‘I Will Run an All-Inclusive NBA Dedicated to Members’ Interest’
June 21, 2016
This
year’s elections into the national offices of the Nigerian Bar
Association is not only a first of its kind in the history of the
Association. Lawyers for the first time will vote electronically from
any part of the world. The election also promises to be different in
many aspects. As Mr. A.B. Mahmoud SAN and Chief J.K Gadzama SAN, two
legal titans crisscross the country canvassing the votes of Nigerian
lawyers, May Agbamuche Mbu, Jude Igbanoi and Tobi Soniyi asked each of
them what they have to offer the Association and its over 80,000 members
in their two year tenure.
Nigerian lawyers are now faced with the
difficult task of deciding who will lead the Nigerian Bar Association
for the next two years. You are in the race with an equally formidable
contender. What are your plans for Nigerian lawyers if you become NBA
President?
I envisage an effective, efficient and
purposeful NBA committed to the protection and promotion of the rule of
law and maintenance of the best traditions of the Bar.
My mission in this race is to serve with
integrity and run an inclusive NBA dedicated to the advancement of the
interests of its members and protection of societal norms and values. I
have also developed a number of welfare support programmes for members
of the Bar if I am elected. Some of these programmes include the
provision of loans to members of the Bar, through partnering banks for
setting up law firms and partnerships. Special health-care programmes
will also be introduced for aged and incapacitated members of the Bar.
Also germane is the issue of discipline in the profession which I will
holistically address if elected.
The welfare and capacity development of
young lawyers will also be paramount if I am elected and in this vein, I
will champion the establishment of a minimum wage baseline for the
engagement of young lawyers bearing in mind the location of the practice
and business environment. The practice of paying young lawyers paltry
sums as salary must be discouraged in all ramifications. I have also
marshalled out plans to empower lawyers and build their capacity by
exposing them to emerging vistas of law which currently remain largely
untapped. Some of these areas are sports law, competition law
(anti-trust), entertainment law, medical law e.t.c. This I will achieve
by ensuring training, capacity building, organising relevant workshops,
conferences and seminars and by networking with development partners, as
well as more developed Bar Associations internationally.
Another area of interest which I will
address is initiating a Health Insurance Policy in collaboration with
the National Health Insurance Scheme (NHIS) for all interested lawyers
and their family members to guarantee easy access to quality healthcare
and benefits. This will go a long way in addressing the health needs of
lawyers and their family members.
Under my leadership, the NBA stamp and
seal policy will be enhanced by tackling all attendant delays in its
production by ensuring that the stamps are produced and made available
to lawyers promptly upon application. The NBA car stickers is also
another area of concern and I intend to put machinery in place to ensure
that the car stickers are serialised and customised for lawyers to
avoid its abuse by non-lawyers as is presently the case. If I am
elected, I will run the NBA in a transparent manner by ensuring
accountability and openness in all dealings and affairs of the
Association.
Generally, I will run an all inclusive
NBA by ensuring equal opportunities and participation by Branches,
promote the rights of members, reposition the NBA as a frontline
professional Association committed to holding government accountable and
consolidate on the achievements of the present leadership of the NBA in
the overall interest of the Association.
Most NBA presidential aspirants have
grandiose manifestos and seemingly populist programmes, but these are
hardly followed through on assumption of office. What will be your main
areas of focus if you are elected NBA President and how will you
implement them during your two-year tenure?
Two years is actually a reasonable time
for any focused leader to make an impact. My programmes and vision for
the Bar are well thought-out and very practicable. I also have a
feasible blue-print for the implementation of my programmes. In drawing
up my manifesto, I made wide consultations to identify the needs and
yearnings of the Bar and all these are encapsulated in my manifesto
which I have undertaken to implement to the fullest if elected. If I am
elected as the 28th President of the Nigerian Bar Association, my main
focus will be on the empowerment of members, promotion of professional
development and continuing legal education.
Members will be economically empowered by
exposing them to business opportunities, training and capacity building
in diverse areas of law, as well as capacity building to enhance skills
and increase productivity in line with modern realities of legal
practice. This I intend to achieve through capacity building workshops,
networking programmes, seminars, courses and conferences amongst others.
