It is the typical fashion of a drowning man to make gasping efforts at survival, if anything, to be noticed and at least court the sympathy of the watching public, before eventually surrendering to the misfortune that awaits him. Such kind of conduct is what I find in the quite unfortunate reaction of a distinguished Senior Advocate of Nigeria by the name Glanville I. Abibo brought to my knowledge early this morning by a very senior colleague in whom I am well pleased. In Abibo’s diatribe on the person of Prof Ernest Ojukwu, SAN─ a frontline contender for the office of the President of the Nigerian Bar Association (NBA) in the forthcoming elections, our learned silk, from the emotions that was writ large in his submissions called out the eminent professor of law, for what he described as “destroying a house he spent over 10 years to nurture and build because of seeking 2 years of vain glory”. It was a rather uncharitable way of throwing Prof Ernest Ojukwu under the bus, as the Americans would say, for not being slave to the anachronistic traditions of the Eastern Bar Forum (EBF), a caucus of the bar, that that was supposed to lobby in the best interest of its members at the National Executive level of the NBA. Abibo SAN, no doubt from what this writer could make of his submissions is a top supporter of the chosen candidate of the EBF for the office of the presidency of the Bar, in the person of Arthur Obi Okafor, SAN. And in the estimation of the Abibos of this world, Prof. Ernst Ojukwu ought to have shelved his ambitions against the backdrop of the forum’s endorsement of a different candidate. Coming from a senior advocate whom one presumes ought to be liberal and in sync with the democratic tenets of 21st century civilization, it was pretty unfortunate. And that is to put things mildly. Abibo’s ‘renditions’ no doubt is coming in reaction to a statement credited to Prof Ernest Ojukwu sometime last week where he deconstructed the circumstances that gave relevance to the “adoption principle” of the EBF, and why the realities of today no longer support same. In the words of the learned professor of law…” in the life of every organization, there are changes that happen from time to time…the delegate system has been changed to a one man one vote. So we are no more representing a group of people. You are representing yourself……those who insist that in spite of the universal voting that others must succumb to their own process are only those who are disinterested in the development of openness and transparency. What they want is dictatorship in the bar, they want to grab power at all cost. They don’t want equal participation, they want to deprive Nigerian lawyers of decision making……I am a democrat. The fact that I founded the EBF based on the best democracy, full blown and equal participation, engineering and putting people together to be a bridge builder and I succeeded 100%….In the circumstance of universal voting and zoning, the principle of adoption becomes antithesis to bridge building and to democracy and equal participation and responsible leadership….any forum that still focuses its goal on adoption has outlived its usefulness. If they want to remain relevant, they ought to redesign their goals. As long as they continue to focus on a single goal of adoption of candidates, they have outlived their usefulness (OMMISSION OURS). The above was the background that gave birth to Mr. Abibo’s assassination of the character and personality of the eminent professor, against the fine traditions of comradeship at the bar, and decorum in dialogue and debates. Now, for starters, until the 2016 election of the NBA, lawyers in Nigeria did not have the right to vote for the leadership of the Bar directly. What obtained at the time was a practice whereby the leadership of the body is zoned to different zones who normally adopt a candidate and a delegate system was used in electing the president of the association. It was a loose electoral college system that did not imbue every eligible member of the association with voting rights. It was this system that gave fillip to the founding of the EBF by the eminent professor as well as a host of other senior members of the eastern bar at the time in order to properly negotiate their presence at the national executive level of the foremost association. However, with the introduction of the extant 2015 constitution of the association which was amended and adopted at the Annual General Meeting held in Abuja on the 27th of August, 2015 by the Augustine Oyarekhua Alegeh led NBA, the delegate system of voting was retired obviously for its undemocratic and opaque nature and in its stead, a universal suffrage system was written into the constitution courtesy of section 9(4); a system that allowed for every member of the association who had paid their practicing fees and branch dues on or before the 31st of March of every year, to be eligible to vote at the election. To ensure an even more seamless operation of this system, the 2nd schedule of the new constitution also introduced Electronic voting as the mode of electing national executives of the association. It was a revolutionary moment for the NBA. While giving its reasons for recommending e-voting for the then forthcoming 2016 election, the De Carba Tetengi (SAN) led NBA Constitutional Review Committee stated that “this will encourage transparency and widespread acceptance of the outcome of the election and obviate needless controversies which tend to distract from the standing of the NBA as a leader in the fight against electoral malfeasance”. Courtesy of this, the 2016 election that brought in the incumbent national executives of the association was conducted electronically, the litigation that dogged the process eventually notwithstanding. In the same vein, the scheduled election for 27th-28th July 2018 barring any postponements that