Rule of Law, Professionalism, Stamp and Seal reforms Take Center Stage at NBA NEC Meeting [Read Full Speech]

EXECUTIVE REPORT BY MAZI AFAM JOSIAH OSIGWE, SAN, PRESIDENT OF THE NIGERIAN BAR ASSOCIATION AT THE NATIONAL EXECUTIVE COUNCIL MEETING OF THE NIGERIAN BAR ASSOCIATION HELD AT NIKE LAKE RESORT, ENUGU, ON THURSDAY, NOVEMBER 7, 2024.

Protocol

I welcome all members of the National Executive Council and other members of our great Association to the first NEC Meeting under our administration. It is to the Glory of God that we gather here today to participate in this meeting. The members of the National Executive Committee are grateful for the confidence and honour members of the Association repose in us by saddling us with the responsibility of being at the helm of affairs of the association. You have reposed a lot of responsibilities on us by electing us to steer the affairs of our Association for the next two years. We are profoundly grateful for your trust and confidence in us. The mandate you have given us clearly shows that power comes from God and that He gives it to who He pleases. We therefore give God all the glory for giving us the grace to serve the members of our Association at a time like this. We assure you we will not betray the enormous responsibility and honour of serving you.

In my inaugural address, I acknowledged that the legal profession and indeed, the society at large look up to us to lift the Bar to a higher pedestal than we met it. I further noted that our promise to run a united and inclusive bar is a task that must be accomplished. Our efforts must always be geared towards keeping the bar united and moving it forward. I reiterate that we have a duty to enhance the welfare of our members, protect them in the practice of our profession, reinvigorate public confidence in our profession, and ensure that we give back to the society which not only looks up to us but has been good to us as legal professionals.

At all times, we pray for wisdom from God in the discharge of our duties as National Officers of the NBA. We trust in God that with His wisdom guiding us, there would be no divisiveness, working at cross-purposes, or infighting in the NBA National Executive Committee during our tenure. We pray that peace and brotherly love will guide all our actions and interactions so that we can, together, deliver on our promises and leave the Association better than we met it. It is a fact that God has a purpose in making it possible for the current members of the National Executive Committee to serve together. In serving together, we will strive to foster life-long friendships and relate as a family. We will join hands to work together for the continuous development of our profession and in the best interest of the NBA.

A Call to Duty in Challenging Times

Distinguished colleagues, we live in a challenging and interesting time. This makes it imperative for us to rise to our responsibilities of promoting the rule of law and adherence to due process of law, protecting Nigerians, and uplifting their living standards, etc., even though the country faces a multitude of challenges, ranging from issues of administration of justice, the rule of law to socio-economic problems. I need not remind us that we have a general responsibility to uphold and observe the rule of law, promote and foster the cause of justice, maintain a high standard of professional conduct, and not engage in any conduct that is unbecoming of a legal practitioner. As legal practitioners, we occupy a unique position in society, enabling us to effect positive changes in society and uphold the principles of justice, equity, and fairness. We must ensure that the law serves all Nigerians, irrespective of their background, status, or affiliation.

We restate that under our watch, the NBA shall hold Governments at all levels accountable. We will work towards ensuring that government policies and programmes meet the yearnings and aspirations of our people, as they relate to the provision of good governance, respect for human and people’s rights, administration of justice, independence of the judiciary, transparency in financial expenditures, reducing drastically the cost of governance and ensuring that the welfare of our people is given topmost priority. We will strive to ensure that the government responds appropriately to the challenges of securing lives and properties, respect for fundamental rights and freedoms, provision of gainful employment and all the basic amenities of life, especially food, shelter, clothing, qualitative and affordable education, healthcare, and other infrastructure as well as access to justice.

Ratification of Committees

In the course of this meeting, we shall be applying for the ratification of certain ad-hoc and standing Committees we set up to perform various functions set out below. The committees are:

1. CONSTITUTION REVIEW COMMITTEE: Certain developments in recent times have shown that there is a need to consider a further amendment to the NBA Constitution, to give effect to the following:
2. Operationalize the remittance of 20% of Bar Practice Fees to Branches;
3. Make election to the office of the NBA President and General Secretary to translate to election into the General Council of the Bar as provided by the Legal Practitioners Act;

• Addresses the issue of elections campaign financing;

1. Provide for dispute resolution mechanism among elected officers of the NBA;
2. Addresses other perceived lacunae in the NBA Constitution to meet present realities.

The cost of contesting elections in the NBA is increasing at an alarming and indefensible rate. The risks, dangers, and inconveniences encountered by aspirants to NBA offices during elections are becoming unbearable. The Constitution Review Committee will consist of Abdul Mohammed SAN (Chairman) and Stanley Dozie, SAN Imo (Alternate Chair).

