1 | Page MINUTES OF THE NATIONAL EXECUTIVE COMMITTEE (NEC) MEETING OF THE NIGERIAN BAR ASSOCIATION HELD ON THE 28 TH DAY OF MARCH, 2019 AT THE AUDITORIUM, NBA NATIONAL SECRETARIAT, ABUJA. 1.0 IN ATTENDANCE: A. NATIONAL OFFICERS 1.) PAUL USORO, SAN - PRESIDENT 2.) JONATHAN GUNU TAIDI - GENERAL SECRETARY 3.) STANLEY CHIDOZIE IMO - 1ST VICE PRESIDENT 4.) DR. FOLUKE DADA - 2ND VICE PRESIDENT 5.) THEOPHILUS TERHILE IGBA - 3RD VICE PRESIDENT 6.) BANKE OLAGBEGI-OLOBA - TREASURER 7.) NNAMDI INNOCENT EZE - LEGAL ADVISER 8.) JOSHUA ENEMALI USMAN - WELFARE OFFICER 9.) ELIAS EMEKA ANOSIKE - FINANCIAL SECRETARY 10.) OLUKUNLE EDUN - PUBLICITY SECRETARY 11.) EWENODE WILLIAM EWENODE - 1ST ASST. SECRETARY 12.) CHINYERE OBASI - 2ND ASST. SECRETARY 13.) IRENE INIOBONG PEPPLE - ASST. FIN. SECRETARY 14.) AKOREDE HABEEB LAWAL - ASST. PUB. SECRETARY B. PAST PRESIDENTS 1. CHIEF T.J. OKPOKO ONOMIGBO, SAN 2. O.C.J. OKOCHA, SAN 3. AUGUSTINE OYAREKHUA ALEGEH, SAN C. PAST GENERAL SECRETARIES 1. HON. OBAFEMI ADEWALE 2. PHILIP NDUBUISI UMEH 3. HON. NIMI WALSON –JACK 4. AFAM OSIGWE D. CHAIRMEN AND SECRETARIES OF SECTIONS 1. SENI ADIO, SAN 2. BUNMI IBRAHEEM 3. ADEOYE ADEFULU
Transcript
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MINUTES OF THE NATIONAL EXECUTIVE COMMITTEE (NEC) MEETING OF THE
NIGERIAN BAR ASSOCIATION HELD ON THE 28TH DAY OF MARCH, 2019 AT THE
AUDITORIUM, NBA NATIONAL SECRETARIAT, ABUJA.
1.0 IN ATTENDANCE:
A. NATIONAL OFFICERS
1.) PAUL USORO, SAN - PRESIDENT
2.) JONATHAN GUNU TAIDI - GENERAL SECRETARY
3.) STANLEY CHIDOZIE IMO - 1ST VICE PRESIDENT
4.) DR. FOLUKE DADA - 2ND VICE PRESIDENT
5.) THEOPHILUS TERHILE IGBA - 3RD VICE PRESIDENT
6.) BANKE OLAGBEGI-OLOBA - TREASURER
7.) NNAMDI INNOCENT EZE - LEGAL ADVISER
8.) JOSHUA ENEMALI USMAN - WELFARE OFFICER
9.) ELIAS EMEKA ANOSIKE - FINANCIAL SECRETARY
10.) OLUKUNLE EDUN - PUBLICITY SECRETARY
11.) EWENODE WILLIAM EWENODE - 1ST ASST. SECRETARY
261. RASHEED OLANREWAJU KAZEEM CHAIRMAN IKARE AKOKO BRANCH
262. OGUNMODEDE OMOTAN OLUSOLA SECRETARY IKARE AKOKO BRANCH
263. OLORUNMEKE ADEBAYO ISAAC NEC REP IKARE AKOKO BRANCH
264. S.K.OLOWOLAGBE CHAIRMAN IKIRUN BRANCH
265. NIYI AKINSOLA SECRETARY IKIRUN BRANCH
266. WILLIAMS AJAYI CHAIRMAN ILE-IFE BRANCH
267. O. N. BABATUNDE SECRETARY ILE-IFE BRANCH
268. OLAYINKA SOKOYA SECRETARY ILESA BRANCH
269. S. B. AJIBADE CHAIRMAN OSOGBO BRANCH
270 NURENI OKUNLOLA SECRETARY OSOGBO BRANCH
271. I.T. EWOGBADE CHAIRMAN IWO BRANCH
272. F. O. AJANI SECRETARY IWO BRANCH
273. TONA AKANDE NEC REP IWO BRANCH
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F. CO-OPTED MEMBERS
1. ALBERT AKPOMUDJE, SAN
2. YUSUF OLAOLU ALI, SAN
3. ADEBAYO OBA ADELODUN, SAN
4. SULEIMAN USMAN, SAN
5. DAMIAN D. DODO, SAN
6. J. K. GADZAMA, SAN
7. C. A. AJUYAH, SAN
8. MIKE OZEKHOME, SAN
9. NNAMONSO EKANEM, SAN
10. FERDINAND ORBIH, SAN
11. SOLOMON UMOH, SAN
12. MFON USORO
13. GARBA TERTENGI, SAN
14. TEMPLE WAAMAH
15. ZAINAB ATOBA
16. OGAGA EMOGHWANRE
17. FRANCIS EKWERE
18. BOB IJIOMA
19. AMA ETUWEWE
20. MARC ENAMHE
21. FATIMATU BATULU MUHAMMAD
22. SAFIYA BALARABE
23. AIKHUNEGBE ANTHONY MALIK
24. ISAH ABUBAKAR ALIYU
25. RAZAK ISENALUMHE
26. IBRAHIM ABDUL, SAN
27. CHUKWUMA EZEALA
28. VICTOR ABASIAKAN-EKIM
29. PAUL EBIALA
30. ANTHONY ATATA
31. S.A. ABBAS
32. LINDA BALA
33. VICTOR OTOMIEWO
34. OGHENERO OKORO
35. UCHECHUKWU EUBONNAH OGBONNAYA
36. IYABODE OGUNSEYE
37. EBOSELE OKHIFOH
38. DAVID MADUKU
39. FRANCIS C. OKALA
40. GWEKE AKUDEHOR
41. AUSTIN AJINEH
42. MBANUGO UDENZE
43. L. U. OVWROMOH
44. MAHMUD A. GARUBA
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G. APOLOGIES
1. ADEGBOYEGA SOLOMON AWOMOLO, SAN
2. OFFIONG EFFIONG BASSEY OFFIONG, SAN
3. ASSAM EMMA ASSAM
4. AARE ISIAKA ABIOLA OLAGUNJU
5. AMAKA EZENO
6. MRS. PATRICIA IFEOMA IGWEBUIKE
7. TOB KEKEMEKE, ESQ
8. EKPEYONG NTOMKIN
9. NELLA ANDEM-RABANA, SAN
10. ABIMBOLA AKEREDOLU, SAN
11. CHARLES UWENSUYI-EDOSOMWAN, SAN
12. STEVE ADEHI, SAN
13. TITILAYO AKINLAWON, SAN
14. KONYINSOLA AJAYI, SAN
15. PROF. WAHAB EGBEWOLE, SAN
16. MURTALA ABDUL-RASHEED
17. OLU AKPATA
18. MUHAMMAD NUHU
19. ABIGAIL N. WAYA
20. JOY GBANIGO
21. YAKUBU PHILEMON
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2.0 AGENDA FOR THE NEC MEETING
1. NEC Prayer
2. Review of the Minutes of the NEC meeting of Thursday, 6thDecember, 2018
and Emergency NEC Meeting of 28th January, 2019.