may be made in the wake of the crisis swirling the e-platfom provider─CHAMS Plc, would be conducted electronically many lawyers, including this writer having been verified and prepared to exercise their franchise on the day of election. With this development, that allowed for wider reach of members of the association to dictate its leadership as it should be, in any organization of progressive minds, Prof. Ernest Ojukwu SAN, after indicating his intention to run for the leadership of the association went about his campaigns without resting the chances of his ambitions on the sentiments of a few crop of persons at the EBF knowing that at the end of the day, the ballot would be decided by thousands of lawyers who as we write have been accredited to participate in the election. It is this justifiable move of the dynamic and ambitious professor of law, that has conduced to give Mr. Abibo and his friends at the EBF sleepless night. Hence the diatribes of the learned senior advocate on the person of the eminent Prof. what can be more ridiculous? Now, it is a basic fact of our existentialism that the only thing constant in life is Change. It is the power of Change that led to the emergence of black man to head the most powerful nation on the face of the modern world. It is thanks to the force of change that today, a former military head of state now call the shots at the seat of power, in Abuja. Conscious of the need for societies not to be trapped in the past but to be dynamic as ever, in catching up with the demands of modernity, the cerebral Justice of the Supreme Court of Nigeria(now of blessed memory), Chukwudifu Akunne Oputa, once admonished his colleagues at the bench on the need to be forward looking and progressive in their judgments in the following words, that have today become eternal: the Supreme Court should always be alive to the idea that as society is organic, even so should law be. Anything organic is subject to the law of life which is either growth or die. We are either ascending the steps of life or descending into the precipice of death. For these reasons our Supreme Court cannot afford to be STATIC and backward looking. For in a society laboring under the shackles of poverty, ignorance, disease, indigence and want, there is really little if anything to conserve. The only alternative open to the Supreme Court therefore, is a realistic and level headed progressiveness”. Nothing could be more apt. Now, whereas the eminent jurist had spoken these words in the context of the need for judicial activism, we humbly submit that its substance speaks eloquently of the need for progressive thinking in any organization of men of which the NBA, nay EBF cannot recuse itself, otherwise pay the ultimate price of descending to the “precipice of death” in the thought of the late lord Justice. It goes without saying that many years ago before the white man crossed path with our fore-fathers, idolatry and other sundry barbaric practices of traditional African Societies such as slavery, killing of twins and a host of other barbarities were practiced without any form of remorse. But with the light of civilization, those practices have since been archived in the annals of history to forever remind us of how far we have come as a people. We have dwelt on all these to properly contextualize the essence of Change, and how the wind of circumstances should dictate the choices made by any generation of people. And it must be pointed out that it is immaterial if those who were at the vanguard of the ‘erroneous’ practices of the past, are also those in the vanguard of their erosion. In any event, we have seen persons who moved from being the chief priest of certain deities going on to take up the dog-collar to preach against the same values they superintended before the light of change dawned on them. The biblical story of the Apostle Paul present us with a practical example of this. Whereas he was in the forefront of the persecution of the early Christians, he would later become the greatest preacher of the gospel of Christ. In the same connection therefore, if Prof. Ernest Ojukwu SAN in the past exuded the ideals of the EBF, but has today come to the realization of its uselessness to the extent that it thaws away at democratic principles, by ‘foisting’ leadership on a people, we must commend him for his capacity of discernment, and the boldness to call a spade by its name, instead of restoring the anachronistic status quo! But this is what has become so difficult for the elements within the EBF to appreciate. And instead of learning a thing or two from the dynamism of the man, he has been hung in the sun to dry. Sir Granville Abibo SAN called him a “turn coat”. And the expletives continue. The only “sin” of their sworn nemesis, was that he refused to surrender to their prejudice. Wonders shall never end! The EBF until this day has not told us the rationale for their endorsement of Arthur Obi Okafor; SAN. Which goes to substantiate what many progressive elements within the bar have echoed as per the ability of the process of adoption throwing up unpopular individuals and for the most part, misfits, provided they have the endorsement of their zonal caucus which endorsement is often transactional. Mr. Abibo while struggling to make a case for the credentials of the incongruous system he proposes says, “ the process of adoption is devoid of imposition. The template is a fine-tuned process that brings the best candidates forward. The candidates are thoroughly screened by a clear and transparent process of sniffing the wheat from the chaff. The process also involve a double-check of the presentability of the candidates to the NBA( the type the Prof is scared of). The process also ensures an equitable and seamless distribution of offices amongst the various branches and also obviates a rancorous system of presentation of