NBA Anambra State Branches Oppose Proposed Amendments To The 2015 NBA Constitution

*Rally Behind Increase In Branch Remittance
*Concerned About Proposed Reduction In Elected Officers

The branches of the Nigerian Bar Association (NBA) in Anambra State, including Aguata, Anaocha, Awka, Idemili, Ihiala, Nnewi, Onitsha, and Otuocha, have meticulously examined the proposed 2023 amendments to the NBA Constitution, as well as scrutinized the existing 2015 Constitution.

In a unanimous decision, the branches have concluded that, except for the amendment seeking to increase the remittance to branches from 10% to 20% of the Bar Practicing Fee (BPF), the proposed amendments are unnecessary, as the current Constitution adequately safeguards the interests of the Association.

The NBA Anambra State branches have articulated their position as follows:

1. Opposition to Undemocratic Ascension of President

The proposal in Section 9(3)(c) to allow the immediate Vice President of the Bar to ascend to the presidency without an election is viewed as undemocratic. The branches vehemently oppose this change, asserting that it contradicts international best practices and runs counter to the NBA’s commitment to promoting the rule of law. The move to establish an hereditary monarchy within an Association known for its extensive West African membership is seen as contrary to democratic principles. The branches firmly advocate for the preservation of the democratic election process for the office of the President.

2. Resistance to Reduction of Elected Officers

The suggestion to decrease the number of elected officers from 9 to 5 is met with discomfort. The branches recommend an alternative approach: rather than reducing elected officers, they propose an increase by creating the position of Vice President for each of Nigeria’s six geopolitical zones. They also advocate for the appointment of a Liaison Officer or Personal Assistant to the President from every branch, emphasizing the importance of retaining the roles of Welfare Secretary and Treasurer.

3. Concerns Regarding General Council Composition

The branches advocate for all members of the General Council of the Bar to be elected, expressing reservations about allowing the President to appoint certain members. They believe that such appointments could infringe upon the rights of members to choose their representatives, potentially permitting undue influence from the President.

4. Evaluation of Executive Director’s Role

Regarding the Executive Director’s office, the branches assert that the role of the General Secretary should take precedence. They advocate that, if the position of Executive Director is to exist, it must be directly accountable to the General Secretary and not to the current President. The branches call for the complete abandonment of this proposal.

5. Support for Increased Branch Remittance

The proposed amendment to increase the remittance to Bar branches from 10% to 20% of the annual Bar Practicing Fee, as outlined in Section 23(8), receives the branches’ full support. They recognize the importance of this amendment to enhancing the financial resources available to Bar branches.

In light of their firm stance on these issues, the Anambra State branches of the NBA urge all those with the best interests of the association to advise the current National Executives against proceeding with the controversial amendments. They emphasize that any proposed amendments should be aimed at improving the Bar, rather than undermining the achievements and progress made over the years. The branches express their conviction that the contested amendments would only introduce controversy and division rather than progress.

These views represent the unanimous position of the NBA branches in Anambra State:

• Aguata
• Anaocha
• Awka
• Idemili
• Ihiala
• Nnewi
• Onitsha
• Otuocha