 

2. JUSTICE SECTOR REFORM: Taking cognizance of the need to push for reforms in the Justice Sector particularly coming on the heels of the communiqué issued at the end of the Justice Sector Reform Conference convoked by the Honourable Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, we have established a Committee in this regard. The Committee will not only spearhead the NBA’s Advocacy for Justice Sector Reforms but also advocate for appropriate investments in modernizing Court infrastructures, including the construction and renovation of selected court facilities to provide conducive environments for the speedy dispensation of justice. The Committee will also come up with proposed amendments to existing legislation and Rules of Courts for effective justice delivery; Judicial reforms in the following areas: Case Management and scheduling with time slots, notification to Lawyers of adjournments, enforcement of the use of NBA Legal Mail address in the filing of all processes, and customised email address for all court registries to strengthen the e-filing regime being introduced in our various Courts.

 

The committee will further support continuous education and training programmes 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. The committee also has a mandate to 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 will comprise the following: Prof. Joy Ezeilo, SAN (Chair), Sunusi Musa, SAN (Alternate Chair), and Terfa Raphael Agbanyi (Secretary).

 

3. LOCAL GOVERNMENTS MONITORING COMMITTEE: As the watchdog of the society and in living up to the motto of our noble association, the NBA under my leadership, has set up a Local Governments Monitoring Committee, to monitor and ensure strict compliance with the judgment of the Supreme Court by the relevant tiers of Government, with the ultimate goals of enhancing good governance, deepening constitutional democracy and above all, to promote the rule of law in our country. The NBA with branches spread across all the States of the Federation and the FCT is best positioned to monitor the 774 Local Government Councils in Nigeria, to ensure not just their full compliance with the judgment of the Supreme Court but also ensure the delivery of the dividends of democracy to our people at the grassroots level all over the country. In furtherance of these goals, I am appealing and enjoining all the branches to set up similar a committee at the branch level. The Committee comprises Adebayo Mutalubi Ojo, SAN (Chairman); and Augustine Nwabueze Eseagu (Secretary).

 

4. NBA NATIONAL LITIGATION COMMITTEE: The incessant harassment of lawyers by law enforcement agents in the course of rendering service 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 and has indeed become a major threat to the legal profession and the administration of the justice system. Legal Practitioners must be able to represent their clients without any form of intimidation by law enforcement agents. A lawyer engaged to represent his or her client is working in his or her line of duty and should be able to perform his or her duty and execute a brief without any form of intimidation, threat, harassment, fear, or victimization. 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 is fundamental to the administration of justice, and lawyers should be able to perform their duties without fear of intimidation or harassment. We therefore established 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 Committee of Branches of the NBA to render pro bono services to indigent members of the public and also take requisite legal actions where lawyers have been assaulted, harassed, or prevented from carrying out their lawful duties. At the national level, the Committee comprises of
5. Ama Etuwewe, SAN – Coordinating chairman
6. Eko Ejembi Eko SAN – 1^st Alternate Coordinating Chairman

• Vincent Otaokpukpu – 2^nd Alternate Coordinating Chairman

1. Aliyu Isah Abubakar – Coordinating Secretary

This committee is established on a zonal basis: Northern, Eastern, and Western Zones.  Mba Ukweni, SAN (Chairman- East), Amaka Ezeno (Alternate Chairman – East); Razak Isenalumhe (Chairman–West), Adetunji Osho Alternate Chair – West); Ibrahim Aliyu Nassarawa (Chairman- North), Niri Dalung (Alternate Chairman – North), Isa Aliyu (Secretary – North).

 

5. CITIZENS LIBERTIES COMMITTEE: We established a Citizens’ Liberties Committee (CLC). The Committee collaborates with the NBA branches and their Human Rights Committees to liaise with the Chief Judges of the States and the FCT to ensure that all Police stations and other detention facilities in each State of the Federation and the FCT are visited and inspected by Magistrates and Judges once a month, in accordance with the provisions of the Administration of Criminal Justice Act/Law. It also encourages citizens to participate in the monitoring and inspections of Police Stations and other detention facilities by Magistrates and Judges and to report through the Human Rights Committees of the Branches. The Committee comprises the following: Nuhu Egya (Chairman) Malachy Ugwumadu (Alternate Chair), Inibehe Effiong, Deji Adeyanju, Maxwell Opara.