3. Matters arising from the minutes
4. President’s speech
5. Financial Reports & Related/Ancillary Matters
6. Reports from Committees
7. Rule of Law and related matters/State of the Nation
8. Any other business
3.0 COMMENCEMENT
The President called the meeting to order at 10:31 am with the NBA prayer offered by Chief O. C. J. Okocha, SAN.
4.0 PRESIDENT’S OPENING REMARKS
The President welcomed National Officers and NEC Members to the Meeting
and apologized that the meeting was starting a few hours behind schedule. He
explained that this was due to the fact that the meeting hall was still scanty when
it was time for the meeting to begin and he wanted to allow for quorum before
commencing the meeting.
He further apologized that members received the soft copies of the NEC Bundle just a few hours to the meeting and also for the accommodation hassles members of NEC had to go through upon arrival. He assured members that going forward, these lapses would not occur again.
5.0 AGENDA
Mr. President read out the agenda for the meeting and in the absence of any
amendment same was adopted.
6.0 MINUTES OF PREVIOUS MEETINGS
The President informed the meeting that there were 2 minutes up for review: that
of 6/12/18 and the emergency NEC meeting 28/1/19 which were at pages 6 – 30
and 31–45 of the NEC Bundle respectively. He called for
corrections/observations in the minutes if any.
6.1 Minutes of 6/12/18
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6.1.1 Correction of Minutes
A. Under paragraph 4.0 on page 11, Mr. President pointed out that he did not
apologize for the absence of the hard copies of the NEC Bundle as recorded, but
instead informed the meeting that going forward, NEC Bundles would be
forwarded in electronic and not hard copies.
B. In paragraph 9.0, page 24, under ‘Financial Report’, Mr. President observed that
the name of the Chairman of Eket Branch who seconded the motion is ‘Mfon
Etukudo’ and not ‘EfunEtukudo’ as recorded.
6.1.2 Adoption of Previous Minutes of 6/12/18
M. A. Abbas, Secretary, Lokoja Branch moved the motion for the adoption of the
minutes of 6/12/18 and the Motion was seconded by Abdullahi A. Bature, NEC
Rep, Kano Branch.
6.2 Minutes of 28/1/19
There were no corrections made to these minutes.
6.2.1 Adoption of Previous Minutes
Oka Isaac, Chairman, Asaba Branch moved for adoption of the minutes of
28/1/2019 and the motion was seconded by Mohammed Tsav, Chairman Bwari
Branch.
6.3 Matters arising from the minutes of 6/12/18.
The President pointed out that most of the issues discussed at the NEC meeting
of 6/12/18 were more or less resolved and others were substantive matters for
the day’s meeting. It was therefore agreed that the meeting treat the unresolved
matters arising from that day’s meeting under the substantive matters for the
day’s meeting.
6.4 Matters arising from the minutes of the emergency NEC Meeting of 28/1/19.
The President reminded members that the sole issue for the discussion at
emergency NEC meeting of 28/1/19 was the issue of the suspension of the CJN,
Hon. Justice W. S. N. Onnoghen, GCON. He noted that the main matter arising
is the report of the 3 man committee (made up of Past Presidents Chief Wole
Olanipekun, SAN and A. B. Mahmoud, SAN and his humble self), set up to liaise
with officials of the Federal Government of Nigeria (FGN) on the matter. He
craved the indulgence of the meeting for members of the committee to present
that report later as part of the Committees’ Reports.
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7.0 PRESIDENT’S SPEECH
The President, Paul Usoro, SAN proceeded to present his address.
He began by welcoming all members to the 2018/2019 Quarter 3 NEC meeting pointing out that the meeting was the 2nd NEC meeting of his administration.
7.1 Achievements of his administration He presented a summary of the achievements of his administration since the last NEC meeting to include: 1.) The introduction of the Online Payment Platform for the payment of Bar
Practice Fees (“BPF”) by members. He maintained that this was one of the significant achievements of this administration. He noted that this had reduced the stress and time lawyers queue up in banks to pay their dues and practice fees as they could now make their payments online from the comfort of their homes at any time of the day or night including weekends and even from outside Nigeria. He added that the plan was already in the works to extend this online payment facility to cover payments for all other NBA related fees and dues payable by our members and third parties.
