The 32nd President of the Nigerian Bar Association (NBA), Mazi Afam Osigwe, SAN, said that the NBA, as the watchdog of society, shall set up a Local Governments Monitoring Committee to monitor and ensure strict compliance with the recent judgment of the Supreme Court of Nigeria granting financial independence and autonomy to the 774 local governments in Nigeria.
Osigwe, who disclosed this in his inaugural speech after being sworn in as the 32nd President of the umbrella body of lawyers in the country at the 2024 Annual General Conference of the NBA held in Lagos, said this will enhance good governance, deepen constitutional democracy, and promote the rule of law in the country.
He said that the NBA, with branches spread across the 36 states of the Federation and the FCT, is best positioned to monitor the 774 local government councils in Nigeria, with respect to not only their full compliance with the judgment of the Supreme Court but also with their delivery of dividends of democracy to the people at the grassroots level all over the country.
In furtherance of these goals, he appealed to all the branches of the NBA nationwide to set up similar committees at the branch level. The committee shall comprise Adebayo Mutalubi Ojo, SAN (Chairman) and Augustine Nwabueze Eseagu (Secretary).
He also noted that the incessant harassment of lawyers by law enforcement agents in the course of rendering services to their clients bodes ill for society.
“This appears to be part of a series of acts designed to harass and intimidate lawyers in the lawful performance of their duties to their clients. This has indeed become a major threat to the legal profession and the administration of justice system.
“Legal practitioners must be able to represent their clients without any form of intimidation by law enforcement agents,” he said, adding that the incessant harassment of lawyers by law enforcement agents is an affront to the due process of law and a serious injury to democracy and the rule of law.
The legal profession, he said, is fundamental to the administration of justice, and lawyers should be able to perform their duties without fear of intimidation or harassment. He announced that the NBA shall establish the NBA Litigation Committee, charged with the responsibility of instituting actions in respect of alleged human rights violations of lawyers as well as other matters of public interest to the legal profession.
This committee will also work with the Human Rights Committees of NBA branches to render pro bono services to deserving members of the public and to take requisite legal actions where lawyers have been assaulted, harassed, or prevented from carrying out their lawful duties.
According to him, legal practitioners occupy a unique position in society, one that enables them to effect positive changes and uphold the principles of justice, equity, and fairness. They must ensure that the law serves all Nigerians, irrespective of their background, status, or affiliation.
While assuring that his administration will ensure that all members of the NBA adhere to the Rules of Professional Conduct for Legal Practitioners, he said any breach of professional ethics will be met with appropriate disciplinary measures, as maintaining the integrity and credibility of the legal profession is crucial.
“We must lead by example, demonstrating to society that the legal profession is one of honor, responsibility, and unwavering commitment to justice. We shall therefore establish a committee to liaise with the Body of Benchers and the Chief Justice of Nigeria to advocate for the amendment of the Legal Practitioners Disciplinary Committee Rules, 2020, to fully restore the role and powers of the NBA in the investigation of complaints of professional misconduct against legal practitioners as well as the prosecution of matters before the LPDC.”
The new NBA president said that the recent loss of public confidence in the legal profession, especially the judiciary, is one of the present challenges facing the legal profession in Nigeria and stressed the need to urgently align jurisprudence to the realities of the Nigerian state and the commitment to democratic and accountable governance. He added that the judiciary is a powerful institution in the preservation of democracy and facilitation of development.
He said that the jurisprudence expressed in the judgments of courts, especially the appellate courts, is a major determinant of the effectiveness of the judicial construction of democracy and societal development, and added that the overriding challenge of the judiciary today is to restore its dignity as in the past in order to become the trusted champion of democracy and development in Nigeria.
“In order to achieve that goal, our appellate courts must return to delivering judgments that provide policy directions for other courts in the country, ensuring adherence to the hallowed doctrines of judicial precedence and stare decisis.
“In order to support our courts and the profession towards achieving the above objective, we hereby set up the Adjudicature Review Committee (ARC) of the NBA. The committee will periodically review decisions from the appellate courts, especially the Supreme Court, and present well-researched commentaries on such cases that nudge the courts towards a more coherent and consistent adjudication that promotes the rule of law and democratic freedoms.”
The work of the committee is to serve as a guide to the legal profession with high-quality advisories on how to upgrade judicial decisions to align with the dynamics of economic, social, and political developments, and to provide strategic inputs to the NBA’s advocacy for the reform of the legal profession.
The Adjudicature Review Committee (ARC) will publish quarterly reports that will review one or more high-impact decisions of the Supreme Court or the Court of Appeal and propose strategic insights that will guide further developments or refinements of the major themes of economic, social, and political development.
The committee will produce, quarterly, a Judicial Reform Report that outlines various interventions by the leadership of the Bar to drive the reform of the legal profession in order to position it as the champion of democracy and good governance in Nigeria.
The reports will review the legal profession for the preceding six months or past years and propose actions to strengthen the practice of the profession to advance the rule of law and democracy. The committee will consist of Dr. Sam Amadi (Chairman), Victoria Banke-Olagbegi (Secretary), and Jibrin Samuel Okutepa, SAN (Alternate Chair).
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Taking cognizance of the need to push for reforms in the judicial sector, he said the NBA, under his watch, shall establish a committee to not only spearhead the NBA’s advocacy for justice sector reforms but also advocate for appropriate investments in modernizing court infrastructure, including the construction and renovation of selected court facilities to provide conducive environments for the speedy dispensation of justice.
The committee, he said, will also propose amendments to existing legislation and court rules for effective justice delivery; judicial reforms in the areas of case management and scheduling with time slots, notification to lawyers of adjournments, enforcement of the use of the NBA Legal Mail address in the filing of all processes, and customized email addresses for all court registries to strengthen the e-filing regime being introduced in various courts; support continuous education and training programs for judges, lawyers, and court staff to keep them abreast of evolving legal developments, including the deployment of technology and global best practices in the field of law; and collaborate with academic and research institutions as well as professional organizations to develop specialized training modules on judicial ethics, case management, and legal research skills.
The membership of the committee, he disclosed, will comprise Joy Ezeilo, SAN (Chair), Sunusi Musa, SAN (Alternate Chair), and Terfa Raphael Agbanyi (Secretary).