 

6. PROTECTION OF LEGAL BUSINESSES COMMITTEE: To ensure that we protect our legal space from non-legal practitioners who encroach, as well as from the influx of foreign lawyers/law firms and practice by non-law firms, we have established a committee in that regard. The Committee will utilize litigation and advocacy to ensure that non-legal practitioners are precluded from the unlawful practice of law in all its ramifications. The Committee shall comprise; Mr George Etomi, SAN (Chairman) Olusegun Fabunmi, SAN (Alternate Chairman), Jubril Ali (Secretary), and Joseph Agu.

 

7. ANNUAL GENERAL CONFERENCE PLANNING COMMITTEE: To ensure that we have adequate time to make preparations for the next Annual General Conference (AGC), the Annual General Conference Planning Committee was set up and inaugurated. The early commencement will enable us to make timely plans and preparations, raise funds, enter into partnerships, get sponsorships, etc. We believe that the plans will enable us to actualize our plan to reduce the Conference fees paid by young lawyers by twenty percent (20%). The next Annual General Conference (AGC) will be held in Rivers State from August 23 to August 30, 2025. The Conference Planning Committee will be headed by: Emeka Obegolu, SAN (Chairman), Sammie Somiari, SAN (Alternate Chair), Barbara Omosun (Secretary), and Olaide Oluwayomi-Ajewole (Alternate Secretary).

 

8. LPDC RULES WATCH: Upholding the highest standards of ethics and professionalism in our profession is non-negotiable. To this end, we commit to ensuring that our members adhere to the Rules of Professional Conduct for Legal Practitioners. Any breach of professional ethics will be met with appropriate disciplinary measures, as maintaining the integrity and credibility of our profession is crucial. We must lead by example, demonstrating to society that the legal profession is one of honour, responsibility, and unwavering commitment to justice. We have established this 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 contained in the LPDC Rules, 2006. The Committee shall comprise – Charles Ajuyah, SAN (Chairman), and Chinedu Obienu (Secretary).

 

9. LEGAL EDUCATION COMMITTEE: This Committee will formulate and present the NBA position on the reform and development of legal education in Nigeria, drive a proposed review of curricula in Law Faculties of Nigerian Universities and the Nigerian Law School to bring them in conformity with contemporary developments and international standards. This committee will propose criteria for employment of law lecturers and retraining programs for Law lecturers. It shall also push for an improvement of infrastructural conditions in the Nigerian Law School campuses, and develop a programme to have practising lawyers actively involved in teaching several courses at the Nigerian Law School and Faculties of Law. This committee will introduce a mentorship scheme for aspirants to the Bar (whereby Law students would be assigned to established Law Firms), beginning at the Law Faculties and continuing into the Law School as obtainable in other developed jurisdictions. The Committee will also collaborate with donors to establish an Endowment Fund for Legal Education. The Fund will support law teachers in conducting research aimed at advancing the justice sector, promoting constitutionalism in Nigeria, and furthering curriculum and academic development. The Committee shall comprise Prof. Damilola Olawuyi, SAN (Chairman), Prof Kamal Dawud (Alternate Chairman), and Dr. Jonathan Ekperusi (Secretary).

Since assumption of office, we have carried out a number of functions as well as issued several statements. These include:

• Strategic Emergency Meeting Of Nba National Exco, NBA Branch Chairmen And Secretaries To Address The Delays In The Production And Distribution Of Lawyers Stamps

In a bid to address and resolve all the challenges surrounding the production and distribution of stamps for Lawyers, we convened an emergency virtual meeting on Monday 9th September 2024.

The meeting brought together the Chairmen and Secretaries of 130 NBA branches to discuss the delays and issues surrounding the production and distribution of stamps. We had an extensive discussion on the factors contributing to the delays, with particular emphasis on the current pricing structure and its sustainability. The CEO of Strataflex, Mr. Yakubu Adamu, the company responsible for the production of stamps, provided insights into the issues. Mr. Yakubu informed the meeting that his company has been producing stamps for NBA since 2015 at the rate of ₦4,000 (four thousand Naira) per pack of four sheets. He explained that despite repeated attempts to renegotiate the price due to rising costs, previous administrations had consistently rejected these attempts. He emphasized that the current price was no longer viable under the present economic conditions and the company cannot produce stamps without incurring significant cost and debt. After a robust discussion by the Branch Chairmen, Secretaries and National EXCO, the meeting reached the following resolutions:

1. Price Review: The meeting unanimously resolved that the current price of four thousand Naira per pack, that was agreed upon with the production company in 2015, is no longer feasible. It was agreed that the price must be reviewed immediately to ensure the sustainability of the production process.
2. New Price Structure: It was agreed that the price for the 2024 stamps would be increased to ₦6,000 (Six thousand Naira), effective from November 1, 2024. Furthermore, the price for the 2025 stamps will be set at ₦7,000 (Seven thousand Naira), from January 1, 2025.
3. Backlog Stamps: The meeting resolved that all stamps already paid for by members before October 31, 2024, will not be affected by the price increase. These will be produced at the original price of ₦4,000 (four thousand Naira) while the NBA will offset the cost difference.
4. Complimentary Stamps: The production of complimentary stamps of members who paid 2024 Bar Practice Fee, at and when due will continue as promised. However, the meeting noted that the availability of physical complimentary stamps after the price review might not be guaranteed.
5. Resolution of pending stamp issue: The meeting mandated branch Chairmen and Secretaries to compile a list of their members who are experiencing issues with the delivery of their stamps and forward the list to this dedicated email address stampsupport@nigerianbar.org.ng, for immediate attention and resolution.
6. Mandate to NBA National EXCO to Conclude Negotiations with Strata Flex Company: The meeting unanimously mandated the NBA National Executive Committee to conclude negotiations with Strataflex and finalize a new agreement with the resolutions of the meeting, to ensure that the production process of Stamps remains efficient and uninterrupted.

I can confirm that the negotiation was successfully carried out with Strataflex and a new Memorandum of Understanding has been signed.

 

• Directive To Branches To Monitor #Endbadgovernance Protest, Trials, And Launch Of Pro Bono Service For Unrepresented Protesters

To ensure that persons who were charged to court for their participation, involvement, and support for the #EndBadGovernance protest receive a fair trial as well as legal representation where they cannot afford it, we directed NBA branches to closely monitor the trials within their jurisdictions. In a significant move, we launched a pro bono legal support initiative for protesters who lack legal representation. We tasked the Nigerian Bar Association Citizens’ Liberties Committee (NBA-CLC) to work in close coordination with the Chairmen and Human Rights Committees of NBA branches in the regions where protesters are currently being prosecuted to ensure that no defendant suffers injustice during these trials. The NBA’s legal team actively monitors court proceedings to ensure that trials are conducted with strict adherence to due process and safeguard the legal rights of all defendants. Our various colleagues, branches, and their Excos have in many ways shown commitment to upholding the rule of law, protecting defendants’ human rights, and ensuring that justice is served.

• Call On Security Agencies To Respect Citizens’ Rights To Protest

We acknowledged the growing calls from citizens for better governance, accountability, and respect for human rights. The protest movements, tagged “#EndBadGovernance”, “Fearless in October” by anti-bad governance protesters, highlight the ongoing demand for positive change. We noted that it is the right of every Nigerian to peacefully express their views and seek better governance without fear of harassment or intimidation. In light of this, the NBA reaffirms its commitment to protecting the fundamental rights of all Nigerians and will continue to provide pro bono legal services to peaceful protesters who may face any form of intimidation, harassment, or arbitrary detention during protests. We mandated the NBA Citizens’ Liberties Committee, in conjunction with the NBA Human Rights Committees of our various branches, to be on standby throughout the country to respond swiftly to any incidents of human rights abuse. The NBA will not hesitate to take legal action against any violations of these rights. The NBA stands firmly in support of the principles of democracy, freedom of speech, and peaceful assembly, which are enshrined in our Constitution. We called on law enforcement agencies to exercise restraint and uphold the law by ensuring that citizens are free to express their views peacefully.

 

• Caution To The Nigeria Police Force Not To Shirk Their Responsibility To Provide Security In Rivers State

The NBA noted with deep concern, the controversies and actions of actors relating to and about the just concluded Local Government elections in Rivers State. We noted with particular interest the statement released by the Rivers State Police Public Relations Officer (PPRO), SP Grace Iringe-Koko, which indicates that the Rivers State Police will not provide security during the Local Government elections scheduled for Saturday, October 5, 2024. The NBA also read the disturbing report that some Policemen were alleged to have attempted to cart away electoral materials in the dead of the Night at the Head office of Rivers State Independent Electoral Commission, (RSIEC). We agreed in totality with the joint statement issued by the Chairmen of NBA Branches in Rivers State as we found it deeply troubling that the Police would brazenly issue a statement that they would shirk their constitutional responsibility of providing security in Rivers State in purported compliance with an order of court. Even if a court has directed the Police not to work with the Electoral Commission in Rivers State, nothing says the Police should not provide security for the peace and order in Rivers State. In the statement I issued on behalf of the Association, I noted that:

“The responsibility of the police to ensure peace and security is constitutional and cannot be restrained by any court. The Police should at all times provide security for the good people of Nigeria and should be worried that any court order purports to prevent them from discharging this responsibility. The duty to secure the lives and property of the people is one that should never be restrained by a court. The Police as much as all Nigerians should be concerned that such a statement was be issued by the Police confirming they would abdicate their duty. The Police must ensure they discharge their duties at all times and urgently take steps to set aside any judgment that seeks to prevent the Police from discharging their constitutional responsibilities. To do otherwise may enthrone a reign of terror or breakdown of law and order. The people of Rivers must never be left unprotected, no matter what.

Any act or position that leaves the people and their activities, unprotected is utterly unacceptable and strongly condemned by the Nigerian Bar Association. The assertion by the Rivers State Police, through the PPRO, that the Police will not provide security for the elections, if accurate, is an unfortunate abdication of responsibility and an egregious violation of constitutional duties. The refusal to provide security is not only unconstitutional but also illegal, immoral, and a dangerous signal that invites lawlessness and undermines democracy. It is, in every sense, a direct attack on the democratic rights of the people of Rivers State and, by extension, Nigeria as a whole. In fact, it threatens our democracy.

The NBA has also taken note of the conflicting judgments from the Rivers State High Court and the Federal High Court in Abuja concerning the scheduled Local Government elections. It is deeply disheartening and amounts to judicial rascality that courts of concurrent jurisdiction are issuing contradictory orders on the same matter. The NBA is committed to engaging with all relevant stakeholders to find a sustainable solution to this constant judicial conflict, as the consistency and coherence of the law are fundamental to its effectiveness.

The protection of our democracy and the upholding of the rule of law must remain our highest priority.

• NBA Decried The Violation Of Minors’ Rights In Protest Crackdown And Demanded Their Immediate Release.

Driven by a commitment to respect citizens’ fundamental rights, due process of law, transparency, and access to justice, the NBA under my watch calls for accountability from law enforcement agencies and better protection for marginalized individuals, especially as it concerns detained “#EndBadGovernance protesters.

In a recent case that underscores this human rights advocacy, we condemned the inhumane treatment of 32 minors, part of a larger group of 76 defendants detained following the August 2024 #EndBadGovernance protests. Speaking on behalf of the NBA, I expressed grave concerns over the minors’ prolonged detention and malnourished condition, noting that such treatment damages Nigeria’s global reputation and undermines the credibility of the nation’s correctional system. I urged authorities to either release the minors to reunite with their families or transfer their trials to courts closer to their homes and family members so that they can better exercise their rights to mount a robust defence and facilitate family support and legal representation.

NBA’s swift response reflects our dedication to a fair judicial process. This case is instructive as it challenges us to ensure law enforcement agencies uphold human rights and strengthen Nigeria’s justice system, ensuring it serves and protects all citizens, especially vulnerable groups such as children.  The minors are among the 119 remanded protesters who were in the custody of the POLICE IRT. It appears that the minors were kept in a large hall as the Borstal system or juvenile detention facilities are non-existent.

The non-existence of the Borstal system or juvenile detention facilities, no doubt amounts to a breach of the Child Rights Act.

• Inauguration of NBA Women Forum (NBAWF)

We inaugurated the Forum on Thursday 12th September 2024, alongside four other Committees. This Forum serves as a vital platform for advancing gender equality, promoting professional development, and empowering women within the legal profession.

The Forum’s Terms of Reference are as set out below:

1. Engagement in Forum Activities: Members will take part in seminars, workshops, meetings, and other events that promote the NBAWF’s mission.
2. Empowering Women in the Legal Profession: Through mentorship, professional development, and advocacy initiatives, members will work towards creating leadership and growth opportunities for women in the legal field.
3. Supporting NBA’s Goals: The members will work in alignment with the broader vision of the NBA, particularly on matters of gender equality, ethics, and strengthening the role of women in law.

The Governing Council of the Forum was reconstituted as follows:

Huwaila Muhammed – Chairperson

Delayo Oriekun – Alternate Chairperson

Ugwochi Agala – Secretary

Cecilia Ngozi Onyia – Treasurer

Sadiya Sule – Publicity Secretary

Dr Rabi Abdulahi – Member

Nyanate Olabisi Fatoki – Member

Adebukola Ikujuni – Member

Laeticia Njideka U. Uju – Member

Rabiat A. Liman – Member

Freda Anyia – Member

Esther Jimoh – Member

 

• Notice To All Lawyers In Nigeria On Compliance With Anti-Money Laundering And Terrorism Financing Provisions Of The Rules Of Professional Conduct For Legal Practitioners, 2023

All lawyers are reminded that the General Council of the Bar made the Rules of Professional Conduct for Legal Practitioners 2023 (RPC), published in the Federal Republic of Nigeria Official Gazette No. 103, Lagos, 6th June 2023, Vol. 110, Government Notice No. 69, and the Nigerian Bar Association Anti-Money Laundering Committee (NBA-AMLC) Appointment and Examination Rules and Protocols 2024, published in the Federal Republic of Nigeria Official Gazette No. 108, Lagos, 26th June 2024, Vol. 111, Government Notice No. 30.

