Nigerian Bar Association [NBA] An Association On Life Support

By Samuel A. Etuk

Elections into the National Executive Committee (NEC) of the NBA, to some members is seen as a ritual that comes up once every two years. To some mercantilists , it is an opportunity for them to make money from some successful senior lawyers, who only reach out to their less successful ones during this period to curry their votes. Others believe that this is a God given opportunity to rescue an association, which is on life support machine and save it from imminent death throes.

The truth be told, howbeit bitter; the NBA as at today has lost its place of pride in the committee of other professional associations and even before the ordinary man on the street, who had looked up to it as their voice. The legal profession has come under attack by officials of government, security agencies and other unscrupulous elements in the society. Yet like a frightened dog, the association has failed to rise to the defence of the society, public and even members.

Today, we have a good number of lawyers across the country, being unlawfully detained by agents of the state. A Senior Advocate of Nigeria, Chief Chris Uche, last year aptly described the condition of Nigerian lawyers when he stated that “Now lawyers are plying their trade under a heavy cloud of fear, particularly those who have briefs to defend clients who may not be in good standing with the Government of the day”.

Since the Bar is the only body that can fight for the independence of the Judiciary, it becomes a target for emasculation by the political class, in a desperate attempt to weaken and undermine the powers of the bench. Unfortunately, the Bar appears to be helpless and in fact in dire need of help. Over the years, we have had the misfortune of being led by transactional leaders, with mercantilists orientation being foisted on us through a faulty and skewed electoral processes.

There can be no other true description of the Nigerian lawyer today, than the words of the learned silk. We have witnessed in our life time, the hounding of members of the bench by agents of state for doing their jobs. A sitting Chief Justice of Nigeria was forced to resign based a midnight judgment procured under fishy circumstances. The residence of Justices Walter Onnoghen and Sylvester Ngwuta of the Supreme Court and two judges of the Federal High Court, Justice Adeniy Ademola and Nnamdi Dimgba were invaded in the ungodly hours of the day by men of Nigerian secret police armed with doubtful warrants in the name of acting on a tip off that they were corrupt.

At a time, the world shuddered at the effrontery; the Bar watched helplessly and could do nothing beyond issuing a press release. In recent times, lawyers have become victims of security agencies brutalities. Former 2nd Vice President of the NBA, Mr. Monday Onyekachi Ubani was unlawfully detained by EFCC for weeks for carrying out his professional duties as a lawyer. Ikenga Ugochinyere, a lawyer and spokesperson of the Coalition of United Political Parties (CUPP) was detained for weeks by the police in Abuja, despite several court orders ordering his unconditional release. The Rivers State Police Command arrested and locked up Onari Taylor Harry for issuing quit notice to a tenant, Joseph Odok was arrested and arraigned on a charge of terrorism for criticizing the Cross River State Governor, Hussaini Guyuk, an Adamawa State based lawyer was detained by the police in that state for demanding the bail of his client, Godfrey Ikech-Jeff, a Port Harcourt based lawyers has been used to play ping pong as the police keep arresting and detaining him across the country on baseless allegations.

Emperor Gabriel Ogbonna, an Aba based lawyer has been in detention for over two months, courtesy of a post he made on Facebook. We have lost count of the number of lawyers that have been assaulted and battered in the line of duty. The reality is that the Nigerian lawyer has lost his respect and dignity before the public and it is our collective responsibility to restore the pride of the Bar.

This year’s election provides us with a good opportunity to reenact the NBA which used to be the pride of Nigerians. We need to elect a people oriented Bar leadership that will at all times live up to the motto of the NBA and we will in words and deeds engage in the promotion and protection of Human Rights, the Rule of Law, and good governance in Nigeria.

The NBA needs a President that is experienced, proactive and people oriented; one who understands the pains and aspirations of the average Nigerian lawyer. It’s high time, we took responsibility for our destiny by making the right choice this time around or unplug the life machine. All the three candidates jostling for the office are fine gentlemen, with sterling qualities.

However at a time like this,we need a battle tested president, one who will lead the fight from the front and leave his comfort zone for the battle field. We need Dele Adesina, SAN. He is a man who understands the terrain and is always ready to lead the charge. Over the years he has proven to be a dogged fighter and consistent promoter of the rule of law.

According to Femi Falana, SAN, “Dele is not a radical lawyer. But he is a solid liberal!” As chairman of the Ikeja branch of the NBA in 1992, he linked up with Mrs. Kuye who was then the Acting President of the NBA to give the late Chief Gani Fawehinmi, Beko Ransome-Kuti, Omojola and Femi Falana a solid defence when they were arrested. At that time of course, the Bar was a voice to reckon with. Rising up in the defence of the rights of our colleagues who were struggling towards the restoration of democracy in Nigeria.”

In another development, Mr. Femi Falana recounted how he joined in the defence of Balarabe Musa who was standing trial. According to Mr. Falana ”The NBA wasn’t involved in the matter. We had a good lawyer, the late Omolajo. Aka Bashorun was NBA President. He called the Bar chairman in Lagos and called the Bar chairman in Ikeja, Dele Adesina was Ikeja branch chairman then. He asked them to go to the tribunal to defend Balarabe Musa. They accompanied Aka Bashorun to the tribunal, and the tribunal chairman said ‘oh, Mr. President of the Bar, what can we do for you?’ he said ‘My Lord, we are here to see how the rule of law operates.’ That was what saved Balarabe Musa.”

Still on Dele Adesina’s consistency, the learned silk continued “When the NBA was taken over in 1992, they then brought out a Decree, knowing that we would go to court. Decree No. 21 of 1994 to the effect that anybody who challenges anything done or purported to be done under this Decree will be deemed to have committed an offence and sentenced to One Year imprisonment and on payment of N10,000 fine. A Decree! I told my colleagues at a meeting of the Ikeja Branch that ‘I am going to court.’ x us here must resolve to go to court together. So that if they have to jail us, let them jail all of us.’ Of course we went to court and we won the case up to the Court of Appeal.”

As General Secretary of the NBA, Dele Adesina was the pivot of lawyers confrontations against the murder of the then Chairman of the Onitsha branch of the NBA, Barnabas Igwe and his lawyer wife, Amaka who were destardly killed by unknown gunmen.

At this stage, the NBA has gone beyond organizing of fancy expensive conferences and shows. It has to re-enact it’s people oriented leadership style. The NBA needs a Dele to steer the ship at this time, a leader that will take our dear association off the life support machine and breath new life into it.

Samuel A. Etuk is a former member of the Criminal Justice Reforms Committee and current Publicity Secretary of NBA, Uyo