Ernest Ojukwu

Foremost Law Professor and Senior Advocate of Nigeria, Prof Ernest Ojukwu SAN, has dragged the President of the Nigerian Bar Association, NBA, Paul Usoro SAN, General Secretary, Jonathan Gunu Taidi and the Trustees of the Association to court for failure of the Association’s leadership to respond to his Freedom of Information request.

The Professor of Law, had earlier on 29th October 2018, made an FOI request from the NBA for the following information;

a. Report of the Nigerian Bar Association 2018 Ad-hoc Transition Committee.
b. The budget approved by the NBA National Executive Committee for the 57th Annual
General Conference of the Nigerian Bar Association 2017.
c. The breakdown of the account for the 57th Annual General Conference of the Nigerian Bar
Association 2017.
d. Detail of cost of Nigeria Bar Association sponsorship of international conferences for all
lawyers including Nigerian Bar Association National Officers from 2016 to 2018.
e. Details of all lawyers handling NBA matters in courts and details of payments made to
them from 2016-2018.
f. Details of the Nigerian Bar Association income and expenditure account from 2016 to
2017.
g. Details of the Nigerian Bar Association income and expenditure account from 2017 to
2018.
h. Account of all expenditures made from the MacArthur Foundation Criminal Justice
Reform funds and bank statement of the account from 2017-2018.
i. The budget approved by NBA National Executive Committee for the NBA Criminal
Justice Reforms Conference organised by the NBA Criminal Justice Reforms Committee
held at Asaba, Delta State from April 24 to 28, 2018.
j. The breakdown of account for the NBA Criminal Justice Reforms Conference organised
by the NBA Criminal Justice Reforms Committee held at Asaba, Delta State from April 24
to 28, 2018.
k. The breakdown of all the payments made to members of the Legal Practitioners
Disciplinary Committee from 2012 till date.

l. The breakdown of all the payments made to NBA Prosecutors at the Legal Practitioners
Disciplinary Committee from 2012 till date.
m. The contract signed to engage the services of PriceWaterhouseCooper (PWC) for the
purpose of auditing and reviewing the NBA Account.
n. the budget approved by Nigerian Bar Association’s National Executive Committee for the
58th NBA Annual General Conference 2018.

The Association failed to respond to the professor’s request as required by the FOI Act 2015 and the professor is now seeking the courts intervention on the issue.

In the suit obtained by barristerNG.com, the Applicant is seeking two reliefs from the Respondents thus;

1. A declaration that failure of the respondents to furnish the Applicant with information and Documents sought vide the Applicant’s letter of 29th October 2018 amounts to wrongful denial of information under the freedom of information Act.
2. AN ORDER compelling the Respondents to, within 7 days, furnish the Applicant with information and copies of documents sought vide Applicant’s letter of 29th October 2018 and which information and documents are set out in the schedule herein stated.

Click below to download the Court Processes.

Download “Court Processes” APPLICATION-Affidavit-pdf.pdf – Downloaded 1629 times – 1.09 MB

Foremost Nigerian Lawyer, Senior advocate of Nigeria and former deputy director of the Nigerian  Law School, Prof Ernest Ojukwu has reacted to the fraud and money laundering charges proffered against the NBA President Paul Usoro SAN.

In a response to a query from BarristerNG.com on whether he considers the EFCC charge against the NBA president, an attempt by the Federal Government to silence the NBA, the learned scholar and law teacher shared the response below with BarristerNG.com

I do not see any reason to associate the EFCC’s reported money laundering charges against Mr Paul Usoro SAN as an attempt by Government to silence the Nigerian Bar Association. I have seen some timid and insulting release credited to some officers and members of the NBA that attempts to use cheap sentiments to mislead unwary members of the NBA into converting the personal Charges into charges against the Bar.

Mr Usoro himself has announced that he would defend the charges. That is good. Money laundering is a serious international crime for which living bar associations all over the world are making frantic efforts to tackle because lawyers are one of the most vulnerable conduits for money laundering and financial frauds. 

Instead of playing this slave-master mentality syndrome which we have culturised for our Bar presidents this is the chance for the bar and the legal profession in Nigeria to show that we are serious with our responsibilities on anti corruption and discipline for our profession and the Nation.

Instead of encouraging Mr Usoro to continue playing an ostrich and gallery game and consequently bring the entire legal profession down, he should be supported to bravely stand his trial and clear his name. This is what would make the bar and the legal profession proud, strong and stronger.

Whenever I learn that Paul has been served with the charges or has been arraigned, I would write or call him to advise him to step aside as President of the Bar until his case is determined. I am aware that partisan persons will immediately say that my opinion is because I was rigged out of the NBA presidency. That view does not bother me and will not. I will not ask Paul to resign but simply to announce and act it that he would stay away as President, a form of leave and let the Vice Presidents act until his case is resolved then if in his favour he resumes. That is what the Bar asked our judges to do in their own case. With his cooperation his trial may end in less than 6 months. I am aware this is not contemplated in our Constitution but I think the doctrine of necessity warrants it. It would be unacceptable to me and other well meaning members of society for him to be on trial for the crime of money laundering and be representing us in the National Judicial Council, special Supreme Court sessions, International Bar Association, Commomwealth Lawyers, and be chairing the meetings of the Council of Legal Education. It would be great for him to spare the bar of psycophants whose actions will further bring the profession into disrepute in the guise of defending the bar.

Just when calm seem to be returning to the Nigerian Bar Association, NBA, after the crisis that engulfed the association’s recent election, another crisis appears to be brewing. This time, it is about the finances of the association.

