• ‘THE SCREENING WAS HUMILIATING’ – SAN-DESIGNATE

The Nigerian Bar Association (NBA) has commenced moves to stop invitation by security agencies of applicants for the award of the coveted rank of Senior Advocate of Nigeria (SAN).

CITY LAWYER gathered that NBA President, Mr. Afam Osigwe SAN was “highly furious” when it was confirmed that the Directorate of State Services (DSS) invited the SAN applicants for “screening.”

Rule 23(2) of the “2022 guidelines for the conferment of the rank of Senior Advocate of Nigeria and for related matters” issued by former Chief Justice of Nigeria, Justice Olukayode Ariwoola provides that “The list of candidates will also be sent to the Independent Corrupt Practices Commission, the Economic and Financial Crimes Commission and the State Security Service for a confidential report to be issued within 21 (twenty-one) days as to whether any of the shortlisted candidates is, or has been, the subject of any petition, investigation, prosecution or conviction.” CITY LAWYER observes that previous conferment guidelines did not contain this provision.

A top aide of the NBA President told CITY LAWYER that Osigwe was “highly furious” when he learnt that the SAN applicants were invited and grilled by DSS operatives. There are strong indications that some of the applicants may have been invited after they had been announced by the Legal Practitioners Privileges Committee (LPPC) as SAN-designates.

“Mr President was even more disappointed that none of the SAN applicants complained to the NBA on the invitation,” the aide said. “We only became aware of the worrisome development when it became a subject of online debate.”

CITY LAWYER gathered that Osigwe has recently engaged in a flurry of high-level discussions with “key stakeholders to ensure that this anomaly does not recur in the next conferment exercise.”

The aide clarified: “Let’s be clear: NBA is not against security agencies filing reports on the SAN applicants. The DSS has a legal duty therefore to conduct inquiry and submit a confidential report to the LPPC. The provision for confidential report is a provision of law or subsidiary legislation, pursuant to the Legal Practitioners Act, Cap L11 Laws of the Federation of Nigeria 2004. But we are vehemently opposed to the methodology of inviting SAN applicants for grilling as if they are politically exposed persons or suspects.

“Our view is that the power given to the DSS to write confidential report on aspirants to the rank of SAN does not extend to physical invitations for questioning. The investigation must be discreet. No candidate should be subjected to the treatment of invitations for this purpose as was done this year.

“We are therefore of the firm view that the best way to proceed with such inquiry is to discreetly gather background information about them (SAN applicants). I can assure you that the NBA leadership is taking steps to ensure this does not happen again.”

There are strong indications that the fear of disqualification or adverse report may have made the applicants to keep mute about the DSS invitation. When CITY LAWYER reached out to one of the SAN-designates to confirm the invitation, the successful applicant did not provide any response at press time.

Stakeholders are concerned that the provision for security screening by DSS, EFCC and ICPC may open a Pandora’s Box where applicants are subjected to processes that impugn their dignity and open them up to harassment by the state and its agencies.

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