2.) The enthronement of financial accountability, transparency and prudence as regards the Association’s finances. The President reminded members that at the last NEC meeting, the Management Accounts of the Association for Quarter 2 of 2018/2019 had been published. This he maintained was a promise kept and a statement made on the resolve of the National Officers to be consistent in being financially accountable and transparent in the management of the NBA’s funds. He pledged that not a Quarter will pass in the two years of this administration without the NBA’s Quarterly Financial Statement being published. He pointed out that one of the positive knock-on consequences and effects of financial accountability and transparency is that it forces prudence on the managers of the Association’s funds, knowing that there must be an accounting to members, as all expenditure that is made, is published in the Financial Statements. He added that this fact is always present in the minds of all the executives and this in part, informs the prudent management of the Association’s funds by this administration.
3.) The institution of internal reforms in the Secretariat to make it more responsive to the needs of members and serve the Association better. He added that the feedback he had been getting in this regard was positive as members have their problems solved more quickly and with ease and stamps are delivered to members within days of the orders being received at the Secretariat from the Branches. To further enhance the Secretariat’s efficiency, he informed the meeting that he would be placing before members, a new fit-for purpose organogram for the Secretariat for approval. He pointed out that
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one of the innovations in the new organogram is the inclusion of the position of an Internal Auditor in the Secretariat. He explained that in any properly organized establishment, the Internal Auditor is significant livewire personnel for ensuring prudence and accountability in financial management and no serious and successful organization operates in modern times without the personnel that fulfills that role. He therefore called on NEC to approve the new organogram as that would further entrench financial transparency, accountability and prudence at the Secretariat.
4.) NEC was informed that work had started on the revamping and modernization of the NBA website with the right customer experience, aesthetics and functionality and the website will be unveiled by or before the next NEC meeting. The President pointed out that the new website, apart from serving as information portal will also have functional uses like an interactive profile which to allow for online resolution of problems and issues by users of the website. He noted that these attributes were absent in the Association’s website.
The President explained that the website would be enhanced to cover online payments of all fees and dues to the Association. The enhancement would cover and include the creation of an online platform for ordering stamps in a manner that would ensure that branch dues and other branch levies were fully paid and satisfied by the person making the order as a condition precedent to the placement of the orders. He added that prior to now, separate standalone websites were created each year for Annual General Conferences (“AGC”). However from this year, the AGC portal would be hosted in the NBA website and there would be no need for the award of yearly contracts for the creation of websites solely for our AGC events. The President further pointed out that some Sections of the Association currently had their own independent standalone websites which are not linked to the NBA website and SPIDEL does not even have a website; going forward, SPIDEL would be housed and hosted at the NBA website and links would be created between the modernized NBA website and the current standalone SBL and SLP websites. He assured members that in expanding these frontiers, his administration would ensure that the Branches were fully carried along and their concerns addressed and resolved.
5.) The President reminded NEC that his administration set up a 2019 NBA Elections’ Monitoring Committee which acquitted the Association very well in monitoring those elections and publishing objective, fact-based reports thereon. He noted that the Osun State Governorship elections provided the Association with a test-run in the monitoring of the 2019 elections and the Association did not lower nor deviate from the high standards that were set by the monitors in that election. The President thanked all members countrywide
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who volunteered for the monitoring exercise and duly sent their reports including photographic images to the NBA EWG for compilation of its reports. He pointed out that for the Governorship Elections that were held on 09 March 2019, the Branches did not receive a dime from the National body and yet members joyfully and enthusiastically volunteered and creditably carried out their monitoring functions and sent reports to the National Committee, the end result of which is the final Monitoring Committee Report that would be presented to NEC at this meeting. He thanked the Branches for this.
6.) Welfare of Members: The President maintained that he was aware that members had for some time now been clamouring for the resuscitation of the life insurance cover that used to be in place for members, but which unfortunately was not renewed and was therefore not operative in the last couple of years. He informed the meeting that his administration has hearkened to the calls of her members and, apart from having discussions with ‘Leadway Assurance Plc’, the company that originally provided members with the insurance cover that became defunct, his executive have also held talks with ‘WAPIC Insurance Plc’, another reputable insurance company. The President maintained that the desire to hold talks with another insurance company was borne out of the recognition that competition always brings out the best results and gains and he was sure this scenario will play out if the NBA uses both insurance companies to the advantage of members. He stated that both organizations had made presentations to the executive on insurance covers that extend beyond life and include medical expenses, temporary and permanent disabilities and critical illness benefits. He stated that their proposals were uploaded and placed before NEC for final consideration and approval and maintained that as soon as approval is obtained, his administration would work to reinstitute this welfare package for the benefit of our members.
7.) The setting up of the ‘Technical Committee for Conference Planning’ (“TCCP”) in good time sequel to the anticipatory approval of NEC such that they have begunto plan for the Annual General Conference quite early. The President stated that he would in the course of the meeting, present the membership list of the TCCP to members. He added that one of the innovations introduced in the constitution of this year’s TCCP is that three (3) Chairmen from each of the NBA Zones were appointed as members of the Committee and representatives of their respective zones. This is necessary as the Chairmen directly feel the pulse of their members in the Branches and those that have been appointed as members of the TCCP would better appreciate the thought-process that goes into the planning and organization of the AGC, apart from bringing in fresh and vibrant perspectives into the Committee’s work schedule. The President assured that he was confident that this year’s TCCP will deliver on the promise of a world-class AGC that would be within the economic reach of members. He noted that the Committee would be presenting their first report to NEC shortly.
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8.) Promotion of the Rule of Law: The President stated that the NBA, under his
administration has stood on the side and in defense of the rule of law, the independence of the judiciary and the principles of separation of powers between the three arms of government. The President pointed out that this was epitomized in the single, recent, most dominant and talked-about issue in our professional life this year to wit: issues and matters concerning the unlawful suspension of Chief Justice of Nigeria, Honorable Mr. Walter S. N. Onnoghen, GCON (“Onnoghen CJN”) where the NBA defended the rule of law in all her publications and positions taken. The President noted that the Onnoghen, CJN incident reminds us of how dangerously insecure the tenure of judicial officers is, and how susceptible to attack the independence of the judiciary is. These principles, he reiterated, have no political, tribal or religious colorations and the positions of the NBA were impervious and blind to these divisive and inhibiting considerations.
