*Call NBA-NEC Directive “Rubber-Stamp Culture”

The Nigerian Bar Association’s (NBA) resolution to discipline lawyers who publicly contradict President Afam Osigwe, SAN, has triggered a fierce backlash from legal practitioners, with many arguing that the move violates constitutional free speech protections and exposes internal leadership flaws.

Lawyers across the country have taken to various platforms to express outrage, disagreement, and caution over what many see as an overreach that stifles free speech and internal democracy within the Bar.

The backlash follows the NEC’s May 15, 2025, resolution in Ilorin, Kwara State, where it was resolved that members who “publicly counter the official position of the NBA President” may be subjected to disciplinary action. The statement, released via the NBA’s official X (formerly Twitter) account, described dissenting public remarks as undermining the Association’s unity and authority.

But the move has ignited fierce reactions within the legal profession.

“We are not ‘Oh yes’ members,” said one Abuja-based lawyer who spoke to TheNigeriaLawyer under anonymity. “We are noble lawyers, not puppets. Not even the courts can restrain the constitutional right to free speech granted by the 1999 Constitution of Nigeria.”

Another legal practitioner argued that the directive was predictable, given that the NBA President appoints the majority of NEC members. “When you have a structure where the President appoints most of the decision-makers, you shouldn’t expect robust opposition. That resolution only reflects a rubber-stamp culture.” suggesting a lack of independent oversight.

Other lawyers called for introspection on the part of the NBA President. “Afam Osigwe SAN has built a name over the years. But this directive may dent that legacy,” said a senior lawyer from Lagos. “Great leadership thrives on open criticism. You don’t shut down your members; you listen and grow.”

Some respondents questioned the legal basis of the directive, describing it as inconsistent with the NBA’s democratic ethos.  “This is a democracy. Neither NEC nor the President has the right to punish lawyers for voicing dissent, especially when such dissent is civil and issue-based,” another lawyer said.

While the NBA did not disclose what sparked the resolution, sources within the Bar told TheNigeriaLawyer that recent public criticism over donations for the upcoming NBA Annual General Conference may have triggered the move. Several lawyers had taken to social media to query the financial transparency and rationale behind certain conference-related expenses.

While the NEC praised Osigwe for his “proactive leadership” and commitment to justice, the disciplinary threat has fueled accusations of authoritarianism. Some lawyers defended the NBA, arguing that public dissent weakens the association’s cohesion, but the majority view it as an overreach. A Kano-based lawyer summarized the sentiment: “The NBA should focus on uniting lawyers, not gagging them. This move is a stain on Osigwe’s tenure.”

Recall that the NBA, in its official post-NEC statement, condemned what it described as “members publicly countering the official position of the NBA President.” The NEC resolved that such conduct should attract disciplinary scrutiny going forward.

In the same meeting, NEC addressed several other pressing matters, including:

  • Condemnation of Unexplained Flight Cancellations: NEC called for action against frequent flight cancellations in Nigeria that inconvenience legal practitioners and the public.
  • Rejection of the Port Harcourt Branch Chairman’s Suspension: NEC deemed the suspension unjustified and demanded its withdrawal.
  • Support for NBA Executives in Public Service: The Council decried attempts to discipline public servants serving as NBA executives, describing such actions as a threat to Bar independence.
  • Criticism of JAMB’s Blanket Result Cancellation: While acknowledging technical issues during the UTME, NEC warned against punishing innocent candidates.
  • NBA Stamp Distribution Reform: NEC resolved that all NBA stamps should be sent to branch offices for proper vetting and collection—except for branch Chairmen and Secretaries—to prevent abuse and identity theft.

Despite the controversies, NEC praised the leadership of President Afam Osigwe, SAN, for his bold stance and proactive engagement with national issues.

As of the time of this report, no official response has been issued by the NBA regarding the growing internal pushback.

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