NBA PRESIDENT MUST NOT BE A SENIOR ADVOCATE: HE MUST BE A LEADER – Nyada Auta

At the 2015 Annual General Meeting of the Nigerian Bar Association, lawyers in Nigeria overwhelmingly voted for the adoption of a Constitution which gave all lawyers who pay their Bar Practicing Fee and Branch Dues as at when due, the right to vote for persons aspiring to be National Offices of the Association. The constitution amendment addressed the agitation of many lawyers who insist that every lawyer who is financially up-to-date should have a right to vote (One lawyer, one Vote). The rebirth of universal suffrage for all lawyers was widely celebrated as it was in accord with the universally accepted practice of according right to vote to fee-paying members of any Association.

The provision was therefore used once again to elect the current crop of NBA National Officers. The Nigerian Bar Association is without doubt experiencing true democracy in its electoral process as the entire membership of the Association, who are duly accredited for election, can now vote for its national officers. This is a departure from the delegates systems which was introduced in 1998 after an electoral impasse that took place in 1992.

The Delegates System for electing NBA National Officers was introduced in 1998. It was not therefore the mode of electing NBA Offficers. It was meant to avoid the problem of 1992 when it was alleged that the involvement of non-lawyers in the election of that year contributed to the crisis that befell NBA in Port Harcourt. The universal suffrage was therefore displaced in the belief that delegates system would bring about peaceful election of NBA National Officers.

Even though the introduction of the delegates system brought about peaceful elections it produced ugly consequences that should not be seen in the electoral process of a body like the NBA. It introduced vote-buying, monetization of the electoral process, undemocratic acts by branch Chairmen in picking delegates, intimidation and removal of potential delegates who refuse to do a Chairman’s biding, the absence of consultation of the branch on whose behalf the delegates are supposed to vote etc. The ugly side of the delegate system is best summed up by Augustine Alegeh SAN in his Inaugural address as NBA president when he stated: “The cost of NBA National elections to the Association is increasing at an unsustainable rate. The risk, dangers and inconveniences encountered by NBA members during these elections is becoming unbearable. The elections are becoming too expensive for NBA members and voter tampering appears to be encouraged when Delegates at National Elections are not provided with accommodation and other logistic requirements by the Association. The resultant effect is that candidates are compelled to provide accommodation and logistic needs for the Delegates in a manner that may compromise the decision-making process of the candidates”

He concluded by suggesting a review of the delegate system of election in the NBA so that e-voting through the NBA Website be introduced to allow for universal suffrage. The RETURN of the universal  suffrage has therefore put the Association on the  best path toward realizing the mandate of the Association and positioning it as a moral standard to other institutions, including the nation at large. Above all it has re-armed lawyers with a genuine ability to determine who they trust will best lead them as well as address the challenges and issues they face.

The return was also hailed by members as a step in the right direction and one which will make the Association stronger by ensuring the emergence of selfless leaders who will reflect the true intendment of the Association and be a true representative of all members without classifications as well as reduce the influence of money in the Association’s electoral process.

With the return of Universal Suffrage, certain concerns have been raised, especially, regarding qualification to steer the ship of the Association as its President.  Quite a number of lawyers wrongly assume that that one can only be President of the NBA, if one were a Senior Advocate of Nigeria (SAN) . This may be attributed to an assumption that the history of the NBA started in 1998.

To these lawyers being an SAN is considered a core requirement for anyone desiring to lead the Bar, even as it is not and has never been a requirement under the NBA Constitution. To such as these, rank is more important than program, experience and proven leadership ability. Nothing can be further from the truth. The obvious shortcomings of the delegates system no doubt encouraged this thinking since only SANs survived its strong demands and the few non-SANs who contested for NBA President could not muster enough votes to win.

A little historical insight, clearly shows that since the introduction of the rank in 1975, NBA has had many Presidents who were not Senior Advocates when they assumed office as Presidents of the Association.  A shining light among these non-SAN Presidents is Alao Aka-Bashorun, who is still fondly remembered as one of finest.

From the recorded history of the Bar, its leaders were once known and referred to as “Chairman” between 1900 – 1959. Those who led the Association during the period mentioned were 6 in number and none of them was a Senior Advocate as the rank has not been introduced in Nigeria at that time. So, it will be correct to state that 6 of them led the Bar without being Senior Advocates at the time they held office.