The President commended all of the Association’s members who stood up to be counted in the struggle for the promotion and protection of the rule of law vis-à-vis the Onnoghen CJN saga. He hoped that the Executive arm of the Federal Government of Nigeria would see reason not only to terminate the on-going ugly and self-immolating spectacle at the Code of Conduct Tribunal but also find a way to resolve all the surrounding issues relating to Onnoghen CJN in a way and manner that would retrieve for all and in our collective interest what may be left of the shredded and tattered dignity of our justice sector. He maintained that the NBA remains unrelenting in its campaign in this regard.
7.2 Focus in the Coming Months
Upon recounting the achievements of his administration in the preceding months, the President proceeded to inform NEC of the focus of his administration in the coming months. He highlighted some of the significant issues and activities that he will engage in and which will occupy the time and efforts of his administration in the coming months before the next NEC meeting to include: 1.) Constitution and Electoral Review: NEC having graciously granted the
President an anticipatory approval for the composition of the Constitution and Electoral Review Committee, the President stated that he would be publishing the composition of the Committee in the next couple of days with matching orders for them to consult with members and Branches and come up with a reviewed Constitution and Electoral process for the Association. The President assured that similar to the composition of the TCCP, his administration would ensure that representative Chairmen are appointed to this Committee from the Branches. The Committee would have a timeline that would ensure the presentation of the amended Constitution at the Annual General Meeting that would be held during the AGC in August 2019.
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2.) Alternative Sources of Funds: The President maintained that given the Association’s debt overhang as shown in her Financial Statement, it is imperative that they be alternative sources of funds. In this regard, he stated that his administration would be working quite hard in the coming months to find those alternative sources including raising funds from her patrons and members. He promised to update NEC with all efforts in this regard.
3.) Clean Data Capture: NEC was informed that the current administration hadalready started working on the verification of the Association’s membership data as a prelude to creating a clean database of her members which would be used for all purposes including but not at all limited to the NBA elections. The President reminded NEC that this was one of the significant campaign promises made and he hoped that this project would have been largely done with by or before the AGC in August 2019.
4.) Young Lawyers: The President stated that in the coming days and months, the Council of the Young Lawyers Forum (YLF) would be constituted, having been granted anticipatory approval during the 06 December 2018 meeting. He pointed out that happily, the NBA has great champions of young lawyers amongst the National Officers, one of the leading ones being Akorede Habeeb Lawal, the Assistant Publicity Secretary whom he described as one of the most young-lawyers-centric members of his Team and who bubbles with several ideas and thoughts concerning young lawyers which he had shared with him and which he plans to implement in the coming months.
5.) Rule of Law: The President pledged that his administration would continue to promote and protect the Rule of Law as its lead motif. He noted that the rule of law permeates the entirety of our professional lives and is not dated howsoever; it is a principle and fight that is immutable and alive at all times and demands eternal vigilance. He pledged to continue to live up to his administration’s commitment in this regard. He added that in the coming months, his administration would beam even more searchlight into the crevices of our national life where the Rule of Law and its twin principle, the Fundamental Rights of our people, may be under assault and in bondage and would continue to speak out in defense of these principles and will equally commend the authorities when such commendations are deserved.
FRN v Usoro The President then informed members that he cannot conclude his address without updating NEC members on his prosecution by the EFCC on allegations of money laundering in the case of FRN v Usoro. He reminded the meeting that he had presented the facts of the charge to them during the 06 December 2018 NEC meeting and those facts have not changed howsoever. He went on to inform the meeting that the Proof of Evidence which was subsequently served on him does not contain any fact that contradicts the position that he had presented to NEC to wit: that he is being prosecuted for:-
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(a) Professional fees totaling N1.1bn that were legitimately earned and paid to Paul Usoro & Co (“PUC”) by Akwa Ibom State Government (“AKSG”) between 2015 and 2016; and (b) Professional fees totaling N300m that were paid to PUC by Governor Udom Emmanuel of Akwa Ibom State for the benefit of our colleagues who provided professional services to the Governor. The President stated that the PUC Bank Statement of Account that forms part of the Proof of Evidence clearly shows that the N300m was duly paid to those colleagues of ours who rendered those services to the Governor. He maintained that the N1.1bn was not and is not the property of AKSG and nobody, apart from the EFCC, has claimed otherwise; he also added that the N300m to the best of his knowledge was not paid from the coffers of AKSG and no one apart from the EFCC has so claimed. He informed members that as the trial unfolds, he will keep them duly informed. He thanked all members for the overwhelming support and solidarity that he and his family have enjoyed and received from across the nation; especially for seeing this persecution for what it is: a struggle for the soul of our profession and means of livelihood and not just the persecution of Paul. He also thanked his team of lawyers, led by past President, Chief Wole Olanipekun, SAN for all their work on his behalf and expressed confidence that all collective efforts would be rewarded and truth will ultimately out and we will all be vindicated. The President went on to add that his current persecution is not isolated. He pointed out that the legal profession, is under siege. For the very first time, both in the country’s history and in the history of the Association, the NBA Elections of 2018 has been the subject of purported investigation by the EFCC. He stated that he does not believe that such an investigation is within the purview of the EFCC, seeing as there was no financial or economic crime that was alleged. He also added that he is not aware that the EFCC has taken as much interest in the activities of other professionals and their associations as it has taken in the legal profession and the NBA, particularly in recent years. He therefore concluded that the legal profession and indeed the justice sector, is under siege as even the Independent Corrupt Practice Commission (“ICPC”) has taken to inviting past Presidents and General Secretaries for questioning over the contract award for the construction of our National Secretariat. He however added that these agencies do not act alone; they act in close collaboration with some members of the NBA pointing out that the petition that triggered the purported EFCC investigation into the NBA 2018 Elections, for example, was written by one of her members. He sadly noted that members of the NBA have taken to reporting themselves to the EFCC even in internal matters of the Association which could be resolved internally; he advised that such persons need to rethink their ways and reassess all circumstances in this regard, in the collective interest, for the collective good and for the good of the legal profession and the Association.
