TheNigeriaLawyer Editorial
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“Well over a year and a half ago, the Yakubu Chonoko Maikyau, SAN led administration took over the management of the Nigerian Bar Association, with his candidacy for President of the Association generating the most support from members in the Association’s history. In the July 2022 NBA elections which heralded his administration, Mr. Maikyau, SAN polled 22,342 of the 34,557 votes cast for presidency of the NBA – which earned him 64.7% of the votes cast. With the significant popularity and support for Mr. Maikyau’s candidacy came high expectations of the Association’s new leadership, but in its twilight, many lawyers have expressed their disappointment with his posture of leadership. Conversely however, the NBA President, scores his administration high in reporting the successes of his administration.
This report therefore considers the key highlights of the current administration of the NBA under Mr. Maikyau SAN against the background of his Manifesto for the office of President, and the opinion of lawyers, in querying whether the administration has lived up to the lofty expectations of its members.
KEY HIGHLIGHTS OF ACHIEVEMENTS OF THE MAIKYAU-LED ADMINISTRATION OF THE NBA
At the request of TheNigeriaLawyer [TNL], the Maikyau-led administration of the NBA forwarded to us a detailed report/score card of some of his achievements so far as President of the NBA. Some key highlights of the report are:
- On Administration of Justice
The administration notes that he constituted the NBA Working Committee on Judicial Remuneration and Conditions of Service which recommended an upward review of salaries and allowances of Judicial Officers, and that its report has been adopted by the Federal Government. It also notes that the NBA Committee on Judiciary is presently working on Constitutional Reform Proposals that provide for eliminating factors which cause delays in justice delivery, and on Police reforms notes that the NBA has identified several issues which formed the core areas of focus in engagement with the Federal Government.
Furthermore, the administration notes that it continues to engage the Federal Government to respond sustainably to concerns of overcrowding, under staffing, limited medical care, poor administration, long detention of awaiting trial persons and has also engaged the Federal Government on the need to strengthen the ability of the National Human Rights Commission and the Legal Aid Council to deliver on its mandate.
Most significantly, the administration reports that the NBA Probono center was established in the first quarter of 2023 to provide a wide variety of civil and criminal representation.
Commentary:
While most of the above noted achievements may be commendable, they do not seem to have lawyers in focus. Furthermore, we find that the frequent reference to “engagement” of the federal government seems difficult to evaluate. There are no timelines for any expected outcome. These “engagements” are also not unique to the current administration, and we find it difficult to list them as it’s achievements. Every administration of the NBA has often engaged with government on issues around the judiciary, police and prison reforms – and this administration has failed to state what it has uniquely done during its own engagements.
There is also a lack of traction of some achievement listed, for instance, the NBA Probono Centre by the report was established in the first quarter of 2023 and at the time of this report is still yet to fully kick off as a project.
- On Professional Development:
The administration notes the promulgation of the Legal Practitioners Remuneration Order and amendment of the Rules of Professional Conduct for Legal Practitioners, the NBA-ICLE trainings, the Inauguration of the General Council of the Bar and the NBA bespoke mentorship programme for young lawyers as its achievements.
Commentary:
Whilst the Promulgation of the Legal Practitioners Remuneration Order and the amendment to the Rules of Professional Conduct for Legal Practitioners have occurred under the current administration of Mr. Maikyau, SAN it is arguable if these events are directly flowing from the advocacy of the current administration. What is without argument however is that the NBA-ICLE trainings for which the administration takes credit, cannot be attributed to this administration of the NBA. Indeed, the NBA-ICLE’s current chairmanship had organized, and continues to organize trainings before the current administration took office.
Furthermore, the inauguration of the General Council of the Bar by the Attorney-General of the Federation is listed as an achievement by the Maiykau-led administration without any inclusion of what role the administration played which led to the inauguration.
- On Institutional Development:
The current NBA leadership lists secretariat restructuring improved digital presence, development of the NBA portal, creation of the NBA mobile App, establishment of a new NBA blog and operationalized data protection by engaging a Data Protection Compliance Officer (DPCO) as its achievements.