A senior member of the association, Professor Ernest Ojukwu, SAN, using the Freedom of Information, FIO Act, is demanding for records of funds spent by the association for its activities from 2012 till date. Those are the helm of affairs within the period were Okey Wali, SAN (2012-2014), Austine Allegeh, SAN (2014-2016) and Mahmud Abubakar, SAN, (2016-2018)

In a letter to the new NBA leadership date October 27, 2018 Professor Ojukwu who contested and lost the last NBA election to the incumbent President, Paul Usoro, SAN is specifically demanding for details of spending by the association in over 10 conferences and seminars organized by the association. He is also demanding for actual amounts paid to internal and external parties engaged to offer various services to the association. Particularly Prof Ojukwu is seeking for breakdown of the following; all payments made to members of the Legal Practitioners Disciplinary Committee from 2012 to date; all payments made to NBA Prosecutors at the Legal Practitioners Disciplinary Committee from 2012 to date; details of all lawyers handling NBA matters in courts and details of payments to them from 2016-2018.

He also demanded for the contract signed to engage the services of Price water house Coopers for the purpose of auditing and reviewing the NBA account and details of the Nigerian Bar Association income and expenditure account from 2016-2018. Other requests contained in his letter includes; the budget approved by NBA NEC and breakdown of account of the NBA Criminal Justice Reforms Conference organised by the NBA Criminal Justice Reforms Committee held at Asaba, Delta State from April 24-28, 2018; budget approved by NBA NEC for the 58th NBA Annual General Conference 2018; details of cost of NBA sponsorship of international conferences for all lawyers, including NBA National Officers from 2016 to 2018.

Ojukwu also demand details of account of all expenditures made from the MacArthur Foundation Criminal Justice Reforms funds and bank statement of the account from 2017-2018; report of the NBA 2018 Ad-hoc Transition Committee; budget approved by NBA NEC for the 57th Annual General Conference and the breakdown of the account for the 57th Annual General Conference of the NBA 2017.

While some members of the association have applauded Ojukwu for his request, other senior lawyers have however expressed concern about the motive behind the request.

A Senior Advocate of Nigeria who did not want his name mention, told Vanguard Law that there was no basis for such request since every successive executive have always held an Annual General Meeting, AGM where the account of the association is presented and open for scrutiny.
”It really appears that this may be about something else. Every executive of the NBA have also held an AGM every year.

During that time, the account of the association is presented to members for scrutiny.

If he has always attended the AGMs, he should have gotten the account booklet and ask questions or raise issues with the executives,” he said.

Another senior member of the association who also served in the last administration told our reporter in confidence that the content of the Prof Ojukwu’s request are laughable as virtually every serious member of the association have details of those information.

Explaining how the NBA is run, he said: “Just like every other association, the way the NBA work is that every year, there is an AGM where the financial report is laid before the house. It is at that stage that anybody can challenge the records.

You cannot sit down in your village and expect that after an AGM has been held, you now begin to make your own personal request for details of the accounts.

If you are a member and you feel that there are issues with the association’s account, then you ought to have attended the AGM. AGM is for every member and I assume that Prof Ojukwu should have attended those AGMs and ask question.’

Explaining further, the senior lawyer said: The association has a financial secretary and treasurer who handle financial details.

The duty of then financial secretary is to produce the association’s financial details. If the details are not adequate, the members hold him to account.

If things are not cleared at that AGM, it can be deferred to the next meeting.

While some members of the association have applauded Ojukwu for his request, other senior lawyers have however expressed concern about the motive behind the request.

I know everybody has a right to request for information, but that right must not be abused. If he had raised issues for instance about the huge sums of money spent on logistic and travelling by the last administration, then that would be understandable but to be now asking for details that have been previously made available to members is mischievous.”

But Prof Ojukwu in an interview with Vanguard Law insisted that his motive for seeking the information contained in his request is purely for the purpose of making NBA more accountable.

He stated that if the information demanded is not provided with the stipulated period, he would proceed to the court. “My manifesto during the last NBA election was anchored on accountability.

What I am doing now which by the way, I have always done, is to make the NBA accountable and open.

There is no bad motive behind my request for information which every member should ordinarily have,” he said.

When asked if some of the items contained in his request were not already available in the association’s yearly audited account presented to members during the Annual General Meeting, AGM, Prof Ojukwu insisted that none of the 15 requests he made through the FOI Act is contained in any of the association’s AGM booklets.

If the information I am seeking for is already in the public notice, why should I be asking for them.

Let those who are saying that the information is available whether on hard or e-copy show me where there are,” he said.

A fact-check on the association’s website by our reporter for details of the NBA AGM turned up nothing.

No annual general meeting report was found on the website neither was there any things contained in the request.

The only available serious information about the association on the website is minutes of meetings, downloadable forms, conference reports and newsletters.

When contact NBA President Paul Usoro declined to comment on the matter. “ I am not in the position to comment on that,” he said.

A recent NOTICE dated 31st October 2018 by the President National Industrial Court of Nigeria (NIC), on the appointment of 20 additional judges for that Court does not meet transparency threshold and the Freedom of Information Act. It actually offends the NJC Rules.

The Notice advertises that the Chief Justice of Nigeria “has GRACIOUSLY given His approval for the commencement of the process that will lead to the appointment of twenty (20) additional judges for the National Industrial Court of Nigeria” and goes on to state that:

“All interested persons are advised to act accordingly”.

What does the “Notice” require interested candidates to do? “Act accordingly” How?

One of the strongest challenges to the independence of the Judiciary in Nigeria is the appointment and process of appointment of judges.

The National Judicial Council (NJC)’s Procedural Rules requires that:

(i) There shall be “call of expression of interest by suitable candidates by way of public notice placed on the website of the Judicial Service Commission/Committee concerned, notice boards of the courts and notice boards of Nigerian Bar Association Branches.”
(ii) The Judicial Service Commission/Committee shall specify the closing date for the receipt of applications and /or nominations in the call of expression of interest….”