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In conclusion, the President thanked the President of the National Industrial Court, Honorable Justice B. A. Adejumo, for graciously sponsoring the cocktail that was held for NEC members on Wednesday, 27 March 2019. He also thanked the Chief Judge of the Federal Capital Territory, Honorable Justice Ishaq Bello, who was kind enough to provide the NBA with the venue for the cocktail. Further thanks went to the Secretary to the Government of the Federation, Mr. Boss Mustapha, for partially sponsoring the evening’s dinner event for members and to Access Bank Plc who also made a donation for the hosting of this NEC meeting. The President again thanked all NEC members, for their support and consistent encouragement. He wished all fruitful deliberations at the meeting and a safe journey back to their various Branches. A motion was moved for the adoption of the President’s speech.
SECRETARIAT REPORT
The General Secretary began his report by thanking all for their show of concern
at the passing of his mother. He went on to welcome all members of NEC to the
meeting.
He informed the house that a comprehensive Secretariat report had been
prepared since the last NEC meeting until now and the report is in two parts:
Part A on Pages 6 – 18 focuses on reports from the National Secretariat
Part B on Pages 19 – 52 focuses on reports from members of staff of the
National Secretariat.
He urged members to go through the report.
Mallam Yusuf Ali SAN moved for adoption of the Secretariat Report to open
same for discussion. The said motion was seconded by the NEC Rep, Warri
Branch.
7.3 Organogram of the Secretariat
Arising from the Secretariat Report, the President informed the house that the
organogram of the Secretariat has been restructured and a new organogram has
been drawn. In the new organogram, the position of an internal auditor has been
created whose responsibility will include auditing the flow of petty cash in the
secretariat by staff.
Furthermore, he informed the meeting that a Department of Corporate Registry
had also been created to keep the records of the Association and their minutes
so that subsequent administrations can make reference to these documents
when the need arises; another Department was also constituted to document,
monitor and follow up bills in the National Assembly.
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The President informed NEC that an HR firm was engaged to draw up the new
organogram for the Secretariat and if NEC approves the new organogram, they
will work to ensure that the right persons fill these positions in the organogram.
NEC was informed that the HR firm agreed on a fee of N5, 000, 000 .00 (Five
Million Naira) for the assignment and the President prayed NEC to approve the
new organogram as well as the N5,000,000.00 fee for the HR Firm’s work.
NimiWalson-Jack, past General Secretary questioned the necessity for engaging
another HR Firm for the NBA Secretariat restructuring assignment when we had
the KPMG Report which was yet to be implemented. He also raised concerns
about the cost-efficiency of the proposed organogram, when implemented. He
further observed that in the new organogram there is no unit or department
charged with the responsibility for educating the public on the law.
In response, the President apologized for not consulting first with NEC before
engaging the HR Firm for the restructuring assignment. He explained that time
was of the essence and as NEC held meetings once in three months, he needed
to set things in motion. On the price, he explained that he had approached PwC
but their quotation, compared with the Firm that was hired, was rather prohibitive
apart from the fact that the scope of work which the HR Firm was providing was
larger than what PwC offered. In other words, NBA was having more for less
from the HR Firm. The President further pointed out that the KPMG Report did
not howsoever address the operating organogram of the NBA Secretariat. He
however agreed with Nimi Walson-Jack that it was imperative that a unit should
be created to communicate with members and the public on the rule of law and
other pertinent issues of law. He assured the house that the social media team
would take up that task.
Mr. Razak Isenalumhe appreciated the effort of the President and his team in
running the affairs of the Association. He moved for the adoption of the proposed
organogram and further moved that the N5,000,000.00 that was agreed with the
HR Firm for the assignment be approved. The motions were unanimously
adopted by the house.
Ozioma Izuora, NEC Rep, Abuja Branch suggested that as the new innovative
Organogram was just reaching the house, a Committee be set up to review the
innovations before we proceed. Mr. President pointed out that Committees
require funding and he is very reluctant to set up any such Committee given the
parlous state of the Association’s purse more so as his administration is trying to
cut down costs.
The Chairman Nnewi Branch, Ugwuanyi Paschal Chukwuemeka asked to know
how and what Mr. President is doing to see that the good innovations his
administration is setting up will be continued by subsequent administrations. Mr.
President answered by assuring the house that a constitutional review is under
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way to perpetuate some of these innovations; he also advised that people with
same views should be sought and elected into office.
8.0 REPORTS FROM NATIONAL OFFICERS
8.1 1ST VICE PRESIDENT
In presenting his report, the 1st Vice President stated that his report is contained
at page 7 of the Secretariat Report. He enjoined the house to adopt same.
The Chairman, Asaba branch moved for the adoption of the Vice President’s
report and same was seconded by the NEC Rep of Orlu branch.
2ND VICE PRESIDENT
The 2nd Vice President stated that her report is contained on pages 8-10 of the
Secretariat Report. She gave a report of Bar activities in the Western Branches
and talked about her investigations of crisis in some branches of the Western
zone.
Ikorodu Branch
On the crisis in Ikorodu Branch, she reported that the crisis was still ongoing but
was receiving attention from the President. The main issue was that the Branch
Chairman, BayoAkinlade, conducted bye-elections for the office of Vice
Chairman of the Branch on Friday, March 15, 2019 without due supervision of
the national Secretariat, inspite of her advise against it as 2nd VP and inspite of a
clear directive from the President of the NBA through the General Secretary
dated 13th March, 2019, directing him to suspend the elections until a petition
against the conduct of the election written by one Ezekiel Ogbaide is addressed.
She further added that from the actions of the said Bayo Akinlade, he has gross
disrespect and disregard for the Bar which have been expressed in several ways
including a public declaration by the said Mr. Akinlade in February, 2018 after the
emergency NEC Meeting suggesting that his Branch were not bound by the
national Bar’s decisions and further asking his Branch members not to join in the
court boycott as instructed by NEC. She pointed out that his direct affront to the
instructions of the NBA President conveyed via the General Secretary to halt the
purported bye-election was an example of his disrespect and disregard for the
Bar.
