The popular acronym for the Nigerian Bar Association is “NBA”.
The NBA is the sole professional body for every lawyer called or admitted to the Bar in Nigeria by the Body of Benchers. According to an NBA official publication by the NBA secretariat-
"NBA is the non-profit, umbrella professional association of all lawyers admitted to the Bar in Nigeria and a member of all statutory bodies that regulate the Nigerian Bar and Bench."
"The NBA is engaged in the promotion and protection of human rights, the rule of law and good governance in Nigeria. It has an observer status with the African Commission on Human and People's Rights, and a working partnership with many national and international governmental and non-governmental organisations concerned with human rights, the rule of law and good governance in Nigeria and across the world."
"The NBA is Nigeria's foremost and oldest professional membership organization and Africa's most influential network of legal practitioners, with over 140,000 lawyers on its roll in 128 active branches across the 36 States and the Federal Capital Territory of Nigeria. It is organized into three practice Sections, eleven fora, and two institutes, all supported by one National Secretariat."
On the other hand, the Annual General Conference (otherwise abbreviated as “AGC”) of the NBA is an annual gathering where members of the Bench and Bar and other critical stakeholders (local and international) meet to relax, reunite or network at individual and or group levels.
The AGC offers golden opportunity for conferees to converse, reflect on or take stock of past and present activities in the polity.
It is also a formidable platform for lawyers to set agenda for future constructive engagements with public authorities and institutions in order to deepen democracy and rule of law.
There is no gainsaying the fact that NBA AGC is a big deal as it has many high profile persons including local and international focal groups and organisations in attendance.
The 2023 hybrid version of the NBA AGC will hold in Abuja, FCT from 25 August to 1 September 2023. The theme of the 2023 AGC of the NBA is “GETTING IT RIGHT, CHARTING THE COURSE FOR NIGERIA’S NATION BUILDING”.
Why this topic?
Although Nigeria attained political independence in 1960, it must be accentuated that nation building is a continuum.
Nation building is the business of all citizens with the leaders showing the way. That said, it is a very sad commentary that Nigeria is yet to make an audacious start on the pathway to nation building because of rudderless leadership and tepid or traumatised followership.
The central theme of the 2023 NBA AGC is therefore very timely for scores of reasons. This is the first NBA AGC to be held after the 2023 general elections and consequential swearing in of elected political office holders on 29 May 2023.
The conference is holding at a time when there are unprecedented number of election petitions lodged in various Election Petition Tribunals across the country over the conduct of the Presidential, Senatorial, House of Representatives, Governorship and State House of Assembly elections by INEC. As judgments in these highly contentious petitions are eagerly being awaited, these have no doubt made “all eyes to be on the judiciary”.
Furthermore, the multidisciplinary dimensions of the conference theme are more than welcome as true reflections of contemporary national realities. Nigeria is a country but yet to become a nation. Nigeria’s nationhood is problematic and has become increasingly threatened by many fault lines- economic, social, cultural, religious, civil and political.
Judging by the central theme, sub themes and high caliber of eminent persons scheduled to speak or lead discussions at the confab, this is an indication that the NBA is prepared to proffer plausible and pragmatic solutions to the Federal and State Governments on what can be done to usher in unity and faith, peace and progress. It may not be diversionary to opine that as Nigeria is currently disunited, rudderless, retarded and under-developed; many Nigerians (many of whom are unpatriotic or do not have faith in the Nigerian project) do not know that “UNITY AND FAITH, PEACE AND PROGRESS” is the Motto of Nigeria as provided in section 15(1) of the Constitution of the Federal Republic of Nigeria, 1999 as amended. Discussions at this epic conference must therefore reflect on this mantra knowing the indispensable roles that unity, peace and progress play in building progressive nations.
The 2023 NBA AGC promises to be action packed but tension filled because of the high expectations of the Nigerian public from this conference of lawyers.
Throughout the period of the conference and thereafter, all eyes are going to be on the NBA.
Aside the adoption or rejection of proposed amendments to the NBA Constitution (some of which are controversial), the conferees are expected to contemplate how to advise the government on use of the instrumentality of the rule of law to cushion the hard biting impacts of the ongoing reforms on the masses. This is going to be tough as an estimated 130 Million Nigerians are said be living in extreme poverty regardless of the objectives of Goal 1 of the United Nations SDG- Eradicate Poverty in All its Forms Everywhere.
Thus, conferees are expected to articulate sustainable pro-poor development policies for the new federal administration and the yet to be sworn in Ministers of the Government of the Federation. In the same wise, conferees are expected to set legislative agenda to encourage the 10th National Assembly and the House of Assembly of States to truly make laws for the peace, order and good government of the Federation and States respectively as required of them under section 4 of the Constitution of the Federal Republic of Nigeria, 1999 as amended.
Latching on its motto of “Promoting the rule of law”, the NBA conferees are expected to pointedly advise political leaders at both the State and Federal levels to eschew nepotism, sectionalism and parochialism and encourage inclusiveness as required under section 14 of the Constitution of the Federal Republic of Nigeria, 1999 as amended. There can be no good governance without inclusion and inclusivity.
After the conference, NBA is expected to liaise with other stakeholders to continue to mobilise the citizens to hold leaders accountable and never to sacrifice national unity on the altar of ethno-religious jingoisms.
In interrogating the ramifications of the conference theme “GETTING IT RIGHT, CHARTING THE COURSE FOR NIGERIA’S NATION BUILDING”, many are expecting the conferees to evolve workable new strategies which the government should adopt to contain insecurity, banditry, insurgency, kidnapping, armed secessionists and militants ravaging different parts of the country.
Increasingly, lawyers and judicial officers are becoming endangered species. Judicial officers, lawyers and court officials are being targeted and killed or kidnapped. Court buildings are being destroyed and court records are burnt and resort to criminal self help has become the order of the day. What can NBA do differently to win back waning public confidence on the Bench and Bar? What new strategies should the NBA adopt in instilling discipline amongst its teeming members and weeding out professional misfits from amongst its fold?
Irrespective of perceived shortcomings of the judiciary, what more can NBA do in the continued and inevitable protection and defence of the judiciary as the bulwark of democracy and sentinel of justice?
What new strategy will the NBA adopt to impress it upon the recalcitrant executive and legislative branches of government at State and Federal levels that judicial autonomy (including its fiscal independence) is an irreducible minimum in nation building?
Role of lawyers in nation building cannot be overemphasised.
Law is an instrument of social engineering. According to Justice Surya Kant of the Supreme Court of India, “Lawyers are not mere professionals whose sole purpose is to represent their client. Instead, their role is that of social engineers." Lawyers are flag bearers of democratic development. In order to truly chart the course for nation building and as required of lawyers as social engineers, the NBA must fully activate its watchdog role and stamp out all forms of professional misconduct amongst its members.
Coincidentally, rule of law, the prized motto of the NBA is the most viciously attacked component of democracy in the polity- beginning with the many cases of disobedience to court orders, executive lawlessness, legislative rascality to contemptuous conducts of powerful institutions and individuals to mention a few.
It is expected that the current NBA leadership should mobilise conferees to double their efforts in containing blatant abuse of the Bench as represented by the snide comment or phrase “GO TO COURT”. Those who break the law or infringe or violate the rights of others and gleefully urge their victims to go to court must be made to realise that the court is not a sanctuary for law breakers.
Looking inwards, NBA has a lot of housekeeping to do. The NBA leadership and members must rise from the NBA AGC 2023 fully and firmly resolved to end the rampant complaints of young lawyers about exploitation by their senior colleagues and to wipe out all forms of sexual harassment or abuses by law students and other undergraduates in institutions of learning.
Beyond sweet talks that will be traded on that august occassion, all eyes will be on the NBA to fathom out the lawyers’ welfare needs given the biting effects of subsidy removal? This of course should include a palliative or welfare scheme for young lawyers and social safety nets for the elderly lawyers. Injury to one remains injury to all.
At the risk of sounding repetitive, nation building is a continuum and should involve all citizens. An unexamined life is worthless. It is good that lawyers are going to lead the discussion on charting a new course for nation building as proposed in the 2023 NBA AGC.
However, after the conference, NBA must ensure that Nigerian leaders are made to remain alive to the core tenets of good governance which are accountability, transparency, fairness and responsibility. Good governance is an indispensable tool in nation building. Nation building can only be achieved if it is anchored on respect for the rule of law.
A new normal is possible!
🖋️
*Prof Obiaraeri, N.O.*
■Former Chairman, NBA Okigwe Branch/Member, NBA NEC [1997 -1999]
■Member, NBA Owerri Branch
