MEMBERSHIP

NBA MEMBERSHIP MANDATORY FOR LAWYERS, SAYS COURT

A High Court sitting in Enugu State has ruled that membership of the NBA is mandatory for all legal practitioners and therefore automatic upon call to Bar and/or on commencement and/or continuance of the practice of the Legal profession in Nigeria.

The Court gave this decision in SUIT No. OB/27/2020: BEN OLOKO V. THE INCORPORATED TRUSTEES OF NIGERIA BAR ASSOCIATION DELIVERED ON FRIDAY, THE 29TH DAY OF JULY, 2022 BY HON. JUSTICE R. O. ODUGU, Enugu State High Court, Obollo-Afor Division.

In an originating summons, the Plaintiff claimed the following reliefs against the Defendant:
1. A declaration that the Nigerian Bar Association is not a compulsory association to which every legal practitioner becomes a member automatically upon call to the Bar or commencement and/or continuance of the practice of the legal profession in Nigeria; but a completely private and voluntary organization of legal practitioners, who are interested in the set objectives of the association and have exercised their free volition to join and or/participate in the activities of the association per time.

2. A declaration that the Nigerian Bar Association lacks the power to increase the Annual Practising Fee for legal practitioners in Nigeria, same being a function reserved for the office of the Attorney-General of the Federation, hence the Annual Practising Fees remains as stipulated under the Legal Practitioners (Bar Practising Fees) Notice, 2002, viz: Senior Advocates of Nigeria (N20,000); Legal Practitioners of 15years or more standing post call (N10,000); Legal Practitioners of 10years or more standing but less than 15 years post call (N7500.00); Legal Practitioners of 5years or more standing but less than 10 years post call (N4, 000.00); Legal Practitioners of less than 5 years standing post call (N2,000. 00)

3. A declaration that the Nigerian Bar Association lacks the power to produce and/or issue stamp and seal to be used by all legal practitioners in Nigeria in a professed bid to curb the encroachment of quacks into the practice of the legal profession, same function having been conferred on the Registrar of the Supreme Court by statute.

4. An order of perpetual injunction restraining the Defendant either by itself or its agent(s) or servant(s) from imposing any form of structures and or/duties and//or obligations on the Plaintiff and indeed all other legal practitioners, who may opt not to belong to the Defendant’s association, (including payment of annual dues; mandatory acquisition and use of Nigeria Bar Association seal and stamp on processes and documents) tends in any way to constitute the Defendant as a general umpire, overseer and/or superintendent of all legal practitioners in their practice of the legal profession in Nigeria, including the Plaintiff and other legal practitioners, who may choose not to be members of the Defendant’s association.

The issues for determination as formulated by the Plaintiffs, and adopted and determined by the Court are as follows:

1. Whether the membership of the NBA is mandatory for all legal practitioners and therefore automatic upon call to Bar and/or on commencement and/or continuance of the practice of the Legal profession in Nigeria.

Resolution: This issue was resolved in favour of the NBA by the Court.

2. Whether the NBA has the power under the law to determine (increase or decrease) tax and/or collect Annual practicing fees for legal in Nigeria.

Resolution: This issue was resolved in favour of the Plaintiff. The Court held that the NBA has no business in the collection of practicing fees direct from Legal Practitioners in Nigeria because it has no lawful power to do so based on the Legal Practitioners Act which empowers the Chief Registrar of the Supreme Court to collect the practicing fees and disburse same in accordance with the law.

3. Whether the NBA has power and/or authority to produce seal and stamps that all legal practitioners, whether they belong to the NBA or not, must affix on processes they prepare for same to be cognizable under the law.

Resolution: This issue was declared to be no longer a life issue as same was withdrawn by the Plaintiff arising from the supervening action of the AG of the Federation which the Plaintiff acknowledged.

The issue of jurisdiction raised by Defendants was resolved in favour of the plaintiff as the Court held that it has the requisite jurisdiction to hear and determine the reliefs of the Plaintiff.

In conclusion, this judgment favours the NBA in that it is compulsory for every Lawyer called to the Nigerian Bar to become a member of the NBA. The NBA still has the power to increase or decrease tax/practicing fees. However, it cannot continue to engage in direct collection of the practicing fees of lawyers in Nigeria and has been restrained from doing so.

Appearances:
The Plaintiff in Person.

Ikeazor Akaraiwe, SAN with Ejikeme Oji, Esq. for Defendant

To join our Telegram platform, please click here 

COPYRIGHT 2022 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. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. 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.

MAIKYAU REPLIES PETITION, SAYS NEC MEMBERSHIP INTACT

A presidential aspirant in forthcoming Nigerian Bar Association (NBA) Elections, Mr. Yakubu Chonoko Maikyau SAN has responded to the petition by an Abuja based lawyer that he ceased to be a member of the 2018-2020 National Executive Committee and is not qualified to contest the 2022 NBA presidential election.

In the petition dated 6th May, 2022 and received by the Electoral Committee of the Nigerian Bar Association (ECNBA) on Monday, 9th May, 2022, the petitioner, Mr. Tochukwu Ohazuruike had alleged that Maikyau “is not constitutionally qualified to contest for the office of President in the forthcoming 2022 NBA National Officers’ election due to his failure to meet the eligibility criteria of not less than two years membership of NEC at the time of nomination mandatorily required under section 9(3)(c)(i) of the NBA Constitution.” Ohazuruike later delivered an addendum to the earlier petition where he alleged that Maikyau “did not attend any of the 9 NEC meetings for the period 2018 to 2020.”