She therefore made the following recommendations:
1. That the Ikorodu Branch cannot exist independently of the National Bar as
claimed by the Chairman. The Branch is not autonomous and Mr.
BayoAkinlade is not an island unto himself.
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2. That the purported election for Vice Chairman of Ikorodu Branch should be
declared a nullity. She also recommended that no newly elected officer of
Ikorodu Branch should be recognized.
3. That the Chairman, Mr. Bayo Akinlade, should be made to answer to the
Secretariat and be subjected to the NBA internal proceedings on discipline
including other measures that the President and NEC may deem fit.
Warri Branch
On the crisis in Warri branch, the 2nd Vice President reported that following the
report submitted to NEC in the 1st quarterly report and the petition received from
Oghenero Okoro, Esq, the President of the NBA in his wisdom, decided to
personally handle the matter due to its sensitive nature.
Ikeja Branch
On the Ikeja Branch crisis, the 2nd Vice President reported that a past branch
Chairman of the Branch, Mr. Adesina Ogunlana had been in EFCC custody for a
period of 5 days prior to the announcement on social media. She informed NEC
that she had spoken to Mr. Ogunlana and he had given her an oral summary of
his travails at the EFCC. She also informed the meeting in her report that another
past Branch Chairman, Mr. Yinka Farounbi, had as a result of a petition written
by some members of the Branch, been arrested during the Branch meeting and
detained in EFCC custody. She further informed the meeting that the wife of the
Branch Chairman was also arrested and arraigned in court alongside her
husband for assaulting a female EFCC officer.
She stated that the present Branch Chairman, Dele Oloke has impressed upon
her office that the petitions which gave rise to the arrests preceded the current
Branch administration and were beyond the scope of his intervention. The 2nd
Vice President wondered why the Branch did not go through the complaint
procedures set up by the NBA. She noted that the Branch Chairman offered
some explanations through his report dated 6thMarch, 2019 and same has been
forwarded to the Secretariat for necessary action. She added that she had
communicated with members of the Branch in a bid to resolve the matter and the
NBA President is currently making contact with key stake holders and elders of
the branch on the best way to resolve the issue as the EFCC investigation is still
ongoing.
Benin Branch
The 2nd Vice President reported that the NBA was informed of the kidnap of HRH
Godwin Aigbe, the Enogie of Ukiri by the Branch’ Publicity Secretary, Mr.
Douglas Ogbankwa, Esq. She stated that the President of the NBA has been
informed of the unfortunate incident and she had contacted the Branch
22 | P a g e
Chairman. She prayed and hoped that HRH Godwin Aigbe, would be released
soon.
Mr. Napoleon Idenala, the NEC Rep of Barnawa branch moved to adopt the
report of the 2nd Vice President and same was seconded by Mr. S. Y. Wurma,
Secretary Katsina branch.
Reactions to the 2nd Vice President’s Report
On the issue of Ikorodu branch, Chikodi Gideon S. Elendu, Esq, Secretary,
Omoku Branch suggested and moved that the Chairman of Ikorodu Branch, Mr.
BayoAkinlade, Esq, be suspended and sent to the NBA disciplinary Committee
for disciplinary actions. His suggestion was seconded by Mr. Sylvester Adaka,
Esq, Chairman, Port Harcourt Branch.
Upon being notified that Mr. Bayo Akinlade was present at the meeting, the NBA
Presidentinvited him to speak for himself. Hon. Obafemi Adewale, Past General
Secretary however raised a point of order and stated that Mr. Akinlade was
present while the debate on his conduct was raging and made no attempt to
contribute howsoever and that, having now been suspended, he and cannot be
given such privilege to address NEC. He said that he could explain himself, if at
all, to the disciplinary Committee. NEC unanimously agreed with that point of
order.
Mr. Bayo Akinlade having been suspended, he was excused from the meeting
halland escorted out of the meeting hall.
Past President Augustine Alegeh, SAN asked what should happen to the seat of
the Chairman of Ikorodu Branch upon Mr. Bayo Akinlade’s suspension. It was
agreed that Mr. Ezekiel Ogbaide, the recognized Vice Chairman was directed to
take over as Chairman of Ikorodu branch. It was also resolved that the unlawfully
elected Vice Chairman Mrs. Gloria Cassius should not parade herself as Vice
Chairman of Ikorodu Branch.
The Ikorodu issue having been exhaustively handled, members proceeded to
discuss other pressing matters.
N. A. Garuba, co-opted NEC member from Auchi Branch expressed concern
about a trending issue in the NBA wherein members no longer follow the
internally accepted procedures for complaints before writing petitions against
their colleagues all in a bid to tarnish their image and rubbish their name. He
maintained that such persons should be dealt with or penalized.
Past General Secretary, Nimi Wilson-Jack spoke on the Ikeja Branch issue. He
noted that before NEC proceeds with getting members out of EFCC custody, the
Association needs to first tender an apology to the EFCC for the assault on her
staff. However, Past President O. C. J. Okocha, SAN countered that suggestion
and frowned at the scenario where the EFCC came to arrest the past Chairman
23 | P a g e
and did not have the decency to wait for him outside the meeting venue for him
to finish his meeting. He pointed out that if that kind of attitude is not checked,
some day security agents may barge into the NBA auditorium while a meeting is
ongoing to arrest someone without courtesy or regard for the meeting.
9.0 FINANCIAL REPORTS & RELATED/ANCILLARY MATTERS
9.1 Treasurer’s report
The Treasurer presented her report pointing out that the said report is
contained at pages 11 – 13 of the Secretariat report. She gave the house a
breakdown of accounts, stating that the statement of activities of the 1st
quarter showed a deficit of N366,445,804 arising from a total income of N544,
574, 308, less a total expenditure of N910, 420, 112 and N500, 000 Finance
cost.