There is no Notice relating to the appointment of additional judges of NIC on the website of the National Judicial Service Commission or on any NBA website. The NIC Notice does not have a deadline for expression of interest. It does not state qualifications. It does not direct any interested person on what to do whatsoever. By the way, the Notice to be issued is not the responsibility of the head of Court. It is the Judicial Service Commission that ought to issue the Notice under the NJC Rules.

Contrast this NIC Notice with a similar Notice dated 7th November 2018 on the appointment of additional judges for Abia State Judiciary. The Abia example titles its Notice “Call for expression of interest for appointment as judges of the High Court of Abia State”. The Abia Notice is issued by the State Judicial Service Commission. It is signed by the Secretary of the Commission. It also states these details:

a) Requirements/competencies required of the candidates;
b) What form the expression of interest should take;
c) A closing date; and
d) Documents to accompany the indication of interest

In the case of NIC, the National Judicial Service Commission should do the right thing. Let us have our judges appointed in an open and transparent process.

Prof Ernest Ojukwu, SAN.

Professor of Law and former Deputy Director of the Nigerian Law School, Professor Ernest Ojukwu has sent a surprising ten Freedom of Information (FOI) requests to Nigerian Bar Association, NBA requesting information on financial dealings, budgetary process and procurement process of the Association.

Below is summary of the requests

JONATHAN TAIDI, ESQ
GENERAL SECRETARY
NIGERIAN BAR ASSOCIATION
NBA BUILDING
ABUJA

Dear Hon GS,

Please find attached copies of FOI Requests which were delivered in
hard copies to you today at the NBA House Abuja.
The summary of the requests are as follows:

1A. The breakdown of all the payments made to members of the Legal 
Practitioners Disciplinary Committee from 2012 to date.

1B. The breakdown of all payments made to NBA Prosecutors at the Legal 
Practitioners Disciplinary Committee from 2012 to date.

2. Details of all lawyers handling NBA matters in courts and details 
of payments to them from 2016-2018.

3. The contract signed to engage the services of  PricewaterhouseCoopers for the purpose of auditing and reviewing the  NBA account.

4A. Details of the Nigerian Bar Association income and expenditure 
account from 2016-2017

4B. Details of the Nigerian Bar Association income and expenditure 
account from 2017-2018

5A. The budget approved by NBA NEC for the NBA Criminal Justice 
Reforms Conference organised by the NBA Criminal Justice Reforms
Committee held at Asaba, Delta State from April 24-28 2018

5B. The breakdown of the account for the NBA Criminal Justice Reforms 
Conference organised by the NBA Criminal Justice Reforms Committee
held at Asaba, Delta State from April 24-28 2018

6. The budget approved by NBA NEC for the 58th NBA Annual General 
Conference 2018.

7. Details of cost of NBA sponsorship of international conferences for 
all lawyers, including NBA National Officers from 2016 to 2018.

8. Account of all expenditures made from the MacArthur Foundation 
Criminal Justice Reforms funds and bank statement of the account from
2017-2018.

9. Report of the NBA 2018 Ad-hoc Transition Committee.

10A. The budget approved by NBA NEC for the 57th Annual General 
Conference of the NBA 2017.

10B. The breakdown of the account for the 57th Annual General 
Conference of the NBA 2017.

Thank you in anticipation of your cooperation.

Prof Ernest Ojukwu, SAN

 

Click on the requests to download

My attention has been drawn to a video making rounds on Social media emanating from BREKETE Radio/TV showing serious allegations of corruption, abuse of office and human rights against the Chief of Staff Abba Kyari; abuse of human rights and inhuman and degrading treatment against the former DSS DG Daura, the IG of Police and Nigeria Police and allegation of cover up by the EFCC. I call upon the President to set up a strong team but very independent to investigate these allegations for needful actions. If these allegations are true, it means we have lost Nigeria or about to lose it. Please Your Excellency take action to save the country from the imminent dangers of corruption, abuse of office by public officers and dismantling of our fundamental rights.
Prof Ernest Ojukwu SAN

This is the official statement of Professor Ernest Ojukwu on the NBA Elections 2018

NBA ELECTIONS 2018: WE CONTESTED AGAINST CORRUPTION, RIGGING & A SKEWED PROCESS

My colleagues of the Nigerian Bar Association, especially my friends of the FUTURE-BAR, and our young lawyers all over the Country, I write to thank you from my heart for your great and indelible efforts for your support.

You sacrificed so much to alter the destiny and fate of the legal profession and our Nation Nigeria. Regrettably the outcome of our efforts has not been pleasant. I plead with you not to lose hope. With the kind of passion you have and expressed in various actions recently to create a bar of our dream, our destiny is still in your hands. Keep moving on the task of SETTING-A-NEW-BAR. The Bar is yours. It is your right to have the kind of Bar you desire. It is also your responsibility.

Just note that though we could not effectively commence the journey to reform and transform the Bar now, time is still on your side to make that difference in your life time.

Though a winner has emerged from this present contest, remember that we contested against corruption, massive vote buying, vote capture, rigging and a skewed process. These reasons make a challenge of the result important but because of my long and selfless commitment to regenerating the Bar, and the need not create tension in our legal profession I shall not contest it.

But do not surrender to a dirty system and fall of our profession. Continue to do your best to help clean it up and SET-A-NEW-Bar that would be relevant to all.

 

PROF ERNEST OJUKWU, SAN

(TEACHER)

C/O

Ojukwu Faotu & Yusuf (OFY-Lawyers)

Plot 313/No 2 STK Ukaga Rd Life Camp

Opposite Skye Bank

Life Camp Abuja

Tel +234 09-2918694

LETTER-TO-BAR-ON-2018-ELECTIONS

FEMI FALANA’s FINAL WORDS ON NBA ELECTIONS

The 2019 general election will make or mar the country.

The rule of law and human rights will be put under severe pressure.

A period like this requires that the Nigerian Bar Association is led by an incorruptible lawyer, a dogged believer in the rule of law and a strong human rights defender.

Having worked with Professor Ernest Ojukwu SAN for not less than 25 years, I can vouch for his integrity and commitment to the defence of rule of law and human rights.

Please vote for him to lead the NBA from 2018-2020.

Femi Falana SAN.

My Leadership Mission Statement and Programme of Action for the Nigerian Bar Association

1. INTRODUCTION

Distinguished Colleagues, I hereby, having consulted widely and nominated for election to the office of the President Nigerian Bar Association, share my vision and programme of action for the Bar.

2.  VISION: Setting A New bar for A Relevant NBA

3.  MISSION: To RECREATE the NBA to serve our members, the legal profession, and the nation by:
a. WELFARE & SERVICES: Providing services, benefits and programmes that promote our members’ welfare, quality of life and professional growth;
b. ETHICS & DISCIPLINE: Promoting very high ethical standards, discipline, conduct and professionalism in the legal profession;
c. GOVERNANCE: Promoting full and equal participation in the association; Institute an accountable, open, transparent and democratic governance of the association;
d. RULE OF LAW: Advancing the Rule of Law by:
i. Preserving the independence of the legal profession and Judiciary;
ii. Holding governments and their agencies/agents accountable under the law;
iii. Working to increase meaningful access to justice, and protection of human rights and fundamental freedoms;
iv. Increasing public understanding and respect for the rule of law and the legal process; and

v. Inspiring a culture of pro bono, public and social justice among members.

4. ROAD TO A RELEVANT NBA: SETTING A NEW BAR

 A.  WELFARE & SERVICES TO MEMBERS

The principal reason for the existence of the Nigerian Bar Association as a Professional Association is the protection and projection of the interests and welfare of its members. Every member of the Association has to be able to easily answer the question: What does the NBA do for me? The specific aims and objectives provided in Section 3 of our Constitution on welfare are:

“(l) Creation of schemes for the encouragement of newly qualified members and assistance to aged or incapacitated members of the Association;

(m)Establishment of the schemes for the promotion of the welfare security and economic advancement of members of the legal profession”

The welfare of members has not been a priority in reality. It is not surprising that NBA has performed abysmally low on members’ welfare as Welfare appears at No. 13 out of 14 objectives in our Constitution. A recent survey of members’ view on how NBA has performed with respect to members’ welfare, security and economic advancement shows that lawyers scored NBA “very poor” on “members welfare, security and economic advancement”; on “creation of schemes for the encouragement of newly qualified members; and on “Assistance to aged or incapacitated members of the Association”. See http://cp-45.whb.tempwebhost.net/~ernesmpp/lawyers-score-nba-performanec-poor-on-welfare-of-her-members-by-prof-ernest-ojukwu-san/

FUTURE ACTIONS ON WELFARE & SERVICES:

We shall reverse this role and, shall indeed, make the welfare and services to members, their security and economic empowerment our NO. 1 GOAL and OBJECTIVE. To this end, the administration shall –

Develop a Strategic Policy and Plan of Action for Welfare Matters.

 JOB CREATION AND ADVANCEMENT shall be a priority through policies and very many outcome-based capacity building opportunities and programmes.

 ENHANCEMENT OF LEGAL BUSINESS THROUGH WORK AND JOB CREATION/PROPER FEES

 The NBA shall embark on an aggressive Reform of Laws, Rules and Regulations. To this end, we shall:

Make very clear the exclusive work of Lawyers; so, we could robustly fight encroachment.

Review and enact a New Scale of Charges that covers other non-contentious businesses in addition to land instruments.

Create a proper Remuneration Committee, empowered to enforce Rules on Charges under the Law;

Empower and Provide for the request for returns on used NBA Digital Stamps to keep a trail on used stamps and obedience to the use of a scale of charges;

Pursue a legal regime of mandatory franking and signing and stamping by a lawyer before registration of every land instrument;

Produce and secure the enactment a new Rules of Professional Conduct that makes it a misconduct to charge fees below the Scale of Charges;

Review the Rules of Professional Conduct to allow for a more liberal regime of advertisement, acknowledging that Law is a business;

Have a very active NBA (Institutional) advertisement for the role of the Bar in rendering services to the public. This will drive Community and Clients’ awareness of their rights and the effect is to seek more and more legal assistance. This will create jobs.

Conduct a robust advertisement of our Stamp and Seal to the public, which would encourage the public and clients to seek the services of genuine and active lawyers, who use our stamps. This is akin to NAFDAC’s advert of their hologram and scratching for genuine drugs. This will create awareness and job for lawyers.

Design and Conduct Continuing Legal Education (CLE) programmes and workshops on the requisite skills for charging professional fees and billing.

Advocate for protection laws and rules for certain areas of practice for only lawyers enrolled in Nigeria, while conforming to legitimate global commercial treaties binding Nigeria. We shall make strong demands on Government Institutions to stop outsourcing our legal services.

Work out and maintain loan support for the purchase of office equipment, cars, and landed property for residential use for members.

Actively advocate and support capacity building for Lawyers in employment in the public and private sectors, and their welfare including advocating for proper emoluments.

Protect our colleagues in employment in the private and public sectors from any forms of mistreatment and abuse in the hands of their employers.

Advocate the employment of lawyers as Legal Advisers in all public institutions – Ministries, Departments, Agencies of Government, and Local Governments.

Expand the regime of employment of Lawyers as Prosecutors in Magistrate Courts, as successfully implemented in Bayelsa State in 2004/5.

Increase the number of Lawyers employed as Assistants to Judges of Courts of Records.

Support very active Alternative Dispute Resolution practice for lawyers.