I am of the view that the current Rules of Professional Conduct 2007
(RPC) is due for a comprehensive review to bring it in tandem with
current trends and reflect modern realities.
This year, the NBA’s electoral process is
quite innovative; it is a radical departure from the old system. For
the first time, voting will be conducted electronically. There will also
be universal suffrage which will give every lawyer in Nigeria an
opportunity to vote. What are your views on this system?
The adoption of universal suffrage is no
doubt a departure from the usual modus operandi of elections in the NBA.
I think it is a welcome development. Technology has become the order of
the day and I think the NBA should move with the global trend. I also
see it as a sign of advancement and I am optimistic that if
professionally handled, it will turn out to be an effective system of
voting. Also, this is going to be the first time that it will be used
for NBA national elections and I do not expect that it will be without
hitches. It will also interest you to know that the electronic voting
system was successfully used for the NBA Abuja branch elections in 2014
and the Chartered Institute of Arbitrators (Nigeria Branch) elections a
few years ago. It is actually a more convenient and accessible way of
voting and in that regard, it is a better option compared to the former
voting system.
No doubt, the most welcome innovation is
universal suffrage which has guaranteed every eligible member the right
to vote and in so doing, participate in determining the kind of
leadership they want.
The welfare of young lawyers features
prominently in your manifesto. How do you intend to actualise this
welfare package if you win the election?
The welfare of young lawyers is very dear
to my heart and that explains why it features prominently in my
manifesto as you rightly said. As I earlier stated, I will champion the
establishment of a wage baseline for young lawyers considering the
location of practice and business environment, if I am elected. I intend
to accomplish this by engaging and consulting the management of law
firms across the country and working in concert with the various
branches of the NBA. There has to be a forum where all and sundry will
actively participate and majority will reach a consensus on a wage
baseline for young lawyers. All concerned parties, that is the senior
lawyers, management of law firms, various NBA branches and the young
lawyers themselves will participate in this process and I am optimistic
that it will yield a positive result.
I have come to realise that finance is
one of the challenges that young lawyers face in this profession. To
this end, I intend to set up a loans’ board that will be saddled with
the responsibility of disbursing soft loans to deserving lawyers,
especially the young ones in order to assist them in setting up law
firms and partnerships. This will be done in conjunction with partnering
banks. The NBA under my leadership will ensure that these facilities
are easily accessible to lawyers by making the process less cumbersome.
The Health Insurance Policy is also one
of the programmes that I have designed in terms of welfare of lawyers. I
believe that young lawyers will greatly benefit from this programme
which I will implement if I am elected. I intend to achieve this through
effective collaboration with the National Health Insurance Scheme to
guarantee easy access to quality healthcare and benefits at a subsidised
cost.
I believe that the welfare of young
lawyers will be greatly improved by enhancing their skills and
developing their capacities. To this end, I will replicate on a larger
scale for the NBA, what my firm; J-K Gadzama LLP has been doing over the
years. That is to develop a mentorship programme for young lawyers with
a resource base drawn from senior lawyers and judges of superior courts
(both serving and retired) and also establish a Cross-Border Mentorship
Programme for them. Our young lawyers must be equipped with the
requisite skills and abilities to address contemporary legal challenges
and access enhanced benefits. This can only be achieved by training and
re-training.
The NBA under my leadership will be an
all inclusive one. All members will be carried along, given a sense of
belonging and treated fairly. I will ensure that qualified young lawyers
are incorporated in various committees, boards and given key positions
and tasks in the Bar to expose, empower and improve their skills.
The issue of adoption of candidates by
ethnic and regional fora is one which at best can be described as a
double edged sword. In the past it worked well to produce consensus
candidates, but this year, it appears that even your region, the North
was unable to agree on a candidate. As things stand right now, the Arewa
Lawyers’ Forum is sharply divided over who to adopt. This same scenario
played out in the last elections when the South West’s Egbe Amofin
could not agree on a candidate. How would this affect this year’s
election?
It is not correct to say that the Arewa
Lawyers’ Forum is sharply divided over who to adopt. I can tell you that
there is no division in the Forum. An Internal Electoral Screening
Committee of the Forum was initially set up to recommend the adoption of
a Presidential candidate for the Forum. We also submitted an addendum
giving reasons why we should be adopted as the candidate of the Forum.
