By Sylvester Udemezue

In a joint statement issued on 17 April 2025, the Chairmen of all branches of the Nigerian Bar Association (NBA) in Rivers State strongly condemned the Rivers State Sole Administrator, Vice Admiral Ibok-Ete Ibas (retd.), accusing him of unconstitutional actions that undermine democratic governance.

The NBA criticized the suspension of elected officials and controversial appointments, calling these acts unlawful and harmful to democracy. The NBA urged President Tinubu to review the emergency governance in Rivers, reinstate the elected Governor Siminalayi Fubara, and uphold the people’s mandate, warning that normalizing such overreach threatens Nigeria’s democracy and rule of law.

On 28 April 2025, news broke that Mrs. Cordelia Eke, the Chairman of the Nigerian Bar Association (NBA), Port Harcourt Branch (in Rivers State) was issued a query by the Rivers State Sole Administrator, Vice Admiral Ibok-Ete Ibas (retd.), through the Ministry of Justice.

The query, dated April 25 and signed by Ebiriemg Deresima, Director of Administration at the Ministry, accused Eke of “serious misconduct” for co-authoring a communique that criticized the state administration for “severe and brazen acts of lawlessness and impunity,” including the alleged dismantling of democratic institutions and suppression of peaceful protests. On the query, the Sole Administrator contended that such actions violated the Public Service Rules and were unbecoming of a civil servant.

ISSUES ARISING FROM THE ABOVE

Institutional Independence and Representational Capacity: The disciplinary query issued by the Rivers State Ministry of Justice against Mrs. Cordelia Eke, a Director in the Ministry and the current Chairman of the NBA Port Harcourt Branch, for a position allegedly taken in her official capacity, is fundamentally flawed. The Nigerian Bar Association (NBA) is an independent, non-governmental professional body with its own legal personality. When a Branch Chairman speaks on behalf of the Association, such expression is attributable to the institution, not the individual. Holding Mrs. Eke personally accountable in her capacity as a civil servant for actions undertaken as an elected representative of the NBA undermines the principle of organizational independence and contravenes established norms governing professional bodies.

Freedom of Expression and Professional Advocacy: Section 39(1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) guarantees the right to freedom of expression: a right that applies to all citizens, including public servants. Furthermore, Rule 42 of the Rules of Professional Conduct (RPC) 2023 expressly allows lawyers to “write articles for publication” in support of justice and public legal enlightenment. Additionally, Rule 1 of the RPC 2023 mandates all lawyers to uphold the rule of law and promote justice at all times. The position reportedly taken by Mrs. Eke in the discharge of her NBA responsibilities clearly falls within the scope of these constitutional and professional protections.

NBA’s Constitutional Mandate and Public Interest Responsibility: Under Section 3(11) of the NBA Constitution, the NBA is specifically mandated to “promote the rule of law.” This obligation is carried out through its branches and their elected officers.

As Chairman of the NBA Port Harcourt Branch, Mrs. Eke is not only permitted but obligated to speak and act in furtherance of this objective.

Any effort to intimidate or penalize her for fulfilling this constitutional role constitutes an assault on the autonomy of the NBA and sets a dangerous precedent for undermining the independence of the legal profession.

Public Perception and the Question of Peacebuilding: A legitimate question must be asked: Is the Sole Administrator (SOLAD) in Rivers State deployed to build peace, or to suppress dissent and intimidate professionals? The stance adopted by the Ministry of Justice risks being perceived as punitive, high-handed, and inconsistent with democratic norms. The legal community and the general public are likely to view the threat of dismissal as an attack on institutional accountability, particularly when aimed at an official carrying out a legitimate, democratically conferred mandate in the public interest.

In light of the foregoing, the disciplinary query and implied threat of dismissal against Mrs. Cordelia Eke are inconsistent with constitutional guarantees, professional conduct rules, and the NBA’s own constitutional objectives.

The Rivers State Ministry of Justice is hereby urged to withdraw the query and reaffirm its respect for the independence of the legal profession, the autonomy of the NBA, and the constitutional right of lawyers to advocate, criticize, and promote the rule of law; even when such advocacy challenges governmental authority.

To be continued.

• Sylvester Udemezue (udems) is the Proctor at The Reality Ministry of Truth, Law and Justice (TRM) and can be reached at TheRealityMinister@Gmail.Com.