The Rules of Professional Conduct for Legal Practitioners 2023 provides the legal framework for anti-money laundering (AML) and counter-terrorist financing (CFT) measures that apply to lawyers, law firms, and notaries in Nigeria. These rules constitute valid, constitutional, and effective subsidiary legislation.

Pursuant to Rule 73 of the RPC, the National Executive Council (NEC) of the NBA constituted the NBA Anti-Money Laundering Committee (NBAAMLC) to oversee compliance with AML/CFT measures. Following its inauguration, the NBAAMLC proposed and the NEC approved a comprehensive framework to guide legal practitioners. This framework is documented in the NBAAMLC Appointment and Examination Rules and Protocols, published on 26th June 2024.

Under the RPC, the NBAAMLC is recognised as the self-regulatory body (SRB) responsible for ensuring that the legal profession in Nigeria adheres to AML/CFT regulations. In line with this mandate, the NBAAMLC has developed policies and procedures to identify legal practitioners or classes of practitioners who may be at risk of being used by criminal elements to launder money or finance terrorism.

The NBAAMLC, following the risk-based approach provided by the RPC, initiated a comprehensive risk assessment of the legal profession in Nigeria. The following measures will be implemented to ensure compliance:

1. Risk Profiling: The NBAAMLC will assess the risk profile of legal practitioners when evaluating recommendations, issuing letters of good standing, and considering disciplinary matters.
2. Supervisory Framework: A supervisory framework has been established to ensure that accurate and current information on beneficial ownership is maintained by legal practitioners and law firms.
3. Compliance Obligations: The NBAAMLC requires legal practitioners to comply with the following obligations:

• Perform risk assessments at the firm, client, and transactional levels.
• Conduct appropriate risk-based Client Due Diligence (CDD).
• Implement internal controls and report suspicious transactions.
• Complete continuing legal education on AML/CFT topics.
• Document all AML-related decisions and processes.
• Ensure confidentiality and adhere to all legal requirements when reporting suspicious transactions.

Any lawyer who fails to comply with the provisions of Chapter 2 of the RPC or neglects to perform any of the duties outlined under that chapter commits professional misconduct. Such lawyers will be subject to disciplinary action under the Legal Practitioners Act. The NBAAMLC is empowered to recommend disciplinary proceedings or other legal measures against any practitioner found in breach of these provisions. Every lawyer must report any violations of the RPC to the appropriate authorities for necessary action.

Finally, all lawyers are reminded of their obligation to comply with the Anti-Money Laundering and Counter-Terrorism Financing (AML/CFT) measures approved by the NBA in the course of their professional duties and to submit to the supervision of the NBA-AML Committee in accordance with the Rules of Professional Conduct, 2023.

 

• Memo To Body Of Benchers On Need For Urgent Review Of LPDC Rules, 2020

We sent a memo to the Body of Benchers on the imperativeness of reviewing the LPDC Rules, 2020 to pass a proposal for the amendment of the Rules. The proposed Rule makes provision for timelines within which the NBA would investigate a complaint to determine if there exists a prima facie case. The timeline would have cured the mischief lacking in the 2006 Rules that has resulted in delay.

Upon assuming office as President of the NBA, I declared to the whole world at my inauguration on August 29, 2024, that the NBA shall collaborate with the Chief Justice of Nigeria and the Distinguished Body of Benchers on matters to fast track and strengthen the disciplinary process.  Based on this undertaking, I have commenced the process of putting up a prosecutorial team and shall work with the Regulations Committee and the Honourable Chief Justice to work on more robust Rules to facilitate fairness and accelerate the process of the work of the LPDC. To achieve this goal, the NBA is seeking that its statutory role be made part of the LPDC Rules as was the position in 2006 or in equal partnership with the Bench. It is on the above premise that the NBA recommended to the Distinguished Body of Benchers that the Regulations Committee and Committee of NBA work out the needed amendment to the LPDC Rules to be recommended to the Honourable Chief Justice of Nigeria.

The above actions indicate some of the areas we intend to focus on in the next two years.