She however noted that the statement of the Association as at the last quarter
shows a remarkable surplus of N76, 711, 195 arising from a total income of
N189, 135, 389, less a total expenditure of N110, 924, 194 and N1, 500, 000
.00 Finance cost.
For the quarter ended, 31st January, 2019, (Q2), the Association’s bank
balances are N163, 128, 100 majority of which are special funds for specific
projects in restricted accounts like the MacArthur Foundation account, the
Stamp and Seal Account, the NEC Account, the Bar Practicing Fee Account,
Human Rights Institute Account etc.
She assured all that the current administration is committed to financial
prudence, transparency and accountability in order to ensure that the NBA
becomes financially viable as it used to be. To this end, there will be a
continuous cut down on costs.
The Chairman, Abeokuta Branch, Olu-Alade Emmanuel, moved for the
adoption of the Treasurer’s report to be discussed. His motion was seconded
by the Chairman, Sagbama Branch, Dise Sheila Ogbise.
The President explained further and clarified other issues in the Treasurer’s
report.
9.2 Financial Secretary’s report
The Financial Secretary informed the meeting that his report is contained at
pages 14 and 15 of the Secretariat Report.
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He informed the house that in line with the constitutional mandate of the office
of the Financial Secretary in Section 8(5)(j)(i-iv) of the NBA Constitution, 2015
he and his assistant are in constant touch with the branches through their
Financial Secretaries to ensure that members pay their BPF. He informed the
meeting that an interface had been created with the Financial Secretaries
where information is shared. He further stated that his office had made
several publications on various platforms reminding and urging members to
pay their BPF as and when due and he maintained that he was sure that this
encouraged members to pay their BPF timeously.
He intimated the house that the current administration has made the payment
of dues easy and stress-free with the creation of its online payment platform
and encouraged members to take advantage of the initiative. On the issue of
compilation and circulation of the list of members who have paid or are in
default in respect of their practicing fees, he stated that his office had begun a
compilation of the list of members who have paid the BPF and would
conclude and circulate same in the various Courts and other statutory bodies
after March 31st, 2019.
Furthermore, the Financial Secretary informed members of the introduction of
the petty cash book policy created to account for inflow and outflow of funds
from the Secretariat account. He called for members to move a motion for the
adoption of the newly introduced petty cash policy for the Secretariat.
Mr. Newman Richards moved for the adoption of the Financial Secretary’s
report for discussions and same was seconded by K. I. Onwusi, Secretary,
Enugu branch.
Mr. NsikakIkpeme, Secretary Calabar Branch moved the motion for the
adoption of the newly introduced petty cash policy for the Secretariat and
same was seconded by F. N. Otuokere, NEC Rep, Owerri branch.
The Chairman, Markurdi Branch, Job KalbuIshembar, Esq, moved for the
adoption of the Financial statement as presented by the Financial Secretary
and same was seconded by secretary of Ondo Branch, Thompson Akinyemi.
9.3 Publicity Secretary’s Report
Illegal Printing of Stamps:The Publicity Secretary, Mr. Kunle Edun raised an
alarming issue of concern that some persons have been producing the NBA
stamps and were receiving patronage from lawyers. He advised such lawyers
to desist from patronizing such illegality because when these culprits are
apprehended, they too will be victims.
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The meeting broke for lunch at about 2:26pm and the president asked that we
reconvene at 3:30pm. The meeting resumed at about 3:52pm.
9.4 Welfare Secretary’s Report
The Welfare Secretary, Joshua Enemali Usman presented his report as
contained in pages 16 – 18 of the Secretariat Report.
He tendered a proposal to the house for the revival of Lawyers insurance
policy. He stated that his plan to revive the policy was mandated by the
President and he has reached out to Leadway Insurance company, the
Association’s Insurance Company and discovered that over 30 death benefits
of lawyers cannot be accessed due to the fact that the NBA had not been
faithful with its payment of Lawyers insurance premium with the existing
Insurance Company. He informed NEC that he had further informed
Leadway Insurance Plc of the need to have a medical expenses policy for
members since the ‘Critical Illness’ policy was not comprehensive enough,
however, ‘Leadway Insurance Plc’ was yet to get back to him.
In order for the Association to have a more comprehensive cover, the Welfare
Secretary stated that he had also commenced talks with a new Insurance
company, WAPIC Insurance company, and the company had made a
proposal which he is presenting before NEC.
In closing, the Welfare secretary apologized for the lapses of his office in
sorting out hotel accommodation for NEC members upon their arrival; he
promised that such failings will not re-occur in future.
Sule Shuaibu, Esq, Chairman, Kaduna Branch moved for adoption of the Welfare Secretary’s report for discussion and same was seconded by the Alhassan Mu’azu, Secretary, Gombe Branch. In reacting to the Welfare Secretary’s report, Past President Augustine
Alegeh, SAN, suggested that while it was good to have discussions with a
new Insurance Company, the Association should still keep Leadway
Insurance as they served the Association well and provided cover for what
was requested and moreso, it was the Association that failed to pay its
premium and not the Insurance Company who defaulted in any way.
After discussions and clarifications by the President, NEC gave its approval
for the Welfare Secretary to proceed with negotiations with the 2 Insurance
companies and finalize with the best deal.
10.0 REPORTS FROM COMMITTEES
10.1 Report of the Legal Practitioners Disciplinary Committee (LPDC)
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The report of the LPDC was given by Mr. Charles Ajuyah, SAN. He stated
that the report covered the period from December 2018 to March 2019.
During this period 10 petitions were withdrawn and dismissed.
He stated that the LPDC sat 7 times within the last quarter (January to
March), at the Court of Appeal Complex and still had 27 complains pending.
NEC was further informed that in this time frame, the LPDC had received 2
applications for names to be readmitted on the roll from Olawale Ojugie
Daniel and Kingsley Audu. These applications were granted, the applicants
having informed the LPDC that they had served their sentences and are now
of good behavior.
