for Legal Practitioners (RPC), 2007.
1️⃣8️⃣.NBA has the exclusive statutory regulatory role of issuing Bar Practicing Certificates to lawyers under Rule 12, RPC 2007;
1️⃣9️⃣ The NBA has the statutory regulatory role of supervising and regulating establishment and dissolution of Law Firms by Lawyers in Nigeria, under Rule 13, RPC 2007;
2️⃣0️⃣. NBA is not a itself creation of any specific statute, but it is severally recognized byActs of the National Assembly and subsidiary legislation made pursuant to the Acts. Accordingly, the NBA has and plays vital (including statutory) regulatory roles within the Legal Profession; NBA is a full-fledged regulator.
2️⃣1️⃣. NBA President, as the undisputed leader of the Bar, is the alternate Chairman of the Council of Legal Education (CLE) in Nigeria.
2️⃣2️⃣. Even the Constitution of The NBA is Recognized by Statute and the Case Law: In B.A. v. KEHINDE (2017) 11 NWLR (PT 1576) 225 at page 246the Court of Appeal observed (per TUKUR, JCA);
2️⃣4️⃣ Case Law Recognition of the hallowed Place of the NBA. See: N B.A. v. KEHINDE (2017) 11 NWLR (PT 1576) 225 AT 250 -251 paras H- A, His lordship, NIMPAR. JCA,
2️⃣5️⃣. NBA is a member of the Appeal Committee of the Body of Benchers*. Section 13(2)(d) LPA.
2️⃣6️⃣ See also section 24 LPA which recognizes NBA as the only association of all lawyers in Nigeria.
2️⃣7️⃣. Nigerian Bar Association (NBA) has some role in the process leading to appointment of the Chief Judge of a State or of a State High Court Judge: See the Revised National Judicial Council Guidelines & Procedural Rules for the Appointment of Judicial Officers, made on December 03, 2014, Rule 3(4)(iii).
2️⃣8️⃣ Is NBA not represented in the Board of the National Human Rights Commission (NHRC)?
Everything I have stated above is founded on the provisions of extant law in Nigeria. Law made by the National Assembly, etc. Besides,
2️⃣9️⃣. You must file your court processes with seals issued by the NBA! See All Progressive Congress (APC) v. General Bello SarkinYaki SC/722/15 (reported as Senator Bello SarkinYaki v. Senator Atiku Bubakar Bagudu Ors (2015) LPELR-25721 (SC); (2015) 18 N.W.L.R (Pt. 1491) 288, See also Rule 10 RPC, 2007
3️⃣0️⃣.See also Rules 11 and 12, RPC 2007.
My Recommendation:
“What is more? In the past 36 hours, I have read that there are some of our colleagues who feel so aggrieved that they think the idea of a parallel organization is the solution to a flawed process. I do not agree with this feeling; I believe that if a member of an organization desires to correct perceived ills of the organization, such a member would better achieve the planned reform from within the organization, than from the outside. All problems become smaller when we confront them instead of trying to dodge them. Escapism is no rational solution to overcoming life challenges; you cannot run away from your shadow. According to Russell L. Ackoff, “we fail more often because we solve the wrong problem than because we get the wrong solution to the right problem.” Running away from a problem only increases the distance between us and the solution”
◾ SYLVESTER UDEMEZUE
in “NBA 2020 PRESIDENCY: WE HAD FOUGHT GALLANTLY TO WIN, BUT LOST HONOURABLY TO CIRCUMSTANCES; CONGRATULATIONS TO MR. OLUMIDE AKPATA, THE PRESIDENT-ELECT” (01 August 2020: NewswireLawAndEvents)
Respectfully,
Sylvester Udemezue (Udems)
08109024556.mrudems@yahoo.com.
(01 November 2022)
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