Bar Leaders are seemingly divided on the fate of Port Harcourt, Rivers State, as the host of this year’s Annual General Conference (AGC). The Annual Conference is by far the foremost signature event of the Nigerian Bar Association (NBA).

While the planning towards the event had been seamless before now, spanner was thrown into the works following declaration of a controversial State of Emergency in Rivers State by the Federal Government. The move led to the suspension of the Rivers State Governor and the Deputy Governor as well as all members of the State House of Assembly for an initial period of six months.

NBA has roundly criticized the declaration as unconstitutional, even as it called for the immediate reinstatement of the elected officials.

Asked whether the declaration will impact the choice of Port Harcourt as the venue for this year’s AGC, NBA President Afam Osigwe SAN told CITY LAWYER that a decision will be taken by an emergency NBA National Executive Council (NEC) Meeting holding virtually tomorrow.

Speaking with CITY LAWYER, some senior advocates and Bar Leaders have weighed in on the matter ahead of tomorrow’s crucial NBA-NEC meeting. While some flatly rejected Port Harcourt as the venue for the AGC in light of the emergency rule, others disagreed.

On his part, the immediate past Chairman of the NBA National Officers’ Election Appeal Committee, Mr. Usman Ogwu Sule SAN said that “That is for the President and the CPC to decide.”

Fiery Chairman of the NBA Citizens Engagement Committee, Mr. Kunle Edun SAN however stated that there must be conditionality for the conference to still hold in Port Harcourt.

For starters, he said that the controversial Sole Administrator appointed to replace the embattled Governor must be barred from the event.

His words: “In my opinion, the conference holding in Port Harcourt may still go ahead but the illegal sole administrator must not be invited to the conference. The State Chief Judge can represent the State. The NBA can work with the Commissioner of Police and other security and para-military organisations to provide security. If these will not possible, then the conference should be moved to another city.”

Throwing up a major challenge that may hinder the lawyers’ association in moving the conference from Port Harcourt, Edun said: “However, we should understand that only few cities in Nigeria have the facilities to host more than 20,000 lawyers in Nigeria. I trust the NBA to take the right decision.”

Also setting conditionality that must be met failing which the venue should be moved from Port Harcourt, the former Governor of Eastern Bar Forum (EBF), Mr. Soseipriye Long Williams stated that the emergency rule must be lifted in order to forge ahead with Port Harcourt as a host.

He said: “NBA should put pressure on the Federal Government of Nigeria led by President Bola Ahmed Tinubu to rescind the declaration of the State of Emergency and restore Democratic Governance within the shortest possible time in Rivers State.

“Anything short of that, the NBA should withdraw the hosting right and approach any other state Government that has the wherewithal and capacity to host the conference to do so.”

Williams, who is a former Secretary of NBA Port Harcourt Branch and former Secretary of EBF, emphasized that “The NBA AGC must not hold in Rivers State at all cost. The hosting right is not cast in rock. With the continued unconstitutional and illegal government in place in Rivers State, NBA should lead the pack by showing courage in the enforcement to the adherence of the rule of law. Anything short of that will not be acceptable.”

On their part, leading NBA presidential aspirant and former NBA First Vice President, Mr. John Aikpokpo-Martins as well as former NBA Assistant General Secretary, Mr. Okey Ohagba were categorical that the venue must be moved away from Port Harcourt.

In a cryptic message, Ohagba who is also a former member of NBA Port Harcourt Branch Executive Committee, said: “Withdraw the hosting right.”

On his part, Aikpokpo-Martins the fiery and estranged NBA Section on Public Interest and Development Law (NBA-SPIDEL) Chairman, said: “The NBA should move the venue no matter the inconvenience.”

Perhaps the only Bar Leaders who are unequivocal that the AGC must hold in Port Harcourt are Mr. Clement Timothy, Chairman of the NBA Young Lawyers Forum (YLF) Governing Council and Mr. Bulus Yohanna Atsen, former Chairman of NBA Abuja Branch (Unity Bar).

While Timothy stated that “It should hold in PH,” Atsen argued that it is even more imperative now that ever before to hold the conference in the Garden City, saying only insecurity may stall it.

His words: “I am of the opinion that the NBA should proceed to hold its Annual General Conference (AGC) in Port Harcourt, Rivers State, as scheduled, regardless of the current state of affairs in the State. The promotion of rule of law is most needed where it is in deficit and not surplus. This means that it is even more compelling now for the NBA to hold the AGC in Port Harcourt.

“Were the likes of Alao Aka-Bashorun, Gani Fawehinmi, SAN (of blessed memory) and Olisa Agbakoba, SAN to protest against military regimes by exiling themselves from Nigeria, they would not have achieved much in awakening the consciousness of Nigerians to aspire for civil rule and good governance. To withdraw hosting right from Rivers on account of the state of emergency in the State, for which the NBA has made its stance abundantly known, would be tantamount to the NBA exiling itself from the State. That does not make it look good.

“However, this position does not object to the leadership of the NBA changing the hosting State of the NBA AGC from Rivers if it has other compelling reasons to do so. For example, where the security of participants cannot be guaranteed. It will be recalled that the 2020 NBA AGC was bid to hold in Port Harcourt but was eventually done virtually in Abuja due to COVID-19.”

Perhaps taunting the lawyers’ association as being “in a very terrible quandary,” the Publicity Secretary of the rival Nigerian Law Society (NLS), Mr. Steve Sun wrote in a viral post: “They’re opposed to Tinubu’s 6 months suspension of civilian government in Rivers State, yet they’re going ahead with plans to hold their 2025 Annual General Conference in Port Harcourt in August. In other words, they’ll be holding their AGC under Martial Law.”

It remains to be seen how the NBA-NEC will approach the issue tomorrow. It was also unclear whether the uncertainty created by the emergency rule will compel extension of the Early Bird window which is scheduled to close on Monday, March 31.