AWOMOLO LETTER: WHAT SANs, BAR LEADERS, OTHERS ARE SAYING

Many Bar Leaders and lawyers have been weighing in on the recommendation by Chief Adegboyega Awomolo SAN that the next president of the Nigerian Bar Association (NBA) should be sourced from the rank of senior advocates.

Aside from the presidential aspirants, many lawyers have also joined the fray in reacting to the controversial letter.

Awomolo had in a letter to former NBA President, Chief Onomigbo Okpoko SAN stated that “It will be a great failure of leadership for the senior advocates to surrender leadership to the outer bar when there are willing and able senior advocates,” urging him to convene a meeting of the Body of Senior Advocates of Nigeria (BOSAN) to deliberate on the matter. Okpoko is yet to respond to the leaked letter.

Below are some of the views of Bar leaders, senior advocates and other lawyers on the letter.

KEMI PINHEIRO, SAN
Awomolo SAN expressed his personal opinion and conviction. That is a right guaranteed to everyone one. The NBA has had non SAN presidents before. So it is not going to be news if we have another pls. HEAVEN WILL NOT FALL. However those calling for a revolution should be reminded about what became of the movement to abolish the rank of SAN or the Revolution Now movement in the larger political space!!! A child who wants to become the head of the house while his father is still alive must first find out and understand how the house was built!!! More particularly those who say their candidate is opposed to parochialism must remember that the entire NBA constitution is anchored on parochialism by the zoning of offices to sections of the country and that by paying your branch dues you have subscribed to that constitution albeit parochialism!!

JIBRIN OKUTEPA, SAN
I do not think that anyone should be castigated for his or her views on an issue that the person feels too strong about. Prior to the views expressed in the letter of Chief A S Awomolo SAN on whether the position of the President of the Bar be reserved for SAN, many had expressed the views that the position should not be for only SAN. I think one of the hallmarks of democracy is the freedom of expression. There is no need for anybody to castigate Chief Awomolo SAN or those who hold contrary views. Chief Awomolo SAN has been playing leading role in bringing the members of the Bar together. As lawyers we are not bound to see things the same.

PROF. CHIDI ODINKALU
I have known and respected Asiwaju Gboyega Awomolo, SAN for long. This letter by him concerning #NBADecides2020 is at best ill-advised. The mind-set here inhabits a world of unearned privilege & entitlement with no sense of responsibility. I hope it no one takes it seriously. Any system in which a minority claim entitlement to rule over the majority has only 1 name: Apartheid.

OSAS ERHABOR
That statement by the learned Chief Awomolo is uncalled for both in terms of poor timing and context. It is very divisive and certainly not needed in the heat of campaign for the Presidency of the Bar. This also is my personal opinion.

TUNDE FAGBOHUNLU, SAN
A candidate’s qualification to lead the Bar should be a function of his/her competence and integrity. It is entirely immaterial whether he/she is or IS NOT a Senior Advocate of Nigeria.

DAME CAROL AJIE
The position of Chief Awomolo SAN that the office of the President of NBA should be the exclusive reserve of SAN is impolite and disrespects the majority. As INEC counsel defending some democratic institutions Asiwaju ought to know that majority be respected. The duties and privileges of a SAN are clearly spelt out and restricted to the courts. Period! You have a distinct group known as Body of SANs? Only SANs should lead there not in NBA. I had thought you would deal with NBA constitutional issues of rotation within the sub-region. Why do you have such disdain for the NBA Constitution? It does not restrict the office of the President to SAN?

AHMED T. UWAIS
For me this is a game changer, some years ago my dear friend Afam was disqualified simply because he was not an SAN. Its not a provision in the NBA Constitution that in order to contest and be elected the NBA President you have to be an SAN. Though it has been long since any non SAN was elected the president of NBA, in my humble view this election is not about electing an SAN or not as the right person to lead our dear profession which has been declining in terms of integrity, respect and influence in our society.

CHUKWUKA IKWUAZOM
The decision to vote a candidate as President of the Bar should not be based on the titles that the candidates bear. It should be based on an objective assessment of the character, ability, track record and programmes of each candidate. In the same manner, I disapprove of any campaign to vote for a candidate because he/she is not a senior advocate, I disapprove of the statement allegedly issued by the very respected Silk, Chief Awomolo.

OLUKAYODE ENITAN, SAN
The forthcoming NBA elections should be made a revolution that we all should ensure succeeds in bringing forth the best of us in content of character, abundance of capacity and excellent antecedents devoid of parochial and pecuniary sentiments!