YOUNG LAWYERS

Young Lawyers are the future of the Bar. How Young Lawyers are treated reflects on the dignity of the legal profession. Our primary and principal goal shall be the growth of our young lawyers. To this end the economics of their survival shall be paramount. From the onset, we shall Prescribe and actively enforce a policy of minimum wage in private law firms through law and Rules of Professional Conduct. The proposed Legal Profession Regulation Act makes provision for the prescription of the minimum wage by the Legal Profession Regulation Council of Nigeria. A minimum wage regime would be zoned and categorised. Minimum wage addresses the dignity of the lawyer and the legal profession. A reasonable minimum wage for a professional trained for 6 years to be a lawyer is a fundamental issue of professionalism for the Bar. When I inserted Stamp and Seal through the Rules of Professional Conduct, very few persons gave its enforceability a chance. I will do it again with minimum wage. In 2002-2004 the Bar prescribed minimum wages in zones. The only thing that did not happen was their enforceability. Enforcement of a minimum wage is a win-win situation for all members and the profession. Employer and employee would benefit and so would the profession.

In addition to the economy of Young Lawyers, the administration shall:

Focus on capacity building and Job and work creation;

Activate massive, active and sustainable transition programmes such as CAREER COUNSELING, CAPSTONES, IMMERSION and INCUBATOR programmes;

Provide Capacity, Technical and Financial support for developing Solo and Peer Partnership practices for young lawyers;

Ensure Placements on institutional and professional mentoring programmes, sharing opportunities for further education, training, scholarships and resources. The Bar would drive an organised mentoring programme where volunteer mentors would be identified, and mentees formally placed with mentors. There would be training opportunities for mentors and mentees on the mentor-mentee relationship;

Establish a strong Job Placement Unit for counselling, advising and helping place new intakes and young lawyers in employment. We shall continually identify and maintain a database of unemployed or underemployed young lawyers and continually work on job placements with public and private institutions/organizations. None exist now;

Provide and support Radical protection and respect of young lawyers as Nigerians deserving of their fundamental rights to dignity in our law firms. For example, we shall provide regulations that make it a misconduct for any lawyer to be engaged in employment or association or partnership without a written contract;

Provide Institutional protection for our young lawyers from sexual abuse and other molestations and abuses in our law firms and other organizations, agencies and institutions whether private or public;

Provide a Professional and Responsive Complaint and Help Support Desk/Unit at NBA Offices;

Reset, institutionalize and support a sustainable and very active YOUNG LAWYERS FORUM that is autonomous, inclusive and democratic. Set a new bar for the Forum that captures clear goals and objectives designed for the growth of members of YOUNG LAWYERS FORUM and as an engine house for the larger Bar. As at today, the Young Lawyers’ Forum has no defined goal or objective;

Provide free Mandatory Continuing Legal Education (MCLE) training programmes for young lawyers.

AGED & INCAPACITATED LAWYERS AND MEMBERS WITH DISABILITY

Under the new administration, NBA shall:

Closely and actively partner with the Association of Lawyers with Disabilities in Nigeria (ALDIN);

Set up an active NBA Lawyers with Disability Forum;

Vigorously advocate for disability rights generally in Nigeria;

Continually identify and keep a database of members who are aged, or incapacitated, and those with disability, for support. No institutional policy or support exists.

Ensure that NBA Secretariats and offices, Ministries of Justice parking lots, Conference Venues, Law Faculties, the Law Schools, and the Courts are made accessible for members with physical disability;

Introduce the use of Braille, Sign language, and assistive attendants at NBA events and venues;

Establish a Trust Fund immediately for short-term interventions for sudden incapacities;

Implement a policy of fee waivers and low fees for aged and incapacitated members, at Conferences;

Establish an active Professional Help and Support Desk/unit/link for aged/incapacitated members and members with disability.

INSURANCE

The vagaries of life and the hazards of the practice of the profession, makes it imperative that we shall:

Re-introduce a life insurance scheme;

Introduce and maintain a good health insurance scheme for members;

Create and implement a welfare package for families of deceased members;

 NBA ANNUAL CONFERENCES

Our annual conferences shall be conducted based on the highest standards and best practices but at low fees. We shall not break the bank for our conferences. Our conferences will be based on a budget to be approved by members. The account will be open and transparent, and accounts would be rendered swiftly and published widely including on our website. I accounted for ALL funds I received as registration fees from members for on-the-spot registration in the 2003 Annual conference by the Thursday of the conference week.

 

STAMP & SEAL

On several occasions, I have stated that it is not right to have expiration dates on our Stamps. Our stamp is the symbol of qualification and of an active practice and professional career. NBA 2016-2017 budget shows that income from Stamps was N159,000,000.00 and the expenditure was N154,000,000.00. The 2017-2018 budget proposed an income of N191,000,000.00 for the Stamps, and an expenditure of N181,000,000.00. The Bar gains little or nothing. We only empower printers. We shall no more impose fees for stamps. It shall be free, and it would be a Digital Stamp.

The Stamp project was not conceived as a means of financial profit for the Association. It has become a “Cocoa Farm” for Printers. With Technology in the Practice of Law, the printed Stamp shall be abolished and Digital Stamp introduced and used, FREE of any charge, and without an expiration date.

CONTINUING LEGAL EDUCATION

With a focus on Improvement in the Standard of Legal Services and opening greater frontiers and opportunities for legal work and employment including competing very strongly at a global level, the administration commits to:

Re-activating, re-establishing and reinstating, in a sustainable manner, the INSTITUTE OF CONTINUING LEGAL EDUCATION (ICLE);

Actively and effectively conduct Continuing Legal Education in a more interactive manner using face-to-face workshops and online platforms;

Encouraging and supporting localization of Continuing Legal Education at Branch levels, Sections/Forums, Institutions/Organisations, and Private Service Providers to reduce costs.

