A legal practitioner, Barbara Tosan Onwubiko, has weighed in on the ongoing constitutional amendment process of the Nigerian Bar Association (NBA), urging the leadership of the association to prioritise accountability, transparency, and fair representation in its final draft.
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In a detailed statement titled “Proposed NBA Constitutional Amendment: A Call for Strengthening Accountability and Representation”, Onwubiko commended certain progressive provisions in the proposed amendments, including Articles 5b(v), 21(5-10), 16-24, and key parts of the second and third schedules. However, she identified several gaps which, in her view, threaten to undermine democratic practices within the NBA.
Onwubiko advocated for the inclusion of statutory checks on the powers of Branch Chairmen and Presidents, arguing that decisions regarding elective officers should be subject to the approval of the General House alone. “We need effective measures to check the excesses of Branch Chairmen and Presidents, preventing any interference or usurpation of responsibilities of other elective officers,” she said.
Highlighting what she described as the underrepresentation of Vice Chairmen and Past Vice Presidents, Onwubiko called for their statutory inclusion as members of the National Executive Council (NEC), or at least within zonal structures.
She also proposed that signatory authority for human rights-related accounts should rest solely with Vice Chairmen and Treasurers, with expenditure subject to General House approval. “The Vice Chairman chairs the Human Rights Committee an integral component of our Association yet is denied NEC membership and access to funds? This must change,” she noted.
Raising concerns over transparency in the NBA’s Annual General Conference (AGC), Onwubiko called for the AGC Committee Chairman to present a budget within 30 days of venue confirmation and appointment, and to disclose all sources of funding during the AGM.
She further recommended that General Meetings be held quarterly instead of annually, citing technological advancements that now make frequent virtual meetings possible.
To prevent arbitrary constitutional amendments, Onwubiko proposed a five-year review cycle for the NBA Constitution, except in emergency situations approved by a two-thirds majority of the NEC or General House.
Expressing deep reservations about specific provisions in the proposed amendments, she rejected Part III Article 19 of Schedule 2 and Article 14(9) of Schedule 3, asserting that only a court of law has the power to determine what constitutes defamation. She also criticised Article 20(4), which grants NEC disciplinary powers over members, arguing that such powers lie exclusively with the Legal Practitioners Disciplinary Committee (LPDC).
“Given the troubling trend of NEC meetings becoming rubber-stamp sessions for presidential decisions, it is imperative that the General House reclaims its authority through more frequent meetings and increased scrutiny of executive actions,” she stated.
Onwubiko concluded by urging members of the NBA to remain vigilant and engage critically with the amendment process. “Our Constitution governs our actions. These reviews must be done fully, correctly, and in the best interest of all members not just a few.”
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