NBA President Osigwe Calls For Judicial Reforms, Labels One-Year Suspension Of Judges “Too Lenient”

*Says Political Disagreements Do Not Justify Emergency Rule, Rivers Suspensions Unconstitutional
*Condemns “Attempts To Intimidate Legal Profession” After Rivers Branch Chair Query
*Faults JAMB Over UTME Errors, Calls for Transparent Exams and Judicial Appointments

Mazi Afam Osigwe, SAN, President of the Nigerian Bar Association (NBA), has condemned the unconstitutional declaration of a state of emergency in Rivers State and the suspension of elected officials, labeling them a “dangerous affront to democracy.” In his executive report at the NBA National Executive Council (NEC) meeting in Ilorin, Kwara State, Osigwe criticized attempts to intimidate the legal profession, called for comprehensive police reforms, and advocated for transparent judicial appointments to restore public trust in Nigeria’s justice system.

Osigwe denounced President Bola Tinubu’s declaration of a state of emergency in Rivers State, which led to the suspension of Governor Similayi Fubara, his deputy, and the State House of Assembly for six months, as well as the appointment of a sole administrator. Citing Section 305 of the 1999 Constitution, he argued that the political crisis in Rivers does not meet the threshold for such a declaration, which requires an actual or imminent breakdown of public order. “Political disagreements… do not constitute a justification for emergency rule,” he said, emphasizing that conflicts should be resolved through legal mechanisms, not executive fiat.

He clarified that a state of emergency enables the National Assembly to make laws for public safety, not to suspend elected officials, as prohibited by Sections 11 and 188. Osigwe described the suspensions and administrator appointment as “unconstitutional, unlawful,” and a threat to democracy. The NBA’s NEC, in an emergency meeting on March 27, 2025, ratified this position, noting that the National Assembly’s voice-vote approval lacked the required two-thirds majority and could not legitimize an unconstitutional act.

Consequently, the NBA relocated its 2025 Annual General Conference (AGC) from Port Harcourt to Enugu, rejecting the sole administrator’s authority. Osigwe dismissed demands to refund a ₦300 million donation from the Fubara administration, asserting it was an unconditional gift for conference sponsorship, not hosting rights. He refuted claims that the donation was illegal, citing legal precedents like Balonwu & Ors v. Governor of Anambra State (2008), which upheld the validity of a governor’s actions despite legal challenges. “A gift given without any condition… cannot be demanded for or refunded,” he stated, warning against opening a “floodgate” of refund demands.

Osigwe condemned attempts to silence the NBA, particularly a query issued by Rivers State’s sole administrator to Port Harcourt Branch Chairperson Cordelia Eke for “serious misconduct” over a statement reflecting the branch’s collective position. He called the query an “abuse of power” and a “witch hunt” to emasculate the Bar, noting that the Public Service Rules permit civil servants to participate in NBA activities. “The Bar cannot be intimidated into silence,” he declared, vowing to challenge any disciplinary action against Eke or other officials legally.

He also decried the unlawful arrest of Jos Branch member Hero Tawal Habila by police for representing a client, with officers boasting that “not even the Inspector General of Police” could stop them. Osigwe labeled this a “direct affront to the rule of law” and demanded a thorough investigation, urging the NBA Jos Branch to petition the Inspector General and pursue legal action. He called for police reforms to address unlawful detentions, especially of minors, and prevent manipulation of the justice system.

Osigwe welcomed the National Judicial Council’s (NJC) new transparency policy for judicial appointments, which publishes candidate memoranda and invites public comments. However, he criticized the shortlisting process as lacking objectivity, often influenced by “politics, personal connections, or status.” He proposed written tests for judicial candidates, merit-based appointments with NBA recommendations, and constitutional amendments to limit the Chief Justice’s NJC appointments and expand NBA nominees’ roles. He also suggested appointing non-judges, like retired justices or former NBA presidents, as NJC chairs for a single five-year term.

He expressed concern over the NJC’s one-year suspension without pay of three judges for misconduct, calling it “too lenient” and urging their permanent removal. “Any judge who is not fit for elevation… is clearly not fit to remain on the bench,” he said, warning that leniency risks making the judiciary a “haven for impunity.”

Osigwe addressed several national concerns:

• Security and Human Rights: The NBA condemned mob violence in Edo State, where vigilantes murdered hunters, and called for investigations to deter lawlessness. It also decried killings in Plateau and Benue, urging security agencies to protect citizens under Section 14(2)(b) of the Constitution.
• Local Government Autonomy: Following a February 2025 dialogue, Osigwe reaffirmed the Supreme Court’s rulings against state governors dissolving elected local councils, citing cases like Ajuwon v. Governor, Oyo State (2021). He supported the Federal Government’s threat to initiate contempt proceedings against non-compliant states.
• JAMB Errors: Osigwe questioned the credibility of the 2025 UTME results after JAMB admitted errors, affecting 379,997 candidates. He urged JAMB to avoid penalizing entire centers for malpractice and ensure future examination integrity.
• Aviation Safety: He criticized airlines for disregarding consumer protection regulations and called for wildlife management at airports after an Air Peace aircraft collided with an antelope in Abuja.
• Workers’ Rights: On May 1, 2025, the NBA demanded full implementation of the National Minimum Wage Act, condemning poverty-level wages and unsafe working conditions.
• Environmental Advocacy: A February 2025 meeting with the Association of Environmental Lawyers reaffirmed the NBA’s commitment to sustainable legal frameworks.
• Anti-Corruption: Discussions with the Code of Conduct Bureau emphasized reforming asset declaration processes to curb corruption, with Osigwe questioning the effectiveness of current forms.

Osigwe announced the resolution of the crisis in the Section on Public Interest and Development Law (SPIDEL) by dissolving its caretaker committee and appointing an Electoral Committee to conduct elections in August 2025. He also introduced the Mandatory Continuing Professional Development (MCPD) Rules 2025, requiring lawyers to earn five CPD credits annually, with digitalized practice licenses and a published practicing list. Additionally, he constituted Branch Elections Appeal Committees to oversee branch election disputes, pending NEC ratification.

Osigwe urged NBA members to uphold unity and professionalism, emphasizing the Bar’s role as the “last line of defense for justice.” “No form of authoritarian or dictatorial governance will be allowed to interfere with the independence of the Bar,” he affirmed, calling for continued advocacy to protect the rule of law and elevate legal practice standards.

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