candidates in a plural yet multifaceted society such as ours”. Distinguished learned colleagues, nothing can be more hypothetical. When Mr.Abibo spoke of “presentability”, one wondered what he meant by that in the context of its usage. He made things worse when he went further to submit that it is this “presentability” that “the Prof. is scared of”. Suffice it however to say that in those words, the learned silk shot himself in the foot, as it spoke, even if unsaid, the parochial considerations that inform the endorsement of the EBF. Is “presentability” a function of height, stamina, grace, or just what? We were not told. I should think that “presentability” in the context of elections ought to be the strength of the manifestos and policy thrust of the individual candidates for the election, and not other mundane considerations that have no implications for leadership. And if our definition of “presentability” holds true, then contrary to the assertions of Mr. Abibo, the learned professor cannot be “scared” of those. His projected programmes for the bar as encapsulated in his campaign mantra: SETTING A NEW BAR, remains the most comprehensive original and not least, practical of the lot angling for similar office. One understands the frame of mind that inform the bare-faced attack on the learned professor of Law by his adversaries, including Mr. Abibo, SAN. It is the morbid fear to enthrone Change. And as such any character that seeks to do otherwise, is bound to come to ruin by a band of these reactionary elements fighting tooth and nail to preserve the old order even when time has shown it has had its day in the sun, and thus overripe for retirement. It is this same anachronistic plague however which thaws away at the body politic of the NBA and for which only a revolutionary leadership can cure, that the candidacy of Professor Ernest Ojukwu; SAN represents, hence why he remains the candidate to beat at the forthcoming election. That his preachments have caught fire among the younger generation of the organization, is only but a testament to the vivacity of his candidacy. Let those who want to remain under the rock while the civilized world are erecting tents in strange planets continue to live in the past. We must however warn that they may not be as lucky as the 12 boys trapped under a cave in Thailand three weeks ago, before the world came rallying to their rescue. In conclusion, let us quickly observe that as much as Professor Ernest Ojukwu, SAN wants to lead the bar, this ambition is not parochial, nor is it self-serving, but rather altruistic and utilitarian. Therefore, it is not a do or die affair as much as I am at home with the waters of his humanity and personality. This much was seen in his objective reaction to the disqualification of the former General Secretary of the association, Mazi Afam Osigwe in controversial circumstances. It was not to him a case of “one man down” as the EBF must have received the news. Little wonder why it has not weighed in on the foggy circumstances that led to the disqualification of the former scribe, who needless to say is a member of this forum. And so when Mr. Abibo, SAN says, “Prof still owes the EBF an apology even after the elections where surely HE WOULD COME UP LAST” (my emphasis), I see desperation on the part of the EBF to compromise the process to prove a point to the eminent professor, for running fowl of their jejune codes. I see a hand writing writ large on the wall on the level of subterfuge that may have been deployed by certain “powers that be” within the bar, to concession the entire process. And with the recent drama engulfing the body briefed to oversee the electronic voting as was detailed by that very impressionistic and non-partisan member of the bar, Prof. Chidi Odinkalu, in a recent article, one can only expect the worst. And so yes! The EBF may have spoken with one voice as Mr. Abibo,SAN enthused, but the voice of the EBF cannot be the voice of the “people” in the context of the forthcoming election which would be decided by thousands of lawyers depending on the preference of the individual voter. Political Science 101, after all tells us that Democracy is a game of numbers. Mr. Abibo, SAN and his EBF would do well not to count their eggs until it is hatched. One of the fundamental features of democracy as far back as in ancient Greece is the room it gives the people to decide who should preside over their affairs and not leaving same to be decided by a microscopic few under the guise of “zoning”, “adoption” or whatever choice of nomenclature. This room is effectuated through the system of universal suffrage that makes every eligible voter a critical stakeholder in the scheme of things. It must be in order to catch up with the demands of modernity that the NBA constitution was amended three (3) years ago to embrace a wider membership of the bar in the election of its national executives, thus overruling, even if not expressly, the mundane practices of the past. This system no doubt makes for more transparency and exposes the would-be leaders to the voting mass who would have the opportunity before hand, to scrutinize them against their antecedents and manifestos before making informed choices at the ballot. Professor Ernest Ojukwu, SAN, no doubt, understands this hence why he has refused to be trapped in the dogma of the EBF and their shenanigans. And this is why Sir Granville Abibo SAN’s recriminations must be taken with a pinch of salt, to the extent that it scandalizes democratic ethos and stands inches away from worn out oligarchic traditions. This is not what the Nigerian bar needs at this time. I hope I have not taken too much of your time! Raymond Nkannebe, a legal practitioner and public interest commentator wrote in from Lagos. Comments and reactions to raymondnkannebe@gmail.com ]]>

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