We were appraised based on seniority at the Inner Bar, contributions
towards the progress of the Bar, general acceptance, popularity,
attendance at meetings, among several others. The Committee fully and
exhaustively deliberated upon the issue and recommended me as its sole
candidate but my opponent protested which eventually stalled the
process. A meeting was however held on Thursday, 9th June, 2016 at which
I was formally adopted as the sole Presidential candidate of the Forum
in the forthcoming NBA National officers’ elections. This is a welcome
development and it also goes to show that the ALF is one strong and
united forum. This development is also an indication that I have the
overwhelming support of a majority of the Arewa lawyers. My adoption by
the ALF has been formally communicated in a letter signed by the Vice
Chairman; Garba Pwul, SAN and the Assistant Secretary; T.T. Hyundu, Esq
to the President of the NBA, as well as the respective Chairmen of the
following fora; South-West Lawyers’ Forum, Egbe-Amofin, Eastern Bar
Forum (EBF), South West Bar Forum and Mid West Bar Forum.
In this year’s election, campaigns
posters were banned, donations to branches were banned; newspaper and
television adverts were banned. How has this affected your campaign so
far? How have you been able to successfully reach out to the over
160,000 Nigerian lawyers?
The banning of campaign posters and media
adverts is actually a welcome development. To an extent, it has reduced
the cost of electioneering. It has also engendered some degree of
sanity in the process. It has not in any way affected my campaign
negatively. I have been able to successfully reach out to lawyers in
almost all branches of the NBA in all the States of the Federation. It
has been my tradition over the years and long before this election to
honour invitations from various NBA Branches, participate in their
activities, consult elders of the Bar, pay courtesy calls and visit
various branches of the NBA. In so doing, I have been able to reach out
to the majority of lawyers before and in the course of my campaigns. My
inter-personal relationship with lawyers across board over time, the
networks that I have built throughout my practice years have proved a
worthwhile investment and some measure of connection to lawyers in
almost every part of Nigeria. We have been drawing from these
investments.
What are your thoughts on the Stamp &
Seal policy introduced by the out-going administration which has thrown
up over 2,000 fake lawyers within one year?
The policy which has fought impersonation
and quackery to a standstill is very commendable and must be sustained.
If I am elected, I will put machinery in place to enhance the policy by
ensuring that all stamps are produced and promptly delivered to the
respective branches/members in good time upon application. Some members
have also complained about the issue of the expiry date on the stamp and
to this end, I will address this issue holistically considering the
Relevant Rules of Professional Conduct (RPC) and the general concerns of
members. Quite a number of lawyers have also complained about the cost
of procuring these stamps and in this regard, I will consider reviewing
the cost in line with current economic realities and in the overall
interest of members, especially young lawyers. Another issue of concern
is the delay in the production and delivery of the stamps. As I earlier
stated, I will drastically reduce, if not totally eliminate all delays
and bottlenecks in the production of the stamps in order to ensure that
the stamps are delivered promptly upon application.
Despite the remarkable achievements of
the outgoing administration, the NBA Section on Public Interest and
Development Law is still somewhat inactive. The Section on Legal
Practice is just coming back from a hiatus. What are your plans for the
Sections of the NBA and how do you intend to make them viable?
The Sections are very key to the Nigerian
Bar Association and must be strengthened. Being the Pioneer Chairman of
the NBA Section on Public Interest Law (SPIDEL) and Pioneer Vice
Chairman of the NBA Section on Legal Practice (NBA), I know that the
role and importance of the Sections cannot be overemphasised. Under my
leadership, I will create an enabling environment for the various
Sections to thrive and institutionalise the process of selecting their
successive leadership following democratic tenets and due process. This
will engender confidence building and commitment from their respective
memberships. The NBA under my leadership will also give all the needed
support and assistance to the various Sections to enable them function
effectively for increased productivity.
There has been a general outcry over the
current state of indiscipline and poor ethics of lawyers. How do you
intend to improve the professional ethics of lawyers?