Other Agenda

Discipline

1. Advocate for the amendment of the Legal Practitioners Disciplinary Committee, Rules, 2020 to fully restore the role and power of the NBA in the investigation of complaints of professional misconduct against legal practitioners.
2. Establish disciplinary committees across all branches to monitor the compliance of lawyers with the dress code, conduct, and activities in courts.

• Prioritise disciplinary proceedings to ensure that petitions against lawyers are expeditiously determined.

1. Pursue an aggressive awareness campaign to draw attention and remind members of compliance and infraction issues.
2. Enhance self-regulation of Lawyers by the NBA as part of her disciplinary mechanism.

Continuing Professional Development: We shall ensure compliance with Rule 12(1), Rules of Professional Conduct for Legal Practitioners, 2023 by publishing not later than a specified date in every year, specified by the Nigerian Bar Association

• a list of legal practitioners who have complied with the requirements of the Continuing Professional Development Programme (MCLE) and those who have paid their Bar Practicing Fees (BPF) and are, therefore entitled to practice as legal practitioners in that year; and
• (ii) issue practicing certificates to legal practitioners whose names are on the Annual Practicing List, certifying that they have paid their Bar Practicing Fees (BPF) for the specified year and that they have also fulfilled the requirements of the Continuing Professional Development Programme (MCLE) for the year under the Rules made for the purpose by the Association.

We intend to ensure that only lawyers who, in addition to payment of their annual Bar Practicing Fees (BPF), and have fulfilled the requirements of the Continuing Professional Development Programme (MCLE) for the year under the rules made by the Association, are licensed to practice law in Nigeria. The NBA Institute of Continuing Legal Education (ICLE) shall therefore accredit service providers and courses/programmes in this regard.

 

• Request to Appoint NBA Prosecutors to Prosecute Matters at the LPDC As Well As Constitute Disciplinary Panels For The Six Geo-Political Regions In Nigeria Prosecution Before The LPDC

In reliance on Section 11(1)(e ), Legal Practitioners Act, which recognize the power of the Nigerian Bar Association to appoint a legal practitioner to investigate allegations of the breach of Rules of Professional Conduct against a legal practitioner and make a decision to present a case before the Legal Practitioners Disciplinary Committee (LPDC) against such legal practitioner, we shall be seeking the approval of NEC to appoint prosecutors to present matters on behalf on the NBA before the LPDC as well as constitute Disciplinary Panels for the six geo-political regions in Nigeria.

10.0 Composition of some Fora

1. Lawyers With Disabilities
2. Patience Etumudom  (Chair)
3. Sani Moyi (Alternate Chair)
4. Rex Erame (Secretary)
5. Arinze Mbanefo (NAPTIP)
6. Justice Christopher
7. Florence Marcus

 

1. Corporate Counsel Forum
2. Uche Obodo – Chair
3. Robert Imowoh – (Alternate Chair)
4. Bamiji Adeyeye   – (Secretary)
5. Kehinde Dawodu
6. Chike Obianwu
7. Muyiwa Balogun
8. Ituah Imhanze
9. Lukman Salman
10. Hayatudeen Sani
11. Three representatives of Banks & Other Financial Institutions

 

1. Lawyers In The Media
2. Jude Igbanoi – Chair
3. Felix Ashimole (Alternate- Chair)
4. John Austin Unachukwu – Secretary
5. Halima Abiola
6. Anita Amadi

6    Gloria Ireka

7. Emmanuel Akhigbe
8. Teejay Eko
9. Ade Bamgboye

Young Lawyers’ Forum

1. Timothy Clement – Chairman
2. Etaba Agbor – Secretary
3. Gabriel Agboola – Publicity Secretary
4. Chemerie Okolo – Treasurer
5. Ntyang Jugu
6. Imam Fulani Abdul-lateef
7. Sumoko Wisdom
8. Naomi Osezele Aitomun
9. Prayer Oko Inyang
10. Safinaz Isma’il Gilima
11. Maryam Farouk Ismad
12. Elijah Isreal
13. Abdulkareem Abdulraheem Bolaji
14. Salsabeela Abubakar Bislava
15. Josiah Elijah
16. Tochukwu Iheme
17. Isaac Adakole

We also seek NEC approval to constitute the Council of the following Fora: Military Lawyers Forum, Police Lawyers Forum,  FRSC Lawyers Forum Legislative Lawyers’ Forum, Bar And Bench Forum and announce the names later after due consultation.

 

• Proposal To Lease Vacant Floors In NBA House As Well As Rent The Former NBA National Secretariat Located At Oro-Ago Crescent, Garki II, Abuja

We seek NEC’s approval to rent the vacant floors in the NBA Houses located at the Central Business District and the former NBA National Secretariat located at Oro-Ago Crescent, Garki 2, Abuja.