Commentary:
On this aspect, the current administration again included projects of its predecessor in office as its own achievements. The innovation of the improved digital presence, development of the NBA portal and creation of the NBA mobile App are all projects of the Olumide Akpata-led administration of the NBA.
Also, the score card shows no active action that has been taken on Secretariat restructuring other than, what is intended to be done but which is yet to commence. Whilst we commend the innovation of the NBA Blog, it is note worthy that at the time of the report the NBA Blog has two IP address https://blog.nigerianbar.org.ng/ and https://nigerianbar.org.ng/blog.
- On Institutional Development:
The current administration of the NBA states that it has continued to engage subregional, regional and international law and law related institutions with a view to enhancing and deepening collaboration specifically on areas that would enhance legal practice and create opportunities for members. It also notes that NBA is at various stages of partnership with several International Bar Associations.
Commentary:
Whilst the continuation and expansion of international collaborations by the NBA is laudable, the report of the current administration gives little insight on the impact of some of the impactful collaborations and their result. For instance, the Report notes that the NBA has a Collaboration Agreement with JRP (Justice Reform Project) Foundation and Partners West Africa Nigeria (PWAN) on the NBA Court Monitoring Scheme, but the result of the Court Monitoring Scheme or any information about it was not stated in the report.
- On Public/ Lawyers Interest Intervention:
The administration lists, the NBA State of the Nation Dialogue, Election Monitoring, NBA collaborating with INEC in facilitating the prosecution of electoral offenders, NBA Free Medical Outreach, NBA President’s on-going dialogue with the heads of security agencies, the NBA President dialogue with the President on issues such as Naira-redesign, state of the economy, rejection of the UK/Nigeria Expanded Trade and Investment Agreement on Legal Services etc., as its achievements.
Commentary:
This aspect of the NBA’s score card reflects verifiable successes of the current administration. In its wake, the NBA hosted the State of the Nation Dialogue, which put important subjects of national interests in perspective. Also verifiable was the NBA’s crucial role on election monitoring during the 2023 national elections in Nigeria.
Also, the NBA Free Medical Outreach and clearly cordial interactions with the President of the Federal Republic of Nigeria remain the most notable highlights of the Y.C Maikyau, SAN-led administration. The presence of President Bola Ahmed Tinubu at the 2023 Annual General Conference of the Nigerian Bar Association, clearly reflected the cordial relationship that exists between the NBA leadership and the President of the Country – which has eased interaction on issues at the national level.
- On Opportunities for Lawyers:
The administration lists the constitution of The NBA Employment Bureau and creation of Opportunities under the African Free Trade Agreement (AfCFTA) as its major achievements.
Commentary:
On this aspect of its scorecard, we can confirm that the NBA leadership has indeed advertised opportunities for lawyers in federal government Agencies like the NDLEA and the Nigerian Immigration Service. However, the impact of the NBA AfCFTA Working Group is yet to be seen.
- On Welfare of Members:
The administration notes 2000 additional members to its Health Insurance Scheme, a Life Insurance scheme which has given Fifty-Four (54) families of members over NGN 97 million, and Flood Disaster Relief efforts as its achievements.
Commentary:
Whilst the current Administration cannot take credit for the NBA Health Insurance Scheme or Life Insurance, the expansion of the number of members covered under the Health Insurance scheme is commendable and an achievement. However, its report did not state how many members of the Association benefited from the Flood Disaster Relief, if any.
- On Young Lawyers:
The current administration lists the NBA-ICLE trainings for New Wigs and the provision of Free Law Pavillion accesses to young lawyers as its achievements.
Comment:
The holding of the NBA-ICLE trainings for New Wigs and the provision of Free Law Pavilion are innovations inherited from the last administration. Whilst it is commendable that they are continued, they are inherited innovations.
Y.C MAIKYAU’S PROMISES UNDER HIS MANIFESTO.
From our analysis of the score card of the Y.C Maikyau-led administration of the NBA, it seems apparent that the administration has taken a posture of continuing most of the innovations of its predecessors with little innovation. However, to judge the administration rightly, Mr Maikyau’s tenure must be judge vis-à-vis his promises to members under his campaign manifesto.