ANTHONY MALIK, SAN
Mr. Gboyega Awomolo, SAN is, by any parameter, a doyen of the Bar. I respect him and appreciate his overall contributions to the Bar and the enrichment of our body of laws. Regrettably, I am unable to navigate my way through the contents of his letter. In clear terms, his letter does not enjoy my endorsement in the least. We have a Constitution which has just been amended and it serves no good importing into it what is not contained therein. If it was the desire of the Association to make the Presidency of NBA the exclusive preserve of SANs, a provision along this line would have been inserted in the Constitution.

ADEMOLA ADEWALE
This statement credited to Highly respected member of BOSAN Chief Adegboyega Awomolo SAN, is not only unfortunate but capable of boomeranging and destroying the chances of the very able and competent SANs who are in the race to become the next President of the NBA!!!!! To start with it comes across as arrogant and condescending!!!! Particularly when it is considered that most of the voting electorate is overwhelmingly non SAN!!!! So as we all await the NBA election that will lead to the emergence of the next President of the NBA, let our focus be on competence and vision of service to our great Association!!!! Not rank or status!!!!!

AFAM OSIGWE
I subscribe to the view that to attain leadership at the Bar, you do not have to be a Senior Advocate. If you are a Senior Advocate, that’s fine, if you are not, that’s also fine. If the NBA thought it was important for you to take the top job, you must be a senior Advocate, It would have put it in the NBA constitution. Since there’s no stipulation that one must be a Senior Advocate, then it’s a non-issue. To the question, “Is it imperative that one be a senior advocate to aspire to be president”, one must note that Dr Mudiaga Odjeh, Alao Aka Bashorun, Prince Bola Ajibola, Charles Idehen to name a few were NBA Presidents without taking Silk at the time of their election. And that tradition has continued to be maintained in our constitution.

GODWIN OMOAKA, SAN
I read with utter shock the letter by eminent Senior Advocate of Nigeria, Chief Adegboyega Awomolo in which he argued that the office of the President of the Nigerian Bar Association should be reserved only for Senior Advocates of Nigeria. As a member of the inner bar, I strongly disagree with the views expressed by my respected leader and learned brother silk who appears to have lost touch with the current trend in the profession. The letter is, at the very least, discriminatory (it offends section 8 of the NBA Constitution), ill-thought out and clearly divisive. I see it as an attempt to pitch SANs against the majority of our colleagues in the outer bar.

AYULI JEMIDE
“It is a great failure of leadership for the Senior Advocates to surrender leadership to outer bar when there are willing and able senior advocates,” says Adegobyega Awomolo SAN. I consider this ‘inner vs outer’ notion as discriminatory.

SANNI ABBAS
The learned senior advocate has not written a letter as to the issue of welfare of lawyers, he has also not proffered an opinion on the minimum wage to be paid by senior advocates even when it is in public domain how much many senior lawyers pay lawyers (peanuts). It’s an open secret that some Silk do not even pay close to what non senior advocates are paying i.e he pays take home that is not even enough to take you home.

SILAS ONU
I was not surprised by the content, especially coming from Awomolo SAN. I must state for the sake of clarity, that I know as a fact, that so many Senior Advocates, properly so called, are not in support of the letter from Awomolo SAN and will never share his view on the NBA leadership. In the nearest future, the activism record of individual, public interest litigations and penchant for defending the right of person should be the core criteria for Bar leadership. Legal practice is different from leading the Bar. The Bar leadership requires a person who can jump in the mud with the masses to protest against abuse of human rights and unconstitutional actions of government.

SANship: AKPATA, OGUNLANA FAULT AWOMOLO, ADESINA SPEAKS

More aspirants have condemned the call by Bar leader, Chief Adegboyega Awomolo SAN that the next president of the Nigerian Bar Association (NBA) should be sourced from the rank of senior advocates.

Awomolo had in a letter to former NBA President, Chief Onomigbo Okpoko SAN stated that “It will be a great failure of leadership for the senior advocates to surrender leadership to the outer bar when there are willing and able senior advocates,” urging him to convene a meeting of the Body of Senior Advocates of Nigeria (BOSAN) to deliberate on the matter. Okpoko is yet to respond to the leaked letter.

One of the presidential aspirants, Dr. Babatunde Ajibade SAN had earlier dissociated himself from the call, saying that “The focus should be on the character, capacity and antecedents of persons who aspire to lead our profession and not on their title or rank.”

