Find below, THE POSITION OF THE EIGHT (8) BRANCHES OF THE NIGERIAN BAR ASSOCIATION IN ANAMBRA STATE, ON THE PROPOSED AMENDMENTS TO THE 2015 NBA CONSTITUTION.
The Branches of the NBA in Anambra State made up of Aguata, Anaocha, Awka, Idemili, Ihiala, Nnewi, Onitsha and Otuocha, scrutinized the NBA Constitution 2015, and also carefully perused the proposed 2023 Amendments to the Constitution and unanimously resolved that, save for the proposed amendment to increase the remittance to Branches of 10% of BPF to 20%, there is no need for the 2023 amendment since the existing Constitution captures and protects the interests of the Association adequately for now.
The rest of the proposed Amendments are not in the best interest of the Bar, and as a result we respectfully advise as follows, that:
1. Section 9(3)(c) which provides for the ascension into the office of the President of the Nigerian Bar Association to be by automatic succession by the immediate Vice President of the Bar without any election is undemocratic.
We oppose it for being undemocratic and against all International Best Practices. The NBA has its motto as Promoting the Rule of Law and we must strive to live up to the expectations of the society. We should not enthrone hereditary Monarchy by abolishing democracy in an Association that boasts of the largest number of memberships in West Africa.
Our position is that ascension to the office of the President must be by election; this will enable members elect their President based on the exigencies of the time. There is absolutely no rationale for such amendment.
2. Reducing the Number of elected officers from 9 to 5.
We are also not comfortable with this position and accordingly suggest that instead of reducing the number of elected officers, it should be increased by creating the offices of Vice President for each of the six geopolitical zones of the country and to also appoint a Liaison Officer or Personal Assistant to the President from every branch of the Bar across the country.
We also suggest that the offices of the Welfare Secretary and Treasurer are very important offices to our Association and as such should not be scrapped as proposed.
3. Constitution of the General Council of the Bar. We suggest with respect that all the members of the General Council of the Bar should be by election. Allowing the President to appoint some members amounts to removing the rights of members to choose their representatives and may create room for President to impose his personal interest in the Council.
4. Executive Director’s Office.
We are of the view that the office of the Executive Director and that of the General Secretary are interwoven. Thus, it is our position that the office of the General Secretary being an elected office should take pre-eminence. And if there must be an office of the Executive Director, it must be directly answerable to the General Secretary and not to Mr. Present. It is our position that the proposal should be abandoned completely.
5. Increasing the percentage of the amount of the annual Bar Practicing Fee that accrues to the Bar Branches from 10% to 20%.
We support this amendment as contained in Section 23(8) of the Proposed Amendment which provides for increase from 10% to 20% of the Bar Practicing Fee that should accrue to the Bar Branches.
In the light of the above, we call upon everyone who has the interest of the Nigerian Bar Association at heart to advise the present National Executives not to go on with the Proposed Amendments in the controversial areas as enumerated above.
Furthermore, if the Constitution must be amended, it should be to improve the Bar not to water down the achievements and progress the Bar has made over the years.
We are of the humble view that the Proposed Amendments especially the controversial areas will not bring progress but controversy and more division to the Bar. Amending our Constitution should not be for fun or self-serving.
The above submissions are the unanimous position of the NBA Branches in Anambra State:
AGUATA
ANAOCHA
AWKA
IDEMILI
IHIALA
NNEWI
ONITSHA
OTUOCHA