 

 LEGAL EDUCATION

The Goal of the administration will be the training of new lawyers that are knowledgeable, competent and conscious of social justice, ethics and values. This is a sure path to set a new bar. It will immediately lead to improvement in the standard of legal services and opening greater frontiers and opportunities for legal work and employment including competing very strongly at a global level. To this end, we shall:

Develop the NBA BLUEPRINT ON LEGAL EDUCATION and make our universities and the Law School train students as potential lawyers on what we want and how we want them trained. The blueprint shall include OUR GOAL for legal education and it must be interdisciplinary, combining liberal arts and vocational training approach that integrates knowledge, skills and value competencies with a heavy dose of experiential learning. The teaching methodology must be outcomes based and learner centred and very active;

Focus shall be on Reforming, Transforming and Monitoring legal education from the Universities to the Nigerian Law School. This is the panacea for addressing the poor legal training especially at the foundation level, which is a major reason for unemployment or underemployment of lawyers, indiscipline in the legal profession and lack of access to justice by the people;

Ensure that the NBA Blueprint on Legal Education is reflected in the NEW BACHELOR OF LAWS (LLB) CURRICULUM AND BENCHMARKS STATEMENTS, proposed to go into force in October 2018, and continue to monitor the curriculum review and implementation;

Drive and support a review of the CURRICULUM OF THE NIGERIAN LAW SCHOOL to move strongly to a vocational training away from its present contents-driven training. The Bar will no longer accept STADIUM EDUCATION at the Nigerian Law School;

Establish and implement STRINGENT ACCREDITATION rules;

Establish a regime of complete oversight over the actions of the National Universities (NUC), Council of Legal Education (CLE), Nigerian Law School (NLS), and Faculties of Law relating to legal education;

Have a complete oversight of the Law Faculties on the treatment of Law Students on ethics and discipline of students and staff, including sexual molestation and other forms of abuse and exploitation of students. For that purpose, there shall be a PROFESSIONALLY MANNED ACTIVE COMPLAINTS/HELP DESK/LINE/IT LINK at the NBA offices;

Set up a professionally manned LEGAL EDUCATION UNIT;

Establish a LEGAL EDUCATION TRUST FUND for the purposes of special legal education interventions. This would be the implementation of the resolution of the Bar Summit on Legal Education that was approved by NEC in 2006 under the Presidency of Lanke Odogiyan Esq;

Ensure the active participation of Law teachers in the activities of the NBA. The Nigeria Association of Law Teachers (NALT) shall be made an active NBA partner and supported by the Bar. Law teachers hold the key to the reform and transformation of the legal profession. Every Lawyer and Judge or Justice in Nigeria was taught by a Law Teacher. They would be given their deserved pride of place in the scheme of the profession;

Re-activate the NBA ACADEMIC FORUM. I was pioneer Chairman of the NBA Academic Forum;

Demand a very high standard of professionalism, discipline and commitment from our Law Teachers. The revised Rules of Professional Conduct shall, therefore, have specific provisions that relate to Law Teachers;

Set up a strong MENTORING and CAREER path programmes for Law Students in the Universities and Law School through active extra-curricular activities and law students’ competitions. The Nigerian Bar Association must reverse the neglect of law students and begin to show active presence in the life of law students;

Sustain and expand the CLIENT INTERVIEWING & COUNSELLING SKILLS Competition, which has been running in all Nigerian Universities for the past 13 years. The power of competitions is so great for the development of a professional. Unfortunately, NBA does not have a single ongoing competition for law students.

 DIGITAL LAW LIBRARY

Establish a dynamic Digital Law Library. We shall host a professionally managed free and open source database, for the benefit of members, of all Federal and States Legislation, Rules, Bye-laws, public institutions’ rules and other Instruments, and Law Reports from appellate and trial Courts.

PROFESSIONAL AND EDUCATIONAL PUBLICATIONS

To assist in the capacity building, and professional output of our Members:

The Nigerian Bar Journal shall be reactivated as a more dynamic publication of international standard.

We shall also drive the publication of many other specialized Journals, which journals shall be distributed free and accessible online for all members that pay their Bar Practice Fee.

LAW OFFICERS ASSOCIATION OF NIGERIA (LOAN)

The Bar has not supported its members who work in the Ministry of Justice and other public institutions. The new administration shall:

Fight for better emoluments and welfare for our members in the public service, especially the Law Officers Association of Nigeria (LOAN), particularly as we expect so much from them in the fight against corruption. Law Officers are at the heart of administration of justice in the country and no kind of reform of the justice sector will take root unless we make law officers’ interests, welfare, rights, standard, competence, commitment and role a priority in our scheme of challenges in Nigeria;

Remove the dichotomy and discrimination existing between our Law Officers and the private bar, so that our Law Officers can exercise their full rights of membership;

Work in partnership and provide for the activities of LOAN, especially on capacity building and welfare;

Create an active Law Officers Forum.

 OUR WOMEN’S FORUM

Our Ladies have not been treated fairly especially those in private employment and public offices. Though there has been substantial recognition of women as Magistrates and Judges, the majority of women have been discriminated against, not given opportunities like their male counterparts in the governance of the Bar and many have been molested and sexually harassed in some private law firms and other private and public employment.

The Administration shall reverse this trend. We shall embark on a re-orientation to ensure that we recognise that there are ladies at the Bar and drop the wrong notion we inherited that there are no ladies at the bar and bench;

We shall encourage and give equal opportunities to women for growth in the profession and in the governance and representation in the Association;

The NBA WOMEN’S FORUM shall be reactivated;

Our New Rules of Professional Conduct shall address the subject of sexual harassment and molestation at law offices and legal departments of organisations and agencies;

A professional responsive help/support desk/unit/link shall be set up and maintained at NBA offices.

  INTERNATIONAL RELATIONS

There shall be active partnerships and collaboration with international organisations and agencies to assist our members with opportunities for capacity building and work opportunities

 B.  DISCIPLINE, ETHICS AND CORRUPTION

A survey report published in January 2018 of top ethical issues Nigerian Lawyers want to be tackled by the Bar named the following out of 45 ethical challenges:

Bribery of Judges; delay tactics in court/using litigation as an instrument of delay/delayed trials/file frivolous applications to delay trials or executions or proceedings; Bribery of court personnel for processes; Lawyers’ active role in disobeying court orders/blocking enforcement of orders and judgments; and rudeness to other colleagues/Impolite attitude. See http://cp-45.whb.tempwebhost.net/~ernesmpp/response-of-nigerian-lawyers-on-top-ethical-issues-they-want-tackled-in-the-legal-profession-by-prof-ernest-ojukwu-san/

Corruption within the legal profession has created deep distrust in our citizens and the casualty is the lawyers’ job. We shall fight indiscipline and corruption in the Bar. We shall not allow corrupt and undisciplined lawyers to continue to thrive. There would be no hiding place for them no matter how highly placed.

We shall focus on raising ethics standards at the highest level. It is only by house cleaning shall we be able to legitimately deal with the cankerworm in the larger nation.

Some of the actions the Administration shall take include:

Pursue with vigour the enactment of the Legal Services Commission Bill pending in the National Assembly in order to give a stronger impetus to our disciplinary process. Under this bill, the disciplinary process has been taken away from the Association and placed in the hands of an independent organ whose tenure and autonomy shall not be affected by changes in the leadership of the NBA;

Conduct very vigorous investigations relating to discipline;

Pursue with vigour the reform of our law to permit the establishment of ad-hoc multi-disciplinary committees sitting at different locations of the country at the same time;

In the interim, we shall reactivate NBA Zonal investigation committees populated by only persons of impeccable character and integrity and those committed to helping to achieve the goal of “Setting a new Bar” in the finest traditions;

Getting the Bar Council to enact a new Rules of Professional Conduct before the end of the last quarter of 2018;

Present an NBA ethics education blueprint and curriculum and insist that ethics education be made compulsory in our LLB education;

Conduct ethics training workshops for Nigerian law teachers;

Reactivate the Institute of Continuing Legal Education which I set up for the Bar in 2007. The ICLE Rules of 29^th June 2008 makes ethics and professional responsibility, 4-credits CLE in a reporting period. We shall conduct free ethics workshops for members;

We shall make our anti-corruption Commission come alive;

Organise ethics based competitions for young lawyers and for law students;

Actively and progressively focus on the corruption in Court registries and on the bench;

Activate a strong and sustainable Court Monitoring Programme;

The Bar shall observe with active programmes December 9^th of every year as anti-corruption day in line with international declarations;

We shall encourage and support network of lawyers and other civil society groups on anti-corruption and work for anti-corruption in the Nation’s life but we shall start vigorously with our profession. 

C. GOVERNANCE

NBA has shown a very bad example for democracy and members have been intimidated, cowed and held hostage in the past and the growth of the association stunted by the enthroned culture of dictatorship, impunity and abuse of power. NBA so far means THE PRESIDENT. We shall reverse this trend and focus on building a very strong NBA Institution and its organs. We shall SET A NEW BAR in governance – on the bases of democracy, full and equal participation, openness, transparency and accountability.

OUR SUSTAINABILITY AND REPRESENTATIVE ROLE shall focus on:

Strong advocacy to enact the Legal Profession Regulation Bill; The Act transfers the regulatory functions of the Bar to the LPR Council of Nigeria. NBA will then carry on its representative roles. This is the surest way to the sustainability of professionalism within the profession;

Creation and development of a strong professional cadre for the secretariat guaranteed of job security and dignity;

Managing an open, transparent, democratic and accountable leadership based on:

•  Prudent management of funds;
• All expenditure must be based on the approved budget;
• The budget must be published openly on our websites in advance of approval;
• Maintenance of professional records of accounts;
• Timely professional auditing of accounts;
• Timely publication and wide circulation of statements of account on NBA website and through other media for every member to have access to it;
• Publication (using website and other media) of all proposals and issues for decision making in advance for all members’ attention;
• Creating wide opportunities for consultations, robust discussions and debates of issues;
• Discouraging sycophancy and hero-worshipping of the NBA President;
• Maintaining the principle of universal and fair elections at all levels – National, branches and other organs of the Association,

Promoting full and all-inclusive and equal participation in the association focusing on the following:

•  Give Young lawyers and female members more equitable opportunities and platform in the decision making organs of the Association;
• Remove the dichotomy between city and rural branches;
• Give all branches and members equal opportunities to serve on committees and other representative roles of the association;
• Support programmes and activities of branches;
• I shall personally attend meetings of as many branches as possible especially the smaller branches and other elected officers would also be assigned by me to attend branch meetings. This will enable us to understand and focus on our needs in an all-inclusive way;
• Pay branches their part of practice fee timely;
• Allow Branches their autonomy while maintaining strong disciplinary and accounting oversight. We shall not allow one oiled finger to spoil the rest of our fingers;
• All our sections and forums shall have their autonomy in line with the vision when we created opportunities for sections and forums. However, we will ensure that they follow the vision of openness, transparency, democracy and accountability;
• NBA Trustees shall play their constitutional and legal roles;
• The Institute of Continuing Legal Education shall be reactivated. It would be made strong as an institute in line with the original vision. It is not a committee. It is not a forum. It is not a section. It is an institute and it will play its role;
• The Human Rights Institute shall be reactivated. It would be made strong as the Human Rights Institute, in line with its original vision. It is not a section or Forum or a Committee. It is the NBA Human Rights Institute;
• Reactivate and support all existing Forums like – LAWYERS IN THE MEDIA, MILITARY FORUM, WOMENS FORUM, ACADEMIC FORUM, YOUNG LAWYERS FORUM. More forums will be chartered as the need arises;
• FIDA Nigeria is an organisation that has played an enormous role in advancing human rights and social justice. The Bar has not supported FIDA We shall make FIDA an active partner and support her in her work in Nigeria and reactivate the WOMENS FORUM for governance.

Provide a sustainable STRATEGIC ACTION PLAN for the Bar.

We have had some strategic action plan for the Bar in 2008, 2010, 2012 and 2016. I actually wrote the 2012 Strategic Action Plan as Chairman of the Committee. All these strategic action plans failed because they were not members’ plan. Members and even elected officers of the Bar in those tenures did not know about the plans. I shall adopt a plan that is approved by members and given wide publicity so members will have ownership of the plan. Only by giving members ownership of the plan shall we be able to have an honest evaluation of the plan which will be the basis of any adjustment during implementation by the successive leadership of the bar. We cannot afford to continue to be plan less.

 D.  RULE OF LAW

 The NBA’s motto is “Promoting the Rule of Law”. However, out of the 14 objectives of the NBA Constitution, the Rule of Law is No. 11. No wonder that there are no real NBA actions on Rule of Law other than introspective talk shows at conferences. Right now, we are facing a growing trend on disobedience of court orders and judgments by various organs and institutions of government, rampant and prolonged detentions of citizens by law enforcement agencies across the country without due process, intimidation of the courts and citizens, extrajudicial killings by state agencies, and molestation, intimidation, detention and harassment of lawyers in the line of duty.

The Administration shall make the promotion, protection and advancement of the Rule of Law our priority and take the following actions:

INDEPENDENCE OF THE LEGAL PROFESSION AND THE JUDICIARY

PRESERVING THE INDEPENDENCE OF THE LEGAL PROFESSION AND THE JUDICIARY shall be a priority and the administration shall:

We shall use all legitimate means to engage governments and their agencies at all levels to preserve the independence of the judiciary and the legal profession. This will be done through any legitimate and lawful means. We shall confront the scourge frontally and radically bearing in mind the core characteristics and dimensions of judicial independence. The core characteristics are: Appointment and Security of tenure; Fiscal Autonomy; and administrative autonomy while the dimensions are institutional and personal independence.

For the legitimate PROTECTION OF THE JUDICIARY, we shall first drive the judiciary to self-cleanse by getting them to reset their governance mechanism and appointment of judges at all levels to be open, transparent, and accountable to the public;

The judiciary must release to the public their financial guidelines and they have to apply the guidelines;

The judiciary has to apply the Freedom of Information Act on itself;

The administration shall:

• Conduct a very strong sustainable court monitoring programme.
• Check the menace of bribery and corruption in our court registries. Our starting point shall be partnership meetings and discussions, and agreeing and publication of ground rules. The next steps shall be confrontational;
• Engage the leadership of the judiciary to address issues of personal independence including removing all known opportunities for corruption at all levels of the judiciary since corruption is also a crime of opportunity;
• Take all legitimate steps to ensure the sustenance of judiciary’s institutional, administrative and fiscal autonomy at all levels – federal and state.

FOR THE BAR, the Administration shall begin with friendly engagements such as –

• Meetings with the highest commands of all law enforcement and security agencies;
• Agreeing and signing MOUs on Rules of Engagements of lawyers at Police Stations and other places where clients are held or questioned or detained;
• Insisting on strict adherence to the provisions of Administration of Criminal Justice Act (Irrespective of location – State or Federal Territory);
• Supporting the training and continuing training of law enforcement personnel on human rights, rule of law and ethics;
• Developing and advocating the use of modern model human rights curriculum and outcomes based teaching methods in all security agencies’ training institutions such as the Police College, Police University, Army College, Nigerian Defence Academy etc;
• Beyond friendly engagements, we shall if need be, pursue other legitimate processes such as massive litigation, and other strong public advocacy confrontation strategies. We shall not hold back.

HOLDING GOVERNMENT/AGENCIES ACCOUNTABLE

 The Administration shall be:

Strongly advocating the enactment of a law/constitutional amendment to make the breach of human rights by virtue of public office a crime and the disobedience of court order/judgment a high crime;

Strongly advocating the amendment of all agencies/public service rule/laws to make a breach of fundamental rights and disobedience to court orders a ground for dismissal from office;

Use all legal advocacy strategies to ensure that public office holders and their agencies (which includes all law enforcement personnel and agencies) are held accountable for human rights abuse and disobedience of court orders and judgments.

The PUBLIC INTEREST programmes shall work vigorously to:

Increase meaningful access to justice, and protection of human rights and fundamental freedoms by –

• Engaging in public understanding of and respect for the rule of law and the legal process through community outreaches, street law, law clinics, media campaigns, and advertisements;
• Public interest advocacy and litigations;
• Interfacing and partnerships with civil society organizations and NGOs;
• Focusing on social justice concerns such as peaceful coexistence, environmental degradation, child abuse and child rights, prison decongestion, human trafficking, sexual violence, sexual abuse in tertiary institutions, and abuse of students’ rights;
• Activating a very strong pro bono unit at the NBA Secretariat, offices and branches;
• Inspiring a culture of pro bono, public service and social justice among members;
• Instituting social justice/human rights projects-based competition prices for lawyers.
• Instituting social justice/human rights projects-based competition for law students.
• Supporting SPIDEL as a very active Section of the Association
• Creating and supporting a Forum for all lawyers who are engaged in governance and human rights NGOs and Projects;
• As leader of the Association, I WILL SPEAK OUT PROMPTLY ON ISSUES OF NATIONAL INTEREST. To speak for the bar effectively the leader must be honest, genuine and courageous. I will be honest and genuine.

 MY PLEDGE FOR THE FUTURE BAR:

 Dated this 29^th Day of June 2018

 Prof Ernest Ojukwu, SAN