• Approval To Constitute Standing And Ad-Hoc Committees

We seek NEC’s approval to constitute standing Committees provided in the Constitution, and some ad-hoc Committees.

The standing Committees to be constituted are

(a) Judiciary Committee;

(b) Law Reform Committee;

(e) Rule of Law and Human Rights Committee (d) Ethics and Disciplinary Committee

(e) Legal Education Committee;

(f) Dispute Resolution Committee

(g) Welfare Committee;

(h) Finance Committee;

(i) General Purposes Committee;

(j) Secretariat Management Committee;

(k) Appointment and Remuneration Committee

(l) National Election Appeal Committee

1. m) Sections Election Appeal Committee; and

(n) Branch Elections Appeal Committees;

(o) Lawyers’ Wellness Committee

(p) Public And Fiscal Policy Reforms Committee

(q) Lawyers In Entertainment

(r ) Humanitarian Relief And Disaster Response Committee

(s) Corporate Responsibility And Social Impact Committee.

(t) Legal Innovation And Entrepreneurship Committee

(u) Disciplinary Committees for each geo-political region

(v) Prosecution Committee

(w) Future of Legal Practice

(x) Remuneration Committee of the Bar

(y) Regulatory Agencies Liaison Committee

(z) Security Agencies Relations Committee

(aa) Legislative Advocacy Committee

(bb) NBA Digital Committee

(cc) Labour & Workplace Committee

(d) Sports & Recreation Committee

(ee) Anti-Corruption Commitee

(ff) Editorial Board

 

The approval sought also includes the committees earlier referred to and the ones stated below:

 

10. Outstanding Members Of The General Council Of Bar

There are vacancies in the membership of the GCB from the East (0ne) and North (5). I hereby propose that we fill the same through nominations by this august body as there is no provision in the NBA Constitution as to how to proceed in the event of there being vacancies after the conclusion of the election into the General Council.

 

• Co-Opted NEC Members

We hereby propose for approval the list of the co-opted members not exceeding 150 (one hundred and fifty) comprised of the names contained in the list to be read at the meeting.

 

12. Body of Benchers

I propose that this August Body authorize us to fill the vacancies that exist in the NBA Representatives in the Body of Benchers. May I respectfully propose that in order to maintain a balance, Emeka Obegolu, SAN be nominated alongside Yakubu Chonoko Maikyau, SAN to file two existing vacancies that already exist in favour of the NBA. This shall supersede any prior resolution in this regard.

I also propose that we be authorisd to nominate four persons to replace four current representatives of the NBA who are due to become Life Benchers, in the event that the Body of Benchers approves that these four members of the Association become Life Benchers.

• State Of The Nation

Trial of minors for treason

The recent trial of some minors for alleged involvement in Nigeria’s #EndBadGovernance protests, which turned violent has drawn attention to the failure to provide juvenile detention facilities for such minors as well as the imperativeness of keeping such persons under humane conditions. The physical state of the minors and the stringent bail conditions imposed on the defendants including the children, bring to the fore systemic issues within Nigeria’s criminal and juvenile justice system and the need for reforms and enlightenment of police and the judiciary on the need to protect child rights in compliance with both national and international human rights standards. Many safeguards that ought to have been taken into consideration in the arrest, detention, treatment, and charging of these minors by both the police and the court were ignored. This therefore cast doubts as to whether the children can get fairness and justice from the police and court under the circumstances.

The country must take immediate remedial action to ensure that children are not unfairly subjected to extreme violations of the right to dignity of the human person and other inhuman treatment as well as slammed with charges like treason, which carry heavy penalties generally reserved for adult offenders accused of severe crimes against the state.

We, therefore, call for a reassessment of the appositeness of the charges, the combination of adults and children in the same charges, the venue of the trial of adults and children, the length of adjournment, the venue of the incarceration of the children, the onerous bail conditions, the health and nutrition of the children and a mass of other contemplations contained in the law concerning the treatment of Children when in conflict with the law.

Dangers of Holding Charge

NBA branches are to work with the Chief Judge of each state to ensure that no court, particularly magistrate courts, makes a remand order without taking steps to ensure that a charge is filed against a person to whom the order is made or that such a matter is periodically reviewed to avoid prolonged incarceration without trial or any charge being filed.  Over-crowding in most Correctional centres in Nigeria is large as a result of the majority of inmates serving time for pre-trial detention issues. Many law enforcement officers rush to secure remand orders against suspects without filing any charge in court. Thus, charges may never be filed against such persons and they sometimes spend a longer period than they would