Chairmen of the Bar Association were:

Christopher Sapara Williams (1900–1915)

Sir Kitoyi Ajasa (1915–1937)

Eric Olawale Moore (1937–1944)

E.J. Alex Taylor (1944–1950)

Sir Adeyemo Alakija (1950–1952)

Jubril Martin (1952–1959)

In 1960, the title was changed from “Chairman” to “President” but the authority of office was the same. This era spanned through 1960 – 1992 and produced 16 Presidents in all. It is worthy of note that not even one of these Presidents took the rank of Senior Advocate of Nigeria before becoming the President of the Nigerian Bar Association. Furthermore, 8 of these Presidents never took the rank even after their service to the Bar, while the other 8 took the rank with only 2 taking it while in office. For the purpose of emphasis, all these Presidents emerged through the process of Universal Suffrage as all financial members of the Bar Association duly accredited to vote, were able to elect a President of their choice. The list of these Presidents is as captured below:

Frederick Rotimi Williams (1960–1968)  took the rank in 1975

Peter Thomas (1968–1969) never took the rank

Chief B.M. Boyo (1969–1970) never took the rank

Chief Richard Akinjide (1970–1973) – took the rank in 1978

Chief Adebayo Ogunsanya (1973–1974) took the rank of SAN in 1980

Dr. Mudiaga Odge (1974–1975) took the rank of SAN in 1978

Dr. Nwakanma Okoro (1976–1978) took the rank of SAN in 1978

Chief B.O. Benson (1978–1980) took the rank of SAN in 1983

Chief Adetunji Fadairo (1980–1982)    took the rank of SAN in 1988

A.N. Anyamene (1982–1984)    took the rank of SAN in 1982

Prince Bola Ajibola, (1984–1985) took the rank of SAN in 1986

Ebele Nwokoye (1985–1987)    took the rank of SAN after 1987

Alao Aka-Bashorun (1987–1989)- never took the rank

Charles Idehen (1989–1991) never took the rank

Chief Clement Akpamgbo SAN- (1991–1992)

Priscilla Kuye (1991–1992) – never took the rank

Between 1992 and 1998 the NBA had no President, functioning only in branches. However, in 1998, the Association was revived and those who pioneered the revival thought it necessary to avoid the election crisis that led to the Bar being inactive for 6 years by introducing the DELEGATES ELECTORAL SYSTEM as substitute for the UNIVERSAL SUFFRAGE which the military government attempted to manipulate in 1992 leading to the crisis. The delegates system was unwittingly skewed in favour of a class who had strong control of the legal Profession to the detriment of it larger members and that saw the domination of the NBA Presidency by Senior Advocates only. This was possible as the delegates were dominated by Senior Advocates who never voted for anyone they considered to be below them. Under this dispensation, the Bar Association has produced 10 Presidents and only one was President without the rank of Senior Advocate of Nigeria and that was because he merely succeeded a President who was appointed as the Attorney-General of the Federal.

Those who were Presidents under the Delegates system are:

Chief T.J.O. Okpoko, SAN (1998–2000)

O.C.J. Okocha, SAN (2000–2002)

Chief Wole Olanipekun, SAN (2002–2004)

Chief Bayo Ojo, SAN (2004–2005)

Prince Lanke Odogiyo (2005–2006)

Olisa Agbakoba SAN (2006–2008)

Chief Olurotimi Akeredolu, SAN (2008–2010)

Joseph Bodurin Daudu, SAN (2010 – 2012 )

Okey Wali, SAN (2012 – 2014 )

Augustine Alegeh, SAN (2014 – 2016)

Mahmoud Abubakar Balarabe, SAN (2016 till date)

In 2015, the election was done online in accordance with the provision of the constitution and members voted with enthusiasm. The two candidates who ran for the office in 2016 were both Senior Advocates from the northern region of Nigeria, in accordance with the Association’s zoning principles and Mr. Mahmoud Abubakar Balarabe, SAN emerged winner of that election. Therefore, under the new dispensation, only one President has emerged and it is hoped that the system will produce vibrant and charismatic leaders for the Bar in the nearest future.

2018 present another opportunity for members of the Association to elect a new President. It is an opportunity to elect a true leader who has the requisite qualities to lead the Bar into prosperity and restore our pride of place in the society. One who may or may not be a Senior Advocate of Nigeria as that was never and is still not a requirement for qualifying to hold that office.

In all the 33 Presidents of the Nigerian Bar Association 23 were not Senior Advocates as at the time they assume the leadership of the Bar Association. Only 10 (the incumbent inclusive) emerged Presidents of the Bar with the rank of Senior Advocates of Nigeria. Therefore, nothing should deter the Bar from choosing a leader who will perform even if he is not a Senior Advocate. A leader that both the young members of the Bar and seniors can relate with. A President that will be a leader, not a ruler. A president who will feel the pains of lawyers, speak for them and the downtrodden masses of this country. A President who will be responsive, proactive, cerebral and throw open the doors of the NBA to justice and fairness for the multitude of the oppressed and under privileged. A President who will defend the integrity of legal practitioners, legal profession and the judiciary.

Thank you.

Nyada Auta

Past officer, Suleja Branch of the NBA and Immediate Past National Secretary, Young Lawyers Forum.