The learned silk formally informed NEC of some significant developments that had occurred which affected the sitting of the committee. He stated that there had been 2 recent judgments of the Supreme Court in 2 matters: 1.) The 1st judgment declared that the NBA is not a juristic person and as such
cannot sue and be sued. This affects the right to present charges against lawyers at the LPDC as charges are drafted with the NBA as the complainant.
2.) The 2nd judgment is to the effect that the primary complainant must be present at trials to prove the allegations. This affects the NBA as its proceedings has dispensed with the need for the presence of the primary complainant during NBA disciplinary proceedings at the LPDC.
He stated that these raise very serious concerns for the Association thus the prosecuting team has met and will still meet to figure the best way out. The Body of Benchers is also looking into the matter and by the next meeting, he hoped that a solution would have been reached. He informed NEC that for this reason, the LPDC’s March meeting has been suspended.
The Secretary, Nsukka Branch moved for the report to be discussed. He
was seconded by Sani Abubakar, Secretary, Sokoto branch.
The NBA President agreed that these decisions raise serious concerns. He
called on all members to study the said judgments critically with a view to
finding a solution to the challenges that have emerged as a result of the
Supreme Court judgments.
The Chairman of Asaba branch pointed out that that when there is a decision
taken against any member by the LPDC, his/her branch should be formally
informed about such a decision so that such a person will not surreptitiously
continue to practice, and his branch being none the wiser. Charles Ajuyah,
SAN agreed that going forward, that will be done.
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10.2 Report of the Section on Business Law (SBL)
The report of the Section on Business Law (SBL) was presented by the
Chairman of the SBL Council, Seni Adio. He pointed out that the report is
contained in pages 107-112 of the NEC bundle.
He stated that activities carried out by SBL since December 2018 include:
training of lawyers on ‘Boosting Law Office Productivity using Microsoft office
applications’ (13-14 Dec., 2018); Insurance and Pension Members’ Forum
2019); NBA-SBL Mentorship programmes; the establishment of the NBA SBL
Centre for Commercial Studies (CCLS)l; the SBL Unilag Club excursion
(March 21, 2019); Arbitration ADR Seminar (25th March,2019); a three day
training program for young lawyers in the area of banking and finance;
another program in Enugu for the capital market; a similar one held in Warri
too amongst other activities.
He also stated that the NBA-SBL in collaboration with the UK Legal Services
trade Mission to Nigeria will be organizing a seminar on the 3rd of April, 2019
at the Balmoral Hall, Federal Palace Hotel, Victoria Island, Lagos.
The meeting was also informed that the notice of the Annual Business Law
Conference scheduled to come up on the 26th of June, 2019 in Lagos has
been announced. These and more are contained in the SBL report in the
NEC Bundle.
Adaka Sylvester, Esq, Chairman, Port Harcourt Branch moved to adopt the
SBL report and same was seconded by Ogaga, Esq of Benin Branch.
10.3 Report of the NBA Ad-Hoc Election Monitoring Group (NBA-EWG)
The report of the NBA Ad-hoc Election Monitoring Group was presented by the Chairman of the Committee, Mazi Afam Osigwe, Past General Secretary. He stated that the Committee report is contained in pages 62 to 71 of the NEC bundle. He explained that the committee is made up of 22 members. He noted that there was high turn out on the first day of the elections but the turn out reduced on subsequent elections.
Chidi B. Nnaji, Secretary, Idemili Branch, moved the motion for the adoption of the report for discussion and same was seconded by Ada Shehu Oche, Secretary, Otukpo Branch.
28 | P a g e
The Committee was highly commended for presenting a very factual and fair
report. It was declared that the report is one of the best reports received as it
is detailed, with facts and evidence to back them. The meeting noted that the
report was one the NBA is proud of. The Committee was encouraged to
continue the good work. The President declared that the report will be
released/published to the public.
10.4 Report of the Technical Committee on Conference Planning (TCCP)
The Chairman of Lagos Branch, Chuka Ikwuazom, a member of the TCCP,
presented the report on behalf of the TCCP Chairman who could not attend
NEC meeting due to circumstances beyond his control. He sent his apologies.
Mr. Ikwuazom stated that the report of the TCCP was in pages 73 - 106 of the
NEC Bundle; he however pointed out the highlights of the report.
He explained that the TCCP as part of a new innovation, had created four (4)
sub committees under it which include:
− Finance and fund raising committee
− Technical sub committee
− Content sub-committee and
− Local Organising Committee.
He explained that the inclusion of the LOC as one of the sub-committees
under the TCCP was deliberate as the Committee seeks to prevent the
conflict which existed between the TCCP and the LOC at previous
Conferences.
He further stated that the 2019 NBA-AGC with the theme: “Facing a future of
Law”, is proposed to hold from Friday the 23rd day of August, 2019 to
Thursday 29th August, 2019 in Lagos at the Eko Hotel Convention Centre;
other close proximity venues will be used for the breakout sessions. He
informed NEC that the venues are all available for the days required but no
payment has been made to secure the venues.
He added that the TCCP has chosen to deviate from the tradition of holding
the opening ceremony on Sunday and has opted to hold same on Monday.
For the keynote Speaker, he informed NEC that 4 persons were being
considered:
i.) H. E. Paul Kagame, President of Rwanda
ii.) H. E. Cyril Ramaphosa, President of the Republic of South Africa
iii.) Richard Susskind, (Author, Speaker and Adviser to multinational firms
and Governments. He is widely regarded as an authority in the field of
legal technology).
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iv.) H.E. Nana Akufo Ado, President of Ghana.
He assured that these candidates are being considered for their
accomplishments (personal or on a national level) especially in relation to the
theme being proposed for the Conference. He noted that the candidates being
considered may increase as the Content sub-committee’s work progresses.
He stated that it is also the intention of the TCCP to invite the President
and/or the Vice President of the Federal Republic of Nigeria to speak at the
conference, subject to the final programming agenda.
On Conference fees, Mr. Ikwuazom stated that while the TCCP was
conscious of the President’s mandate of a finance friendly Conference, the
Committee was conscious of the economic realities of the present times and
as such proposes that the NBA return to the rates for last year as follows:
