Many Bar Leaders have aligned with the Nigerian Bar Association (NBA) and the Electoral Committee of the NBA (ECNBA) to reject the “Directions” issued by the Attorney-General and Minister of Justice, Prince Lateef Fagbemi SAN regarding the forthcoming NBA Elections. However, a few have thrown their weight behind the nation’s Chief Law Officer.

Among the groups and individuals who faulted the Directions are former Chairman of the National Human Rights Commission (NHRC), Prof. Chidi Odinkalu; Eastern Bar forum (EBF); Midwest Bar Forum; a member of the General Council of the Bar, Mr. Kunle Edun SAN, and former NBA First Vice President, Mr. John Aikpokpo-Martins. However, Fagbemi found support in senior lawyer and fiery social crusader, Mr. Jibrin Okutepa SAN.

Querying the jurisdictional competence of the Attorney-General to issue the directions, Odinkalu asked rhetorically, “Under what source of law did he ‘direct,’ please?”

Told by a commentator that Fagbemi was acting under the leading of the Court of Appeal which “directed” him to resolve the matter, the Law teacher countered: “If he is acting under the “directive” of the Court of Appeal, is he not to report back to the Court of Appeal for that to be a consent judgment? Isn’t the case coming up tomorrow before the Court of Appeal?”

Rejecting the Directions, the Eastern Bar Forum wrote: “The NBA is an independent professional association whose affairs are regulated by the Legal Practitioners Act and the Constitution of the Nigerian Bar Association. Consequently, decisions relating to the conduct, postponement or cancellation of its national elections can only be taken by organs constitutionally empowered to do so under the NBA Constitution.”

Continuing, the Forum wrote: “For the avoidance of doubt, the Eastern Bar Forum aligns itself with and adopts the position expressed by the President of the Nigerian Bar Association, Mazi Afam Osigwe, SAN, in his Press Statement on the subject, particularly as it relates to the constitutional autonomy of the Nigerian Bar Association, the supremacy of its Constitution in regulating its affairs, and the continuation of the electoral process in accordance with the provisions of the NBA Constitution unless otherwise lawfully determined by the competent organs of the Association or a court of competent jurisdiction.”

Aligning with the EBF, the Midwest Bar Forum wrote: “If indeed the said publication emanated under the hand of the Honourable Attorney-General of the Federation, it is, with respect, a regrettable development. While the Honourable Attorney-General of the Federation occupies a highly respected constitutional position, he possesses no constitutional or statutory authority to issue directives, decisions, or pronouncements regarding or affecting the conduct of elections into any office of the Nigerian Bar Association.

“The Nigerian Bar Association is an independent professional body governed by its Constitution, and matters
relating to its electoral process fall exclusively within its internal governance framework. The National
Executive Council of the Nigerian Bar Association remains the only body vested with the authority to make
decisions, issue directives, or determine the modalities concerning the conduct of NBA elections. Any external
directive purporting to regulate or alter that process cannot supersede the constitutional structures of the
Association.

“The Midwest Bar Forum wishes to reaffirm its unwavering confidence in the integrity of the NBA’s electoral
institutions and the ongoing electoral process scheduled for July 18, 2026. We hereby call on the ECNBA to
follow thorough with the process and come out with a free, fair and credible election as no person has the
power and authority to stop the NBA election other than as provided by the NBA constitution.”

Edun disagreed with Fagbemi’s Directions, saying: “I am a past National Publicity Secretary and also a past National Welfare Secretary of the NBA. I have been a member of the NBA NEC for some years now. I have twice been a member of the General Council of the Bar. I can therefore, say that i am sufficiently familiar with the provisions of the Constitution of the NBA, the LPA and the conventions of the bar.

“I have read the statement said to have emanated from the office of the Honourable Attorney General of the Federation and appeared to have been signed by the respected silk himself. I state this advisedly because the written statement is not on the official letter head of the Honourable Attorney General of the Federation. I would not know why it is so.

“Whilst I commend the peaceful efforts of the respected HAGF and the respected NBA Past Presidents in ensuring that the NBA election is held without any rancour and calling on all the candidates to act honourable as the true bar men that they are, I am constrained to say that I am at a loss in trying to understand some of the directives in the said statement, particularly the call for suspension of the election.

“I know for a fact that the NBA Trustees and the NEC of the NBA are the only bodies, in my humble opinion, that can call for or suspend the election of the NBA. In an extreme case, the GCB may step in but frankly, the conditions that will allow the GCB to step in and take over the management of the NBA are completely lacking in the present circumstance. The GCB is constituted by the HAGF, all the AGs of States and 20 other lawyers representing the NBA. I am a member of the current GCB.”

