“Allow SPIDEL Their Independence” — Major Aburime Ben, Esq., Advises NBA President in Open Letter

A retired army major and lawyer, Aburime Ben, has written an open letter berating the President of the Nigerian Bar Association (NBA), Yakubu Maikyau SAN, over the recent clash between Maikyau and the leadership of the NBA’s Section on Public Interest and Development Law (SPIDEL).

In the letter tagged “a belated birthday present” to mark Maikyau’s recent birthday, Major Ben said he was “gravely saddened” by Maikyau’s “eloquent silence and/or docility” on national issues while being embroiled in an unnecessary dispute with SPIDEL.

He accused Maikyau of “shadow-boxing” with SPIDEL over which he (Maikyau) has no control, referring to the NBA President’s purported “restraining order” on SPIDEL.

Clarifying the NBA constitution, Major Ben stated that neither the President nor the National Executive Council have supervisory powers over NBA sections like SPIDEL. He advised Maikyau that his fight with SPIDEL is like “walking on quicksand.”

The retired military lawyer lamented that Maikyau has focused on undermining the achievements of his predecessor, Olumide Akpata while ignoring pressing national issues that require the NBA’s intervention.

Major Ben concluded by pledging his support for SPIDEL and its leadership, while charging Maikyau to focus on courageously tackling issues like kidnappings, illegal mining, court shutdowns due to diesel costs, among sundry matters affecting citizens

YAKUBU CHONOKA MAIKYAU, SAN, OON: A BELATED BUT RARE BIRTHDAY PRESENT.

Congrats on the occasion of your recent birthday anniversary. As several people send you goodwill messages and gifts, I’m inclined not to be left out. My gift to you is however a rare one, my dear President of the Nigerian Bar Association. It is also very likely to be the sort of gift you don’t get often.

Yes, it is a rare gift, and it comes in the form of advise cum prayers. God has elevated you to the status of President of a distinguished and elitist body of respectable gentlemen and great ladies, a body called the Nigerian Bar Association, NBA. It is my heart-felt prayer for you that you should neither walk on quicksand nor on banana peels. Why do I feel constrained to present this sort of gift? You shall know in a while.

First, I’m a proud member of that body of lawyers called the NBA, the body that you lead. I also voted for you in your quest to attain that office. The second reason is that I’m saddened, gravely saddened in the affair of the nation and your eloquent silence and/or docility, while electing to go shadow-boxing with component bodies of the association, over whom you absolutely have no control over. I have your outburst and purported “restraining” order on SPIDEL in mind.

For one, whether by the Constitution of the parent-body of the NBA or its Byelaws, neither yourself as president nor your national executive council, NEC, has any control over the NBA Sections, of which SPIDEL forms a part. Accusing SPIDEL of undermining your authority or using the name of the association is most ill-advised and ill-conceived.

Second, by our laws as presently constituted, the only relevant body or organ that can validly regulate the activities of SPIDEL is the Governing Council of SPIDEL itself, to which I doubt that you’re a member. I’m not oblivious of the section that requires SPIDEL to make report of its activities to the NBA NEC, and the logical tool of interpretation here is to give the words their ordinary meaning. The exegesis of Hermeneutics as tools of interpretation cannot be expanded or employed to suggest that the passage requires NEC or anyone else to have any supervisory control over SPIDEL or any of the Sections whatsoever and howsoever. This lack of appreciation is what constitutes the quicksand or banana peels I pray God to deliver you from.

Thirdly, may I remind you that even the Constitution of the Federal Republic of Nigeria 1999, as amended or altered, by its preamble suggests that power belongs to the people, hence it states that “We, the People …” The NBA being a creation of that Consitution, cannot give you absolute powers over the people you lead, not having such powers or vesting such powers on anyone directly or indirectly. It is trite law that bodies can only legitimately function within the confines anf ambits of its or their enabling legislation.

Fourthly, your administration’s pettiness in trying to undermine the good works of the Olumide Akpata, Esq, gains for the NBA isn’t lost on many. What readily comes to mind is the cloned NBA Digital App whereby it was updated on 31 December 2023, so that the former App was no longer able to direct anyone to the payments platform. I didn’t vote for Olumide Akpata, Esq, my preferred candidate being Dr Babatunde Ajibade, SAN, and I’ll still vote for him whenever he stands for any elective office, being convinced of his vision. Still, Akpata performed creditably beyond everyone’s expectations, and he had the balls and liver to stand up to anyone or institution, for which he deserves my accolades. Akpata was not a pro-establishment type of leader.

In contradiction, I’m not unmindful of the pressure persons or bodies outside of the NBA would have mounted on you to pressure you into stopping the laudable activities of SPIDEL. Rather than stop SPIDEL from performing its ascribed functions, I believe it will be more reason for you to advise those people to function within the ambit of the rule of law and for the greater good of the people. I will not be as uncharitable as Professor Chidi Anselem Odinkalu in asking you whether you think you’re a General Officer Commanding, GOC, or some military dictator in issuing your orders to SPIDEL. Still I’ll tell you the home-truth, that you lack such powers, just like your NEC also lacks such powers. Again, I’m constrained to remind you that you were not elected into office to promote any sectional or private interests, but to lead the association.

Concluding, dear Mr President YC Maikyau, SAN, OON, there are several and numerous issues in our nation today, from uniformed people now replicating Evans the Billionaire kidnapping kingpin, to deliberately dislodging people from their ancestral homes to foster illegal mining of resources, as alleged. There’s also the incidences of people being abducted on the highways to being picked from their homes. There’s also the issue of the turn recruitment of credible persons to the higher Benches has taken, to some State High Courts not sitting beyond 12 noon daily, just because of lack of diesel. Yet, filing fees have been hiked, like the price of other commodities and services, so that there’s a lot for you to act on to write your name in gold. You also have the freedom of choice to remain inactive and become a masterpiece of what a good leader ought not to be. Between the quicksand and solid rock, there’s a place for courage and valour. I pray God gives you the wisdom to choose wisely. Solomon was a like man like you. Should you elect to make the wrong choice, remember that people always have a right to make their own choices too, even if such a choice is floating a parallel body. Don’t take my words for it: you may trying seeking the opinion of the likes of Bayo Akinlade, Esq. Posterity is watching.

I remain a proud lawyer now and always, and I stand with SPIDEL and its John Aikpokpo-Martins’ leadership.

Major (Barr) Aburime Ben (rtd), FICMC, FCMC, MCMC.