LAGOS BAR-BENCH RELATIONS: TIME FOR ALUTA?

In this article, PHILLIP NJETENEH, former Financial Secretary and Treasurer of the Nigerian Bar Association (NBA), Lagos Branch goes down memory lane on the controversy surrounding relations between the Lagos State Judiciary and the branch

IS NBA LAGOS WIRED TO BE PERPETUALLY IN OPPOSITION IN LAGOS?

I am forced to ask this question due to recent developments which are recurrent decimal in our branch history.

At the last Branch meeting the Exco, learned seniors & members generally expressed their frustration at the cold shoulders given the Branch by the Lagos CJ over the offer to help and overtures of the Premier Branch over the recent destruction of courts & court facilities.

A few days ago the CJ of Lagos during the visit to the CJ by Exco of NBA Ikeja Branch the CJ warmly welcomed the Exco and openly refuted the allegation that he shunned NBA Lagos Branch or that he was having any grudge with NBA Lagos Branch.

Such frosty relationship between the Bar & Bench relationship (Premier Branch & the Bench in Lagos) is not new. During the winding down days of Bola Tinubu tenure as Governor the state govt gave out coaster buses to NBA Branches in Lagos State and the Premier Branch was effectively excluded from that largesse.

During the tenure of Fashola (a lawyer & a branch member) half hearted efforts were made at correcting this but it yielded no result. I say ‘half hearted’ because I recall as the Branch Fin Sec under the Chairmanship of Milord Taiwo Taiwo I was among the few vocal ones insisting we give this matter a more serious push than we gave it then & what we got was the result if our half hearted effort – no bus.

During the tenure of Mr. Okoli SAN the Branch was denied use of the Foyer for our meetings which gave rise to further denials. That same period the Branch was ejected from the small office space it occupied at the Court of Appeal Lagos Division.

It’s on record today that Lagos Judiciary gave a piece of land to NBA Ikeja Branch to build its Bar Center & I equally recall that when Ikeja Branch were about to commence work on the building project the then Lagos CJ gave NBA Ikeja Branch N10,000,000 (that’s the highest amount Lagos CJ has given any Branch that I know of).

If at all, Ikeja Branch either as a Branch or it’s officers have given Lagos State Judiciary or past CJs more headache than NBA Lagos Branch will ever give it, yet we suffer more from the actions and inactions of various CJs of Lagos.

Again, the Premier Branch has been more docile about the actions & inactions of the Lagos CJs than Ikeja Branch with Lagos choosing to engage or dialogue which often enough leads to nowhere. Take for instance the last increase in fees by the Lagos Judiciary. Our Branch chose to engage and at the end of the day while we were waiting for engagement the increase had taken effect. We all know what happened in Osun State under similar circumstances.

We have been enjoying the Big Boys status and it’s time we ask ourselves ‘is this big boy status hurting our profession/practice or promoting it’?

Yes we host the grandest dinners, we host the loudest parties, we engage rather than ruffling feathers, we call the shots but how has this helped us in the long run?

Are we better off?

Could we be better off?

Should we do things differently?

It calls for deeper reflections.

Copyright 2020 CITY LAWYER. The views and opinions expressed in this blog are those of the authors and do not necessarily reflect the official policy or position of the blog. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag. All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

‘I HAVE NO GROUSE WITH NBA LAGOS’ – JUSTICE ALOGBA

  • CJ TO HOST LAGOS BRANCH SOON

The Chief Judge of Lagos State, Justice Kazeem Alogba has said that his relationship with the Bar is cordial. Justice Alogba disclosed this yesterday during a courtesy visit by the newly elected Executive Committee of the Nigerian Bar Association (NBA), Ikeja Branch led by its Chairman, Mr. Bartholomew Aguegbodo.

An unimpeachable source who attended the meeting told CITY LAWYER that though the chief judge stated that he had read the report on alleged frosty relations between him and NBA Lagos Branch, he initially declined to speak on the matter, saying that the judiciary does not respond to social media reports.

Our source said that the chief judge was however persuaded to respond to the allegation by former NBA Vice President, Mr. Monday Ubani who emphasized the significant role of social media as a contemporary source of information, adding that the CITY LAWYER blog is credible and reliable.

Turning to the allegation, Justice Alogba flatly debunked any frosty relations with NBA Lagos Branch, saying that he is merely a hostage to his tight schedule. Noting that he is always shuttling between Lagos and Abuja to attend to official matters and summons, the respected jurist stated that there is no deliberate plot to shut out the Lagos Bar.

According to our source, Justice Alogba emphasized that there is no reason for frosty relations between him and the Bar, given that both the Bar and Bench are working towards speedy and effective justice delivery. Justice Alogba noted that since the Bar and the Bench are working towards a common goal, it is expedient for them to ensure a conflict-free relationship in the interest of the masses.

He used the courtesy visit to pledge more support for Ikeja branch. While asking the branch to remain focused, Alogba admonished lawyers to work towards salvaging the image of the profession.

He noted that since misunderstanding is inevitable in every organisation, NBA inclusive, it is honourable for the association to be professional and mature in handling any internal misunderstanding whenever such occurs in order to save the profession.

Speaking on the enormous amount of records lost at the Igbosere High Court during the ENDSARS crisis, the Chief Judge informed members of the Bar of the several efforts by the Judiciary in securing temporary court premises.

He appealed to lawyers to plead with their clients with pending cases to exercise patience until the commencement or the completion of the temporary sites, adding that criminal cases are given priority due to the current coronavirus pandemic.

Meanwhile, there are strong indications that the chief judge may soon meet with the leadership of the Lagos Branch. A source who is familiar with the impending meeting told CITY LAWYER that plans are at an advanced stage for a courtesy visit by the Lagos Bar.

It is recalled that CITY LAWYER had in a report stated that there were anxieties within legal circles on the alleged frosty relations between the chief judge and NBA Lagos Branch. This was a major issue on the agenda during the last monthly meeting of the branch. The current leadership of the branch will bow out on June 30, 2021.

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NBA IKEJA ELECTION: UBANI QUITS, BLASTS CARETAKER C’TE

BY EMEKA NWADIOKE

Former Nigerian Bar Association (NBA) Second Vice President, Mr. Monday Ubani has resigned his position as a member of the NBA Ikeja Branch Caretaker Committee mandated to conduct election for the branch.

In a letter made available to CITY LAWYER, Ubani cited lack of obedience to NBA Bye-Law on elections as his major reason to throw in the towel, saying the conduct is an affront on his values.

His words: “Hypocrisy of this magnitude is a lethal sin. My nature abhors it. I hereby resign my membership of the Caretaker Committee of NBA Ikeja of 2020 to avoid being part of the persons that will engineer an unnecessary crisis in my beloved Branch. Already I am aware of some members’ plans to drag the Branch into another round of crisis. It is unnecessary.  I had better walk away!”

It is recalled that the immediate past NBA President, Mr. Paul Usoro SAN had dissolved the branch Election Committee following a joint petition by AWLA President and 6 others on the constitution of the Committee.

Usoro appointed a three-man Caretaker Committee to midwife the branch elections. Aside from Ubani, other members of the committee are Messrs Olabisi Ade-ademuwagun and Adebamigbe Omole.

LETTER OF RESIGNATION FROM THE CARETAKER COMMITTEE OF NBA IKEJA.

It is with regret that I tender my letter of resignation from the Caretaker Committee of NBA Ikeja. The main reason for resignation is to avoid my name which I have built over the years to be dragged into the mud by anybody from the branch.

What makes my resignation imperative is the brazen stance of some members of the branch  to go against the National Body despite clear letters written by both the outgone and present National Exco that the Caretaker Committee should toe the line of legality in the conduct of our forthcoming election by adhering to the Resolution of NEC of NBA in Jos  and Benin both in 2016.

The major problem is with Article 6(3) of the 2015 Uniform Bye Law which bars a candidate from contesting for a new office if he or she has not spent the requisite number of years after occupying executive position twice at the Branch or at National office. At the branch level you are required to stay off for five years, while at the national level you are required to stay off for ten years.

The said article 6(3) was resolved at Jos NEC in 2016 to have retrospective effect and reiterated or reaffirmed in Benin NEC of same 2016. It is on record that I was the only person that raised a voice against the retrospective effect of that Article in Jos NEC of 2016 and was overruled.

Since then, the interpretation has been used to disqualify any candidate who has held two executive positions without allowing the requisite number of years to exhaust before seeking for a further office all over the branches and at the national level.

Part of the Caretaker Committee’s mandate is to conduct an election for the Branch for the year 2020. Having cleared and published the voters list, the next task was to clear the contestants. However we had a petition written against one of the candidates seeking for the chairmanship position alleging that he has held two executive positions at the Branch level and has not exhausted the requisite five years before seeking for the new office.

Our findings supported the allegation and to avoid being accused of bias the Committee sought clarifications from both the outgone and present national Secretariat and they in their various letters dated 5th of August, 2020 and 14th of September, 2020 reiterated the fact that Article 6(3) of the Uniform Bye-law be  applied retrospectively and advised the the Committee should not depart from the said application moreso since the interpretation as adopted in JOS NEC has not been reversed in any subsequent NEC, AGM or by the court.

The Committee of the branch met few days ago and on a sad note decided to proceed with the said election by clearing every person including the candidate that was caught up with Article 6(3) of the Uniform Bye Law of 2015  despite the clear clarifications of the National Body that set us up in the first place. I vehemently dissented with this view and insisted that the new National Exco be written seeking clarification to the said Article if we were still in doubt as to the interpretation of that section of the law.

The Committee had to retrace the wrong step they had earlier on taken by complying with the interpretation of the contentious section   after they got a response from the present Secretariat reitering the fact that we should abide with NEC Resolution of Jos 2016.

 The Committee thereby disqualified one of the Candidates who is contesting for the chairmanship position because he has held offices for two times and have not stayed off from contesting from five years as required by the said Bye Law.

The position of the law is that the said candidate stands disqualified from contesting the 2020 NBA Election. That is the status quo ante properly interpreted.

It is regrettably though, that I have to resign the membership of the committee that refused to do the right thing in the first place.  Such behaviour is not in tandem with what I believe and stand for in the NBA. It is improper to undermine the integrity and strength of our national body through our actions at the Branch level whereas everyone in our inner-most heart, desires a very strong and united bar. Hypocrisy of this magnitude is a lethal sin. My nature abhors it. I hereby resign my membership of the Caretaker Committee of NBA Ikeja of 2020 to avoid being part of the persons that will engineer an unnecessary crisis in my beloved Branch. Already I am aware of some members’ plans to drag the Branch into another round of crisis. It is unnecessary.  I had better walk away!

God bless NBA!

Monday O. Ubani (MOU) Esq,
Former Chairman of NBA Ikeja and former 2nd VP of NBA.

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.