THENIGERIALAWYER dated 6th June, 2017, Awomolo SAN pointed out options that can be followed to resolve the disputes in the Association. He also appealed to all aggrieved persons to shield their swords for the peace and unity of the Bar. Below reads the letter written by Asiwaju Adegboyega Awomolo, SAN Asiwaju Adegboyega Solomon Awomolo, SAN,FCIArb, Life Bencher/ Notary Public 6th June,2017 The Trustees of the Nigerian Bar Association, 45, Hailer Selassie Street, Off Thomas Sankara Street By Ecowas Secretariat, Asokoro, Abuja. ATTENTION : Alhaji Abdullahi Ibrahim (SAN),OON Asiwaju Wole Olanipekun (SAN), OFR Chief Thompson Joseph Onomigbo Okpoko (SAN), OON Chief (Mrs) Priscilla Kuye Alhaji Murtala Aminu, OFR Chief Anthony O. Mogboh (SAN) Dear Elders, RE- NIGERIAN BAR ASSOCIATION-MEETING WITH THE BOARD OF TRUSTEES 1.00- I refer, respectfully, to my last meeting with you on Tuesday 16th May ,2017 and my Memorandum which was presented but not discussed. I also acknowledged the notification of the Board’s decision on it, to me, by Asiwaju Oluwole Olanipekun, SAN, OFR. I remain committed to my recommendation to the Board and confident that it is the way forward for the Association. 1.01 For me sir, the suit of J.K Gadzama , SAN has become academic and it is no longer relevant for the resolution of the status of the Association. The declarations and the orders nullifying all the acts, steps or decision based on the 2015 Invalid Constitution have been seen away into history. It is my belief that the individuals engaging the Board and who are genuinely finding solutions to the problems of the Association should not be viewed as Antagonist or rebels in the Association as being canvassed in the Newspapers. I love the NBA, I pay my dues, sacrificed for it and will do everything to nourish it as a baby. 1.02 I have been privileged to discuss with other concerned and respected members of the Bar who have shown interest in the affairs of the Association. Flowing from my interactions, two options are opened to the Board Trustees of the Association now. 1.03 The first option, is that the decision of the Federal High Court should be by passed, negotiated or resolved with the aggrieved party. In that sense, Mr Supo Ojo, the Claimant in the judgment can be persuaded or prevailed upon, not to insist on the enforcement of the decision. In that way the case is amicably settled on agreed terms. We must avoid intimidation, blackmail and threat. 1.04 The consequence of this option is that, the officers elected in 2016, will not continue their tenure, under the nullified Constitution but the 2001 registered Constitution until their term expire in 2018. The need for appointment of caretaker committee under the Legal Practitioners Act by the Body of Benchers will no longer be necessary. The further legal consequence is that Judgment and Orders of the court by agreement is set aside by reason of exigency and need not disrupt the tenure of the current leadership of the Association. To the members of the Legal Profession at large and to the whole world, it is to pretend that nothing has happened after all; Is this the truth? As Lawyers, it is precedent that cannot be washed away. The integrity, honour and credibility of the Association is this compromised. The moral burden of his choice is the public perception of the disrespect or disregard for court Judgment and Order and will remain a stain on the legal profession for a very long time. 2.00 The second option is to obey Court Judgment and Order. It implies that we face the reality of the decision of the court, accept that our leaders past must have failed to lead us right, they have erred and fallen short of their roles as leaders. This option has its price and I think nothing is too much to pay for the integrity, credibility, honour and respectability of the Bar Association. 2.01 In my view there is no shame or stain howsoever brought to the current leadership of the Bar, who inherited the errors of their predecessors. In a short while, with the cooperation from all, the caretaker committee will amend and register the amended Constitution, reconcile the aggrieved branches and conduct election on valid Constitution of the NBA. 2.02 The Board should advice the Body of Benchers to invoke its powers under the Legal Practitioners Act, and appoint Caretaker Committee who within six months will Organize Constitutional Review exercise, register same and conduct fresh election. With cooperation and support of all Legal Practitioners and branches, all will go smoothly. The Management of the Affairs of the Association will suffer no lapses as Management staff are in place to carry out the routine duties. The Caretaker Committee, will direct the affairs of the Association under the supervision of the Body of Benchers. Whatever option the Board chooses to follow, there is need to resolve all disputation and reconcile broken branches, in the Association. This requires independent and credible leadership, who can be trusted. 2.03 The situation of NBA today is comparable to a father and mother of a fifty year old only child. He suffers serious illness and the doctor diagnosed him as having infection in the heart that required urgent surgery which would last for six hours, with little pain. The father and mother were scared of the six hours operation and the pain that would follow. They asked for analgesic and other pain relieving drugs. The child was sure to dies of the cardiovascular infection that was neglected and compromised. The Constitution of the NBA is a cardiovascular infection that requires urgent attention, not palliative or compromised solution. 2.04 In my view, the second option is what I support and commend to the Board of Trustees. No harm will be done on the integrity of the Bar. No moral burden will follow the Association or its members. The position of the Bar on the Rule of Law and Independence of the Judiciary in the larger Nigerian society will be meaningful and credible. I believe sir, that we must not sacrifice the Association’s integrity, honour and respectability on the platter of exigency or for the sake of personal fixation of the officers occupying a temporary office of 2 years tenure. 2.05 I wish, respectfully, to commend the Board of Trustee the immutable wise words of Asiwaju Oluwole Olasupo Olanipekun, SAN, OFR in his work titled “The law as an endangered specie” he said: ” A hapless law attracts a hopeless citizenry ; a bankrupt law breeds impotent people. When a law is ineffective, then the country becomes rudderless; if the law is no frail, then the society is encircled by a gathering of unruly crowd; when and where law is disrespected, the populace will go astray and whenever it is subjudicated, anarchy becomes enthroned; at any given situation when law can no longer tame, criminals are born, bred and raised to the position of leadership in every facet of national life; when law becomes the servant, it automatically metamorphoses to an endangered specie. This scenario is a prelude to what sociologists describe as a state of anomie. Although George Orwell did not go this far in his best selling book titled Animal Farm, a state of anomie will usher man into an animal kingdom”. 2.06 There can be a clause in the proposed amended Constitution allowing the concurrent officer to re-contest under a valid Constitution. Thank you for the honour to be Yours faithful and loyal Bar man Asiwaju Adegboyega Awomolo, SAN Copy of the letter [pdf-embedder url="https://thenigerialawyer.com/wp-content/uploads/2017/06/nba-bot.pdf"] ]]>
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