In his acceptance speech within the early hours of Sunday, when he was declared because the President-elect of the over 200,000 (2 hundred thousand) members of the Nigerian Bar Affiliation, Mazi Afam Josiah Osigwe, struck the correct twine. He known as for “a moderated celebration” and urged his supporters to be “magnanimous in victory.”
Whereas interesting to his opponents to affix him within the activity forward, he known as on members to roll up their sleeves to be able to”obtain a proactive Bar that we now have promised. We have now to construct a united and inclusive Bar. We are going to take choices in the perfect curiosity of the Bar. We’re all winners.”
Fifty-two-year-old Osigwe, defeated a fellow Senior Advocate of Nigeria SAN, Mr. ChukwukaNwabuezeIkwuazom, a former chairman of the NBA Lagos department and Mr. TobennaChigboErojikwe, additionally a member of the Lagos Bar, who distinguished himself because the chairman of the Institute of Persevering with Authorized Training of the NBA. Now that the election is over, what ought to be the main target of Osigwe within the subsequent two years?
In his manifesto, MaziOsigwe, amongst different issues, promised to advocate for authorized reforms by bettering the welfare of legal professionals and enhancing the general customary of authorized apply.Nice tone!
Earlier than I set forth my agenda for our chief, it’s necessary to level out that the place of NBA President is a coveted and prestigious one. The NBA is Nigeria’s foremost and oldest skilled membership organisation. Subsequently, the holder of the workplace of President should take heed to the onerous tasks on his shoulders.
The NBA President is by statues, a member of the Nationwide Judicial Council(NJC), the physique liable for the appointment and self-discipline of judges; he’s a member of the Authorized Practitioners Privileges Committee (LPPC) the physique liable for the appointment of legal professionals into the interior Bar as SANs; he’s a member of the Council of Authorized Training, the physique liable for the admission of would-be legal professionals into the Nigerian Regulation College.
He’s additionally a member of the Authorized Practitioners Disciplinary Committee (LPDC), the physique liable for the punishment of legal professionals who breach the ethics of the authorized career; and eventually, he’s additionally a member of the Nigerian Regulation Reform Fee. The duties of this fee are apparent.
So, an NBA President who involves the job ready has a singular alternative not solely to canvass for significant authorized reforms but additionally to guide the Bar in difficult the excesses of the political class.
In an surroundings equivalent to ours, the place there appears to be an incestuous relationship between the manager arm of presidency, typically extending to the judiciary, the Bar of in the present day should rise as much as be the voice of the individuals.Maybe greater than at every other time in our nation’s historical past, the NBA wants a pacesetter within the mould of its former illustrious 14th President, the late Alao-Aka Bashorun.
Aka-Bashorun made the NBA the rallying voice within the nation’s opposition to continued navy misrule throughout the Babangida regime! Though instances are completely different, Osigwe is assuming management of the NBA at a time when there are rising considerations concerning the erosion of public confidence within the judiciary and the authorized career.
I subsequently suggest that along with his marketed manifesto, the President-elect ought to think about these solutions:The NBA ought to greater than ever earlier than see itself because the conscience of the nation. It ought to let its voice be heard when the manager violates the structure.
When the Chief Justice of Nigeria, Walter Onoghen was whimsically faraway from workplace, the voice of the NBA was muffled. Such an egregious assault on the judiciary deserved a nationwide strike by legal professionals.
When legal professionals maintain mute in such a state of affairs, they’re enabling the violators of the Structure. The NBA beneath Olumide Akpata, canvassed vigorously for the appointment of senior legal professionals to our appellate courts. I feel the brand new NBA President ought to proceed in the identical route. The late Justice Taslim Elias was appointed from the school of regulation of UNILAG to the Supreme Courtroom because the Chief Justice of Nigeria. His appointment, little question enriched our jurisprudence. The NBA ought to foyer members of the Nationwide Meeting and the Lawyer Common, and persuade them of the worth, selection and the dynamism that senior legal professionals from the Bar and the schools will add to the jurisprudence of the appellate courts.
Lastly, a variety of concern has been raised by members of the general public and authorized practitioners on the standard of individuals appointed to the Bench. They’ve been allegations of cronysm and nepotism made in opposition to the appointing authorities. Members of the general public have complained concerning the conflicting Rulings and Judgements given by courts of coordinate jurisdiction.
Regrettably, there have been instances when appellate court docket’s choices appear to be at variance with info, logic, regulation and even commonsense!This could fear the NBA.
The regulation, as I’ve had trigger to say at one other discussion board, isn’t the final hope of the frequent man as popularly mentioned; it’s the final hope of all people! If doubtful, ask former Governor el-Rufai and different former political workplace holders combating for his or her political lives.
This drawback may be addressed, in my opinion, if the NBA champions the modification of part 20 of the Third Schedule half 1of the structure of the Federal Republic of Nigeria (as amended). That part creates the Nationwide Judicial Council(NJC).That part vests an excessive amount of powers within the fingers of the Chief Justice of Nigeria.
Now, the NJC is empowered to advocate to the President among the many lists of individuals submitted to it by the Federal Judicial Service Fee,”individuals for appointment to the workplaces of the Chief Justice of Nigeria, the Justices of the Supreme Courtroom, the President and Justices of the Courtroom of Enchantment, the Chief Judges of the Federal Excessive Courtroom, the President and judges of the Nationwide Industrial Courtroom… “The query could also be requested:Who’s the chairman of the Federal Judicial Service Fee? The CJN! Who’s the chairman of the NJC? You guessed proper! It’s the CJN!
The NJC additionally has powers to “advocate to the President the elimination from workplace of the judicial officers laid out in sub-paragraph (a) of this paragraph and to train disciplinary management over such officers.”
The NJC can also be empowered to advocate to Governors from the listing submitted to it by the Judicial Service Commissions of states of these to be appointed as judges and to additionally advocate to them these to be faraway from workplace.The state of affairs will get curiouser once we look at the composition of the NJC.
The NJC consists of 24 members however the CJN appoints 19 members of the Council!If we add the CJN, meaning he appoints 20 members of the 24-person Council.Energy, the sage says, corrupts; absolute energy, he provides, corrupts completely!
The composition of the NJC wants an pressing assessment. The physique isn’t a court docket session,subsequently, authorized minds don’t have to populate it. Such a physique can profit from the knowledge of sociologists, philosophers, journalists, the clergy and retired civil servants.
The best decide of all instances, King Solomon wasn’t identified to have go by any regulation college however by common account, his adjudication of the dispute between the 2 prostitutes stays a reference level in dispute decision.
I’ve little question in my thoughts that the brand new President’s job is reduce out for him.The selection is his if he desires to go away his identify within the sands of time like the good Alao-AkaBashorun.• Gbemiga Ogunleye, Authorized Practitioner, is Principal Companion, EbunOluwa Chambers