Aikpokpo-Martins also aligned with Bar Leaders and groups who have rejected the Directions, saying: “The NBA President, the Midwest Bar Forum, the Eastern Bar Forum, NBA Representatives on the General Council of the Bar, Kunle Edun, SAN, and several other respected voices have condemned the interference of the Honourable Attorney-General in the internal affairs of the NBA.

“I align entirely with their position. Indeed, there is little to add except to restate the fundamental position of the law: the Honourable Attorney-General of the Federation has no power or vires to interfere in the internal affairs of the Nigerian Bar Association.

“The NBA is a voluntary, independent, and self-regulating professional body. Any attempt to dictate its electoral calendar, the composition of its electoral body, or the criteria for candidature amounts to unconstitutional overreach and must be resisted by all discerning members of the Bar. I must also state with utmost respect that I observed the condescending tone and tenor of the statement which resembled that of a headmaster issuing directives to his school prefects.”

Taking the issue a notch higher and referring to his earlier statement on the 2026 NBA Elections, Aikpokpo-Martins alleged that Egbe Amofin O’odua has a hidden agenda in trying to enforce its consensus candidacy, saying: “I further stated that the true motive behind the pending cases instituted by Egbe Amofin and now on appeal was not to win on merit, but to engineer a state of emergency in the NBA and foist a caretaker committee on the Association. I submitted then that the litigation was part of a broader strategy to disrupt the electoral process and impose a caretaker administration.”

Continuing, he wrote: “Consequently, I am compelled to view these unlawful directives as yet another component of the broader strategy by a cabal, operating under the cover of the otherwise respected Egbe Amofin, to foist a caretaker committee on the NBA.

“The challenge for the masterminds has been how to dictate the process for birthing that caretaker committee. Hence, our highly respected Honourable Attorney-General appears to have been misled into believing that he possesses the authority to issue binding directives to the NBA on how to pilot its affairs. He does not.

“Granted that the NBA has its governance challenges. But is Nigeria itself not also grappling with governance deficits? The Chairman of INEC was reported to be a supporter of the APC.

“While the NBA welcomes advisories from all quarters, including the esteemed office of the Honourable Attorney-General, the fact remains that the AGF has no statutory supervisory powers over the NBA to warrant such directives on how to conduct elections or administer its Constitution. The rule of law must prevail over interference, however well-intentioned.

“I therefore urge the Honourable Attorney-General not to allow his revered office to be drawn into an act that undermines the rule of law at the behest of a cabal seeking to return the NBA to the discredited delegates voting system — a system that grants a select few control over the legal profession.

“The real objective behind this turmoil is not far-fetched. It is to amend the NBA Constitution in order to revert to the delegates system, and to manipulate the zoning and rotation of national offices. Many of us see beyond the surface.

“This is not about partisanship, nor about supporting or opposing any candidate in the forthcoming election. This is about defending the independence of the Bar, preserving the unity of the NBA, and protecting universal suffrage and the principle of zoning and rotation in the office of the President. These must be preserved even as we work to make the Association better.

“I urge all members to stoutly resist this internecine interference by the HAGF.

“I also appeal to the cabal within Egbe Amofin to reconsider these self-destructive tactics. And to the NBA leadership: do not foreclose further engagement with the Honourable Attorney-General and all stakeholders, particularly past National Officers, in the overall interest of the Association. If the electoral process is the problem, it can and should be resolved through dialogue.”

But Okutepa disagreed sharply wiith those who rejected Fagbemi’s position.

In an opinion endorsed to CITY LAWYER, Okutepa, who participated in the AGF’s mediation efforts leading to the Directions, wrote: “”The HAGF did not just come into this matter just like that. His intervention followed the litigations and appeals arising from which were pending and the complaints of well meaning members of this profession. A meeting of past Presidents of the NBA was held with lawyers representing the parties in court.

“The meeting was held in the conference Hall of the HAGF office. About 12 or so past Presidents of NBA from 2000 till date attended the meeting. I think these past Presidents are leaders of the Bar and should know and they know why they attended the meeting under the auspices of HAGF. HAGF is the leader of the Bar. His office should be respected. Even when we disagree with the steps we should not ignored issues addressed in the decisions reached.

“The President of NBA was also in the meeting and participated fully in the meeting. The committee that was set up in the meeting was mandated to come out with the solutions to the problems of NBA. The committee received memorada from parties and candidates.

“While it may be true that HAGF has no power to give directions, the parties meeting and agreed to be bound by the outcome of the meeting which the HAGF chaired. As lawyers when we surrendered ourselves to arbitral processes and submitted to jurisdiction, we should be honourable to accept the decision. I have looked at many of the comments and I am unable to see why all these emotional anger. Why are we running away from the realities.

“The perceptions of bias and lack of trust in the proceses of our elections should not be dismissed with emotional wave of the hands. I just see most of the comments as rooted in partisan interests. For me NBA needs to look at itself and be honest that all is not well.”

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