The proposal since farted into social space, have ignited debate in many Bars.
Like the proverbial story of the story told by four blind men after visiting and caressing an elephant, every lawyer has his own perception and insists that his taste, is the true test of why the proposed amendment should be swallowed, hook, line and including both the boat and the fisherman.
But where all seems to be up in arms are; Section 9(1)(3) and (5) they are set out thus:
9. National Executive Committee
(1) The National Executive Committee shall consist of the National Officers of the Association who, except for the President, shall be elected as provided under this Constitution for a single term of two years.
(3) Qualifications to hold a National Office.
(c.) With respect to the office of the President, is the immediate past Vice President of the Association. FOR THE AVOIDANCE OF DOUBT, ascension to the office of President of the Association shall be by succession, save for the circumstances listed in paragraph 4, part III of the Second Schedule to this Constitution. Provided that where the office of the Vice President is vacant at the time of succession, election may be held for the office of the President. This provision shall become operative after the 2024 elections of the Association.
Me: On the abolition of election into the office of the NBA President, let me laugh in igbo. This is dead on arrival. This one, is as dead as dodo but let me for emphasis, put a fork in it.
We laboured over the years to kill careerism in NBA. This succession mode of anointing NBA President, is nothing but promoting careerism at the Bar.
We should rather focus on, why is the contest for NBA Presidency to expensive, why is the Bar always heated up whenever we want to change leadership? How can we control or put a ceiling on the campaign budget of contestants?
(5) Duties of National Officers
a. The President – The duties of the President shall include:
i. Directing the summoning of Meetings of the National Executive Council of the Association either on his/her own initiative or in accordance with the decision of the National Executive Committee of the Association or on the requisition of members in accordance with Section 8 (5) of this Constitution.
ii. Presiding at the Annual General Meeting or Extraordinary and other General Meetings of the Association and Meetings of the National Executive Council and the National Executive Committee of the Association.
iii. Directing all other Officers of the Association in the performance of their duties and co-ordinating the activities of all Branches of the Association.
iv. Providing direction and leadership to all Committees of the Association.
Me: On the duties of National Officers, serving members of the national executive committee and their predecessors, have cried a river over the powers of the President. They opine that subsection (iii), emasculates them and cloak the President with dictatorial powers to frustrate them from carrying out the constitutionally spelt out duties. The NBA President, need to Direct an elected office on how to carryout his duties, particularly, when the constitution has prescribed how these would be done.
10. Elections to National Offices and the General Council of the Bar.
(1) For the purposes of election into National Offices and the representatives of the Association in the General Council of the Bar, the country shall be divided into three zones as set out in the Second Schedule to this Constitution.
Me: The retaining of the above, in 21st century Nigeria, is not a progress posture. Nigeria has grown beyond the 1963 regional map. We have 6 geopolitical zone and if NBA wants to be dynamic, the Constitution, must reflect the contemporary political reality and lexicon in use.
Furthermore, for the purpose of zone to be considered during election, I urge that it should be your zone of practice and not zone of biological birth.
We have seen “foreigners” rose to become Branch Chairmen and did excellently well, why deny them the opportunity to use their area of practice as their zone to contest for national election?
Also, deductions from BPF are remitted to one’s Branch, for the development of the Branch and welfare of members and not sent to his biological home branch-assuming his village had a Branch. Proper interpretation of these 3 zones to mean place of practice akin to state of residence we had been clamoring for at mainstream politics, will help reduce ethnicity in NBA and the attendant rancor during election.
Much Ado About The Proposed Amendments To The Constitution Of The NBA Constitution
