1.0 INTRODUCTION.
1.1 The National Executive Council (NEC) of the Nigerian Bar Association (NBA) held its quarterly meeting at Saffar Guest Inn Conference Hall, Gesse Phase II, Birnin Kebbi, Kebbi State on Thursday, 23 March 2023.
1.2 NEC deliberated on a number of issues that came up before it and resolved as follows:
2.0 STATE OF THE NATION
2.1 NEC condemned the tribal/ethnic bigotry, violence, voter-intimidation, among others recorded during the just concluded General Elections of 25 February 2023 (Presidential/National Assembly) and 18 March 2023 (Governorship/State Houses of Assembly) respectively, in some parts of the country, particularly Lagos State. NEC calls for the prosecution of identified electoral offenders.
2.2 In view of the fact that public perception of the judiciary plays a key role in the public acceptance of its decisions, and to help boost the confidence of the public in the judiciary, which is currently at an all-time low, NEC, upon the proposal by the President, unanimously passes the resolution calling for live broadcast of the proceedings of the election petition courts and tribunals, particularly for the presidential election, by volunteering media houses.
This will give citizens the opportunity to follow the proceedings, have better knowledge of the facts and an understanding of the reasoning behind decisions of the courts in those matters, particularly how the Electoral Act and other applicable laws are applied to election petition matters.
3.0 NEW STAMPS AND CAR STICKERS
3.1 Pursuant to the report presented by the General Secretary, NEC adopts and approves the introduction of a new stamp with improved security features as well as the proposition to introduce a new car sticker with QR code that will be produced, owned, and distributed by the Nigerian Bar Association.
This is to tackle the inadequacy of the current sticker that is available on the streets and used by non-lawyers, including commercial motorists.
4.0 NATIONAL OFFICERS’ REPORTS.
4.1 NEC ratifies and approves the reports of National officers subject to the observations made by the President on the Treasurer and 3rd Vice President’s report respectively.
SECTIONS/FORA/COMMITTEE REPORTS.
5.1 NEC ratifies the reports of all Sections, Fora and Committees as presented by their respective chairmen and/or authorized representatives.
6.0 DISSOLUTION OF TECHNICAL COMMITTEE ON CONFERENCE PLANNING (AGC), 2022.
6.1 Following the report of the Chairman of the 2022 Technical Committee on Conference Planning (TCCP) on the conclusion of its assignment including the final distribution of the conference bags to all registered conferees of the 2022 Annual General Conference, NEC approves the dissolution of the Committee which stands dissolved accordingly.
7.0 ANNUAL GENERAL CONFERENCE PLANNING COMMITTEE (AGCPC) 2023.
7.1 NEC ratifies the constitution of the 2023 Annual General Conference Planning Committee (AGCPC) chaired by Mazi Afam Osigwe SAN which was already inaugurated by the President on the 23 February 2023. The AGCPC Interim Budget as presented by the Committee Chair was also unanimously approved.
7.2 The Conference Registration fees were approved by the NEC as follows:
8.0 CBN Monetary Policy.
8.1 NEC expresses deep concern about the impact of the CBN’s monetary policy on the masses, and the delay in fully adhering to the Supreme Court decision on the policy. NEC urges the CBN Governor to comply fully and practically with the terms of the judgment.
9.0 SCUML.
9.1 NEC is concerned about the EFCC’s harassment of lawyers on the basis of non- compliance with the Money Laundering Prohibition Act, (MLPA) 2011, and its refusal to respect the Court of Appeal’s decision in Central Bank of Nigeria v. NBA & Attorney General of the Federation, which held that in view of the provisions of the Legal Practitioners Act which specifically regulates the legal profession, the provisions of the Money Laundering (Prohibition) Act, 2011 as it relates to the designation of legal practitioners as DNFBPs was null and void and of no effect whatsoever.
9.2 NEC expresses its full support for and commitment to the global fight against money laundering and terrorism but reiterates that the legal profession can only be regulated by the statutory body established by law to do so and not by an external body.
10.0 STATE OF THE BAR.
10.1 The report that some NBA representatives on statutory bodies are taking positions inimical to the Association in those bodies is of concern to NEC. NEC maintains that these individuals must be reminded that the Bar is the object of their loyalty, and no one who stands in contempt of the Bar and disparages her would remain her nominee.
10.2 NEC resolves that NBA representatives on these bodies who believe that they are no longer accountable to the Bar should be recalled immediately, and those whose terms are up for renewal should have their nominations withdrawn.
11.0 Ratification of the Standing and Ad-hoc Committees.
11.1 NEC ratifies the constitution of the following NBA standing and ad-hoc committees as announced by the President.
a. NBA Editorial Board.
b. NBA Journal Committee
c. Judiciary Committee.
d. Law Reform Committee.
e. Rule of Law and Human Rights Committee.
f. Ethics and Disciplinary Committee.
g. Legal Aid Education Committee.
h. Dispute Resolution Committee.
i. Welfare Committee.
j. Finance Committee.
k. General Purposes Committee.
l. Sports and Recreation Committee.
m. Constitution Review Committee.
n. Security Agencies Relations Committee.
o. Digital Committee.
p. Anti-Corruption Committee.
q. Entertainment Committee.
r. Future of Legal Practice Committee.
s. Public Interest Litigation Committee.
t. NBA Stabilization Fund Committee.
12.0 NOMINATION FOR OFFICE OF VICE CHAIRMAN, BODY OF BENCHERS.
12.1 In view of the expiration of the tenure of the current Chairman of the Body of Benchers and the fact that the Vice Chairman of the body shall be nominated from the Bar, NEC resolves that NBA should sponsor a preferred nominee of the Bar to represent the Association as the Vice Chairman. Consequently, Mrs. Funke Adekoya SAN was unanimously nominated and adopted as the nominee of the NBA for the position of Vice Chairman of the Body of Benchers.
12.2 It was further resolved that, in the event that Mrs. Funke Adekoya SAN declines the nomination, Dr. Olisa Agbakoba, SAN should step in as the alternate nominee of the NBA.
12.3 Finally, it was also resolved that the NBA President shall have prerogative to immediately nominate, without further recourse to NEC, any senior Bencher of his choice in the event that both Mrs. Funke Adekoya SAN and Dr. Olisa Agbakoba SAN decline the nomination.
13.0 PRO-BONO LEGAL SERVICES TO INDEPENDENT NATIONAL ELECTORAL COMMISSION.
13.1 NEC ratifies the decision of the NBA President to extend pro-bono services to the Independent National Electoral Commission (INEC) and resolves that the NBA should render pro-bono legal services to INEC as earlier announced by the President.
14.0 VOTE OF CONFIDENCE.
14.1 Upon a motion duly moved and seconded, NEC passed a vote of confidence on the President and assures him and the National Executive Committee of NEC’s maximum support.
15.0 CONCLUSION.
15.1 In furtherance of the vote of confidence resolution and the camaraderie that pervaded the meeting, NEC resolved that all members of the Association should conduct themselves in a manner that depicts oneness and unity in the Association. It was further resolved that all members and stakeholders should be committed to promotion of justice and rule of law.