In a response dated 12th May, 2022 and obtained by CITY LAWYER, Maikyau stated that “The allegation that I didn’t attend the meetings of the 2018-2020 NEC is hereby denied. I also deny the allegation that my membership of that NEC ceased at any time before the end of that administration. The Petitioner, beyond citing the provisions of the NBA Constitution and alleging that I did not attend meetings, has failed to show that my membership of the 2018-2020 NEC ceased at any time before the 26th of August 2020.”

Continuing, the senior lawyer wrote: “It should be noted that the Petitioner admitted my membership of the NEC for the period between 2018 to 2020, this being no less the action of any institution of the NBA than the NEC itself. Suffice to say that what has been admitted requires no further proof. Nonetheless, see my letter of appointment into the NEC dated 4th May, 2019 attached hereto, as Annexure 1.”

Maikyau argued that the proviso to Section 7(7) of the NBA Constitution “is noteworthy and germane to the resolution of this petition,” adding that “It is clear from the language of the Constitution that the provision is NOT self-executing. Rather, the provision contemplates that a Member of NEC shall cease to be a member ONLY by or UPON a resolution of the National Executive Committee (now Council) to that effect.”

He argued that “it is also clear from the language of the Constitution that, before such a resolution or decision is taken by NEC, terminating a person’s membership on the stated ground, there must first be a hearing and such a member must be given the opportunity to show reasonable cause for his absence to the satisfaction of the National Executive Committee.”

According to Maikyau, “In the petition under reference, the Petitioner has neither shown that there was any resolution of the 2018-2020 NEC terminating my membership of the Committee for non-attendance at meetings, nor has he alleged that there was any such resolution. The Petitioner has also not shown that I did in fact cease to be a member of the NEC. None of the documents which accompanied the petition, show or contain any complaint regarding my alleged absence from any NEC meeting, any deliberation by NEC on such a complaint or any decision of NEC, terminating my membership thereof.”

Maikyau contended that the petitioner’s allegation that he ceased to be a NEC member for non-attendance “must be strictly proved by him and the way to do so is by presenting before the Committee a Resolution of that NEC, duly signed by the President and General Secretary, declaring that I ceased to be a member thereof. May I also reiterate that this ECNBA cannot go into a forensic audit of Attendance Registers and Minutes of Meetings of NEC to decide whether I was attending meetings or not and whether my membership thereof ought to be terminated. It also cannot take a decision to terminate my membership of the 2018-2020 NEC. That is the sole duty of that NEC and it is only the proceedings of that NEC terminating my membership that can form the basis of a petition such as this, I so submit.”

Concluding, the senior lawyer wrote: “I therefore humbly request this Electoral Committee of the Nigerian Bar Association to disregard the Petition and the allegations contained therein as misguided and one predicated on a gross misunderstanding of the Constitution of the NBA.”

The decision of the electoral committee is awaited on the petition.

To join our Telegram platform, please click here 

COPYRIGHT 2022 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. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. 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.

‘MAIKYAU IS NOT ABUJA BRANCH MEMBER,’ PETITIONER TELLS ECNBA

There are strong indications that a leading aspirant to the Nigerian Bar Association (NBA) Elections, Mr. Yakubu Chonoko Maikyau SAN may have his hands full responding to the gale of petitions against his candidacy as yet another petition has been brought against him by an Abuja based lawyer, Mr. Tochukwu Ohazuruike.

It is recalled that Ohazuruike had earlier brought an petition against Maikyau alleging that the senior lawyer “is not constitutionally qualified to contest for the office of President in the forthcoming 2022 NBA National Officers’ election due to his failure to meet the eligibility criteria of not less than two years membership of NEC at the time of nomination mandatorily required under section 9(3)(c)(i) of the NBA Constitution.” The petition was dated 6th May, 2022 and received by the Electoral Committee of the Nigerian Bar Association (ECNBA) on Monday, 9th May, 2022. Ohazuruike later delivered an addendum to the earlier petition where he alleged that Maikyau “did not attend any of the 9 NEC meetings for the period 2018 to 2020.”

In the latest petition, the lawyer stated that he has been a member of the Unity Bar “and I know that Y. C. Maikyau, SAN has never formally been a member of the Unity Bar at any time whatsoever.” Continuing, he stated that “The authentic register and records of the branch will reveal this without difficulty,” adding that “The first and last time he was seen at the Abuja Branch meeting was on 1st April, 2022 when his friends hosted the monthly in his honour.”

Arguing that his petition was based on the eligibility requirement set out in Section 9(3)(a) of the NBA Constitution, Ohazuruike stated that “This branch membership requirement for qualification as full member of NBA, as set out above, has not been met by Yakubu C. Maikyau, SAN as he has indicated in his nomination form a branch – Unity Bar – which he does not belong to. No doubt, mere participation in activities of a branch (if any) or clearance or letter of good standing from a branch Chairman/EXCO does not translate to formal membership of a branch for purposes of qualification to contest for the office of NBA President under section 9(3)(a) read in conjunction with section 4(1)(a) of the NBA Constitution.

According to Ohazuruike, “Given that Yakubu C. Maikyau, SAN is not a member of the Unity Bar as represented by him, it follows that he is not eligible to contest the forthcoming elections under the highlighted provisions of the NBA Constitution. I therefore urge the ECNBA to scrutinize the eligibility of Yakubu C. Maikyau, SAN on this constitutional ground and accordingly disqualify him in the circumstances.”

It was unclear at press time whether the ECNBA has communicated the latest petition to the presidential aspirant.

To join our Telegram platform, please click here 

COPYRIGHT 2022 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. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. 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.