SOME Northern lawyers who were members of the Nigeria Bar Association (NBA) have formed a splinter group.
The splinter group known as the New Nigeria Bar Association (NNBA) according to a statement issued to newsmen and signed by the conveners of the new group, Barrister Nuhu Ibrahim and Barrister Abdulbasit Suleiman respectively on Thursday came into being based on section 40 of the Constitution of Federal Republic of Nigeria,1999 provides as follows:
“Every person shall be entitled to assembly freely and associate with other persons, and in particular he may form or belong to any political party, trade union or any association for the protection of his interests.”
‘The New Nigerian Bar Association members, gleaned from the above Constitutional provision feel that their interests are no longer taken into consideration in major decisions of the NBA hence the formation of this association.
“What has been happening recently has exposed the inability of the NBA to manage and contain the heterogeneity of its members as well as their various interests.
“Its penal powers have been deployed discriminatively on the basis of ethnicity and regionalism.
“As a body of Lawyers who have undergone training towards ensuring the promotion and protection of Human rights and liberties, the NBA is supposed to live above sentiments, regionalism and discrimination on any basis and of any kind.
“Therefore, the NBA cannot afford to be seen not to be upholding the rights and freedom of its own members if at all, it should be seen to be practising what it preaches.
“As the Hausa saying goes: Idan Kura tana maganin zaho, ta yi ma kanta(If Hyena has a cure for diarrhoea let her use it for herself).
“The New Nigerian Bar Association have been watching the activities of the NBA, an association we all looked forward to joining with high hopes before being called to the Nigerian Bar, forcing idiosyncrasies of few on the majority of its members, especially in recent times.
‘No wonder, NBA NEC, which is the highest decision-making organ of the Association failed to uphold the fundamental principles of fair hearing which in itself, is the fundamental aspect of Rule of Law, on the allegations against the Executive Governor of Kaduna State, Mallam Nasir Ahmad El-Rufai as were contained in a petition by Chidi Odinkalu Esq. a long time foe of His Excellency and a Lawyer of eastern extraction, but the NBA failed to extend the same treatment to Southern invitees who were also petitioned and are also alleged to have committed similar or more human rights abuses than those alleged against Mallam El-Rufai.
“It is pertinent to state that the NBA membership as currently constituted can be termed “Mandatory Membership Association” which, for all intents and purposes, is against the provisions of the Constitution since the grundnorm recognises freedom of membership of every Association.
“As section 40 of the Constitution of Federal Republic of Nigeria,1999 provides as follows:
“Every person shall be entitled to assembly freely and associate with other persons, and in particular he may form or belong to any political party, trade union or any Association for the protection of his interests”
“The New Nigerian Bar Association members, gleaning from the above Constitutional provision feel that their interests are no longer taken into consideration in major decisions of the NBA hence the formation of this Association.
“A cursory chronicle of the membership composition of major organs of the NBA would reveal lopsided representation despite having large numbers of Lawyers from all parts of the Country and especially Northern Nigeria who have diligently paid their Bar practising fees and have distinguished themselves in the legal profession.
“The New Nigerian Bar Association feel that Lawyers, as professionals like Doctors and Accountants should have more than one Association regulated by the General Council of the Bar.
“The Legal Practitioners Act (LPA) which regulates the legal profession in Nigeria did not establish the NBA.
“In fact, the NBA was established as an Incorporated Trustee by the Corporate Affairs Commission (CAC).
“It is no longer gainsaying that a group of Lawyers can freely join any lawful Association for the protection of their rights and interests as Lawyers and citizens of Nigeria pursuant to the above-cited Section 40 of the Constitution.
“Even Section 1of the Legal Practitioners Act, which seemingly conscripted all Lawyers in Nigeria to Mandatory Membership of NBA is, for all intents and purposes, at loggerheads with Section 40 of the Constitution which makes the former null and void and of no effect whatsoever.
‘The Constitution remains the supreme Law of the land to which all other laws including the LPA are subject.
Section 1(3) of the Constitution states that:
“If any other law is inconsistent with the provision of this Constitution, this Constitution shall prevail, and that other law shall to the extent of the inconsistency be void”
“On the basis of the foregoing, some Lawyers of like mind and duly called to the Nigerian Bar have decided to form New Nigerian Bar Association with the aim of protecting their interests as encapsulated under Section 40 of the Constitution.
“Members of this Association have commenced consultations with very Senior Lawyers of Northern Nigeria extraction and those practising therein with the view to constituting the Trustees and for purposes of fixing a date for the formal inauguration of the Association.
“The inaugural date of the Association being apolitical and geared at taking and protecting the interests of Lawyers of like minds shall be communicated,” they said.
That is the beauty of law in any case But one thing is certain that, right is correlative; where your right ends that’s where mine begins. The so much quoted section 40 of the 1999 constitution by my learned brothers from the north in forming their New Nigerian Bar Association is subject to derogation, I don’t know if they avert their minds to it. See section 45(1) of the constitution.
The inconsistency section cited by my learned brother is laughable. That section 10f of the Legal Practitioners Act was inconsistent with section 1(3) of the 1999 Constitution.
On the contrary, let me shock you that the said, Section 10f of the Legal Practitioners Act, as mentioned above also was never inconsistent with section section 40 of the Constitution by virtue of section 45 (1) b.
The provision reproduce and thus read:
45(1) ” Nothing in section 37,38,39,40 and 41 of this constitution shall invalidate any law that is reasonably justifiable in a Democratic society-
b. for the purpose of protecting the rights and freedom of other persons.”
A combined reading of the above provisions of the constitution and section 10f of the LPA, it is a reasonable law in a Democratic society which protect and have been protecting the rights of its members from inception that cannot be invalidated. So section 10f LPA stands to all righteousness.
Furthermore, it is disdainful that the northern lawyers forum should exhibited such amount of calumnies to the NBA considering their strategic positions from past to present in the judiciary.
More so, the issue of NBA NEC disinviting Gov. Elrufai as one of its guest speakers does not call for spit of fire. Since the discretion lies with NBA NEC to
choose who to invite or disinvite . And in their letter to the Governor they have expressly stated in it no form of bias, ethnicity or religion colorations that ought not to raise any buzz if not for some political bigotries.
So the New Nigerian Bar Association only become skeptical with their views on the recent happening has their interest not beeni included. The move by this new body is politically motivated I must say and does not any means reflect the interest of anyone who feels joining them. Since their ‘interest’ in definition means “northern interest” it only showcase a zonal or sectoral interest. For this I most fore warn them to desist from dividing the NBA and exploring the minds of other meaning lawyers from believing their gullible and sectional interest.
Lastly, there is no assurance that the so called New Nigerian Bar Association (NNBA) would have a perfect and free from error administration when eventually inaugurated.
They should learn to see with their hearts rather than their eyes.
Thank you.
One NBA