While Mr. Dele Adesina SAN did not issue any direct response to the controversial letter, he had prior to the publication of the letter and as a part of his law series, written an article which spoke to the issue. Titled “Insights: A Bar For All,” he wrote: “As a firm believer in the objectives of the Nigerian Bar Association and the role it plays to its members and the community, I believe our Association is at a critical point in history where unity of purpose and synergy among lawyers is in desperate need.

“As such it is not a time for members to instigate division either among the senior members of the Bar and juniors or among the Senior Advocates and Non – Senior Advocates. I believe as members of the NBA, the Association is for the benefit of all members irrespective of position or ilk.

“The Leadership of NBA must always ensure strategic collaboration between the NBA, its Sections, Forums and other bodies such as the Body of Senior Advocates of Nigeria, Law Officers Association of Nigeria, Law Teachers Association of Nigeria, Association of Lawyers with Disabilities in Nigeria, Christian Lawyers Fellowship of Nigeria (CLASFON), Muslim Lawyers Association of Nigeria (MULAN) and ‘Federación Internacional dé Abogadas’ a.k.a. ‘International Federation of Women Lawyers’, Capital Markets Solicitors, and any other interest groups among us.

“Our Association must continue to be a pillar of support and strength for the specialised bodies and individuals in pursuit of their goals and objectives. We must also resist any and all efforts to cause a division among our ranks, if the NBA must remain relevant, active and successful in its role.”

In a terse response on his verified Twitter handle, another presidential aspirant, Mr. Olumide Akpata said: “I have a lot of respect for the rank of SAN & I encourage those who aspire to it. But this letter by Awomolo SAN is a disservice to all lawyers who want a better Bar.” 

On his part, Mr. Adesina Ogunlana, another presidential aspirant who was disqualified by the Electoral Committee of the NBA (ECNBA), in a broadcast on his verified Facebook handle described the letter as “extremely amusing,” adding however that the Bar leader “is entitled to his opinion.” Ogunlana has petitioned the ECNBA over his disqualification.

Hinting that the kernel of Awomolo’s “lamentations” is a quest to “protect the interest of his class”, he stated that Awomolo’s era “generally have failed this country. They have not added value most of the time – good value. They have failed us; it is a failed generation. They are used to privilege. He has not advanced merit in canvassing (Chief) T. J. O. Okpoko.”

He discredited Awomolo’s assertion that all NBA presidents since its rebirth from the 1992 Port Harcourt debacle have all been senior advocates, noting that Chief Lanke Odogiyan completed the tenure of Chief Bayo Ojo SAN.

He said that Awomolo has “exposed the inner thinking, inner workings and the pains and anguish of people they call Body of Senior Advocates of Nigeria, that there is a concerted effort to keep the leadership and all the things that connect to that leadership of the NBA in their ranks.”

Saying that this may explain why all the NBA committees at the national level are headed by SANs, Ogunlana added that “There is a clear intention given by the monopolistic hold of the senior advocates on the NBA that they are the repository of wisdom, that they are the repository of intellectual knowledge.”

He distinguished between the association and the profession, adding that the Bar leader has not only shown that he “is not a democrat,” but is advocating gerontocracy and plutocracy. Describing the rank of senior advocate as “fraudulent,” he stated that any move to amend the NBA Constitution to reserve the position of NBA president for only senior advocates “will be resisted.”

He stated that the issue of leadership of the association “should not be whether the aspirant is a senior advocate or not. “It should be, is this person competent? Does he have the know-how? What is the programme and what can he do? That is the issue?” He stated that voters should cast their ballots for either SANs or non-SANs based on their competence.

Describing Awomolo’s letter as “a gross insult to himself,” Ogunlana stated that the Bar leader has “betrayed that he doesn’t understand and accept democracy for what it is.”

Awomolo’s letter read: “Since you (Okpoko) became the president of the reformed NBA in 1998, and to avoid what happened in Port Harcourt in 1992, all successors to the office of the president have been senior advocates of Nigeria.”

“With respect, I believe you need to urgently call a meeting of the past presidents of the NBA and do all within your powers to preserve the integrity, honour and respectability of the office of the president of the NBA,” Awomolo said.

“What I hear is an unannounced but powerful and potent revolutionary move by our junior colleagues who are very much in larger numbers to wrestle the office of the NBA from the rank of SAN.

“That, in my view will be unfortunate for the rank. To the members of the public a ridicule of the rank and office of the president of the NBA.”

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