The dignity of the profession has
recently been undermined through some perceived unprofessional acts of
some members. This situation underscores the need for the Bar to have a
determined leader who can firmly address issues of discipline amongst
its members and ensure timely action to preserve the integrity of the
profession. Under my leadership, the Legal Practitioners’ Disciplinary
Committee will be supported to deliver its mandate more effectively. One
consideration is to have disciplinary proceedings conducted in a
transparent manner that is open to public scrutiny. This is akin to what
obtains in the United Kingdom where members of the public even
participate in some stages of the disciplinary proceedings. The current
Rules of Professional Conduct for Legal Practitioners 2007 (RPC) also
appears to be outdated. I will put machinery in place to make sure that
the RPC is amended to meet the current realities of legal practice
especially as it affects discipline and the ethics of legal practice.
Strict adherence to the RPC will be propagated and the NBA will
collaborate with other relevant bodies and authorities to put in place
measures that will ensure the highest levels of discipline in the
profession.
The level of computer literacy of Nigerian lawyers is noticeably low. If you win the NBA elections how would you improve this?
I am not entirely sure that this is
accurate especially with the younger generation of lawyers who
demographically are the significant majority. Having said that, I do
acknowledge the deficit which though reflective of a regional problem
can and should be addressed. The world is going digital now and Nigerian
Lawyers cannot afford to be left behind. According to the International
Telecommunication Union (ITU), 3.2 billion people, about half of the
world’s population are online. However, only 34% of households in
developing countries have access to internet. If elected, the use of ICT
will be introduced as part of the continuing education programme.
Lawyers will be given incentives to attend and participate in workshops
on how to use the computer and other modern technological equipments.
The young lawyers will also be given increased access to ICT facilities
and services available at the National Secretariat at subsidised rates
to enhance their ICT competencies. The NBA under my leadership will also
work in concert with the various courts on the introduction of
electronic filing of court processes, sensitisation and creation of
awareness of relevant software and ICT applications among members.
The Bar-Bench Forum was introduced to
foster a good working relationship between the Bar and the Bench. It was
very interactive in many branches, but has gradually become inactive.
How can it be revived?
This can be revived by creating more
awareness of the forum and enhancing the relationship with the Bench.
Many members of the Bar are not aware of the existence of the forum and
this is a major impediment to its success. Some lawyers have also said
that the timing of the Bar-Bench interactions are usually not
convenient. These and other factors militating against the success of
the Bar – Bench forum will adequately be addressed. All members must
also be given a sense of belonging in this process and the NBA
leadership under my watch will ensure that resolutions reached at the
forum are fully implemented.
The out-going Alegeh led administration
despite the commendations it has received from several quarters cannot
be said to be perfect. What short-comings did you observe in the
out-going administration and how do you intend to improve on them?
An Assessment of the present
administration is actually a relative one. What is not in doubt is that
Augustine Alegeh, SAN will be leaving the NBA better than he met it. His
administration has performed well though there is always room for
improvement. It is said that the room for improvement is the biggest
room in the world and we cannot rest on our oars.
The myriad political and legal issues
facing African countries require collaboration between the various
regional Bar Associations. If you become NBA President how will your
administration facilitate this?
Collaboration between the various
regional Bar Associations is very germane and will be sustained under my
leadership if I am elected. In this regard, I will consolidate on the
achievements of the present NBA leadership. It will also be recalled
that the NBA in collaboration with other Bar Associations and Law
Societies in Africa hosted the pioneer African Bar Leaders Conference
which held on Sunday, 10th April, 2016 in Lagos, Nigeria. Another point
of reference is the 2015 Pan African Lawyers Union (PALU) Annual
Conference which was held in Abuja from the 22nd to 24th day of
September, 2015 which I actively participated in. I will bring the
wealth of my experience garnered over the years by my active
participation and interaction in these bodies to impact on the fortunes
of the NBA.
I will ensure that more avenues are
created and that the NBA is properly represented in order to brainstorm,
dialogue and cross-fertilise ideas with representatives of other
regional Bar Associations across Africa and beyond all in a bid to
continuously offer practical solutions to political and legal issues
facing African countries.
Also, the NBA under my leadership will
ensure beneficial, well-informed, timely and coherent contributions to
the debates on regional issues and promotion of democratic ethos and
institutions in the African region.
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Thursday, July 7, 2016
‘I Will Run an All-Inclusive NBA Dedicated to Members’ Interest’
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