The highlights of Mr. Y.C. Maikyau SAN’s campaign manifesto was reported here https://thenigerialawyer.com/manifesto-highlights-i-will-standardize-remuneration-of-lawyers-if-elected-the-new-nba-president-y-c-maikyau-san/
We will now evaluate the extent to which Y.C Maikyau, SAN has fulfilled his campaign promises to members:
- To renew the access card of the 1000 members who were paid for by the NBA to be subscribed into the NBA NHIS GIPSHIP in its first year of office and then pay for an additional 1,000 for each year of his administration to be drawn from lawyers with 1-7 years post call and physical challenged lawyers.
Verdict: Whilst the administration reports completion of this promise, some lawyers who were asked about the scheme noted that although their information was taken for registration purposes under the NHIS scheme, they are yet to receive any cards or registration. Therefore, the performance of this promise remains arguable.
- To provide free medical outreach across the branches.
Verdict: Whilst the NBA under the Maikyau-led administration has had some medical outreaches, for example, the medical outreaches held during and immediately after the NBA Annual General Conference in 2023, the outreaches have not been across the Branches of the NBA. Therefore, on this promise there has been only partial completion.
- To Negotiate with NBA insurers concerning achieving an increase in 50% in the payout if the incentives are increased in NBA life assurance policy.
Verdict: There is no information in the Administration’s report that this promise has been met. We rate this promise as uncompleted.
- Access to Credit: Negotiating with CBN to classify law firms as Small and Medium Scale Enterprises (SMEs) thus providing lawyers with access to credits.
Verdict: There is no information in the Administration’s report that this promise has been met. We rate this promise as uncompleted.
- Bring to effect E-consultation between doctors and members of the NBA under the NHIS Scheme.
Verdict: There is no information in the Administration’s report that this promise has been met. We rate this promise as uncompleted.
- Standardize renumeration of lawyers.
The Legal Practitioners Renumeration Order 2023 was promulgated to standardize compensation of lawyers for their services.
Verdict: Whilst the impact of the Revised Order will be seek in the coming months this promise is adjudged completed.
- Protect the territory of the NBA and its members from competition of other professions and international law firms.
Verdict: Following the NBA’s vocal challenge of the encroachment of the practice space of Nigerian Lawyers under the Y.C Maikyau-led administration, especially with its rejection of the UK/Nigeria Expanded Trade and Investment Agreement on Legal Services, we score this promise as partly completed.
- Establish the NBA Employment Bureau meant to find employment placement in Government agencies and parastatals for members who do not intend to practice in the public or private bar.
Verdict: This promise is adjudged completed.
- Invest in NBA-ICLE for continuing professional development.
Verdict: This promise is adjudged completed.
- Diversify the array of speakers and participants of the annual NBA general conference as well as continuing free conferencing for lawyers who are senior citizens whilst extending the gesture to physically challenged lawyers.
Verdict: Whilst it is difficult to note what was intended by diversification of speakers, we observe that the first NBA-AGC under the Y.C. Led administration was free for senior citizens and lawyers with disabilities as promised. We therefore score this promise as completed.
- Intensify effort to see the enactment of the Legal Practitioners Bill to bring about regulatory reforms.
Verdict: This promise is adjudged completed.
- Review the current LPDC rules to include the NBA in the discipline of her members.
Verdict: With the review of the Rules of Professional Conduct achieved under this administration, this promise is adjudged completed.
- Continue the current restructuring to bring a befitting NBA secretariat.
Verdict: There is no information in the Administration’s report that this promise has been met. We rate this promise as uncompleted.
- Ensure the representation of diversity of members in committee appointments.
Verdict: There is no information in the Administration’s report that this promise has been met. We rate this promise as uncompleted.
- Settle debts of the NBA and increase the revenue generation base of the association.
Verdict: There is no information in the Administration’s report that this promise has been met. We rate this promise as uncompleted.
- Move to a safe and secure electronic stamp system.
Verdict: There is no information in the Administration’s report that this promise has been met. We rate this promise as uncompleted.
- Work with NUC, CLE, Faculties of Law in Universities for the advancement and reform of legal education in Nigeria.
Verdict: There is no information in the Administration’s report that this promise has been met. We rate this promise as uncompleted.
- Ensure the NBA has a clear justice sector policy for improvement of justice delivery.
Verdict: There is no information in the Administration’s report that this promise has been met. We rate this promise as uncompleted.
- Ensure a reform of the bar-bench relationship.
Verdict: There is no information in the Administration’s report that this promise has been met. We rate this promise as uncompleted.
- Use technology and other innovations for a speedy dispensation of justice.
Verdict: Whilst the NBA currently boasts of its digital transformation drives, there is no information in the Administration’s report that this promise has been met. We rate this promise as uncompleted.
- Promote, advocate and protect Rule of law as well as the independence of the judiciary.
Verdict: This promise is adjudged completed.
- Prioritize young lawyers and their inclusion in appointments in committees of the NBA as well as the strengthening of the YLF.
Verdict: There is no information in the Administration’s report that this promise has been met. We rate this promise as uncompleted.
- Mentor young lawyers.
Verdict: With the NBA establishment of its mentoring scheme we adjudge this promise is adjudged completed.
- Ensure the legal profession can attain global competitiveness.
Verdict: With the continued NBA-ICLE international training partnerships we this promise is adjudged completed.
- Recognize and promote the different fora of the NBA.
Verdict: There is no information in the Administration’s report that this promise has been met. We rate this promise as uncompleted.
- Ensure international collaborations and relationships.
Verdict: This promise is adjudged completed.
- Make use of all legal instruments and avenues to scrutinize government activities as it relates security and to enlist volunteers for the prosecution of pro-bono criminal matters to support National security.
Verdict: There is no information in the Administration’s report that this promise has been met. We rate this promise as uncompleted.
Therefore, of the 27 above highlighted promises that Y.C. Maikyau, SAN noted in his Manifesto to become President of the Nigerian Bar Association, our independent analysis- based on the administration’s score card is that 10 of his promises have been completed, 2 have been partially completed and 15 have not been completed. Bringing his Manifesto Completion/Performance rating so far to 37%.
OPINION OF LAWYERS ON MAIKYAU, SAN ADMINISTRATION’S PERFORMANCE
Independent of our above rating of the Maikyau-led administration of the NBA, we sought the opinion of members of the Association of their score of the administration vis-à-vis their expectations when it took over. In a poll conducted between April 17th 2024 and April 23rd 2024 from a total of 485 members of the Nigerian Bar Association, on whether Y.C. Maikyau SAN has demonstrated strong leadership qualities as the NBA President, lawyers voted as followed:
- 93 voted that Y.C has demonstrated exceptionally strong leadership.
- 71 voted that Y.C has demonstrated strong leadership.
- 86 voted that Y.C has demonstrated average leadership.
- 80 voted that Y.C has demonstrated weak leadership.
- 155 voted that Y.C has demonstrated very weak leadership.
From the voting, 33.8% of lawyers believe that Y.C. Maikyau, SAN has demonstrated strong or exceptionally strong leadership qualities as NBA President, but 17.7% of lawyers believe he has demonstrated Average leadership. Most lawyers (i.e. 48.5%) however believe he has demonstrated weak or very weak leadership as President.
CONCLUSION
From our analysis of the performance of Y.C Maikayu, SAN as President of the Nigerian Bar Association so far, his performance has been below average both by his own Manifesto and by the opinion of majority of lawyers. His administration’s score card reflects very few innovations of his administration, and this has reflected in the way his administration is perceived by lawyers. The administration, like most others, have had its controversial issues, however, for a fair analysis this report elected to judge the administration by its own commitments – but is still fell short.
Many lawyers view NBA president Y.C. Maikyau, SAN, as someone who claims to be a saint but has conflicts with everyone—from the ECNBA, which conducted his election, to his executive team, and even the NBA-SIPDEL leadership—without introducing any meaningful programs during his tenure. Some also consider him as someone who mingles with the current government to gain personal benefits.
As the NBA begins to prepare for another election cycle, it is imperative that members of the Association scrutinize the candidates and their manifesto promises. The current administration of the NBA is also enjoined to reconsider its lofty campaign promises and execute them before pulling the curtains. Doing so could perhaps re-ignite the lost hope of members in the most popular NBA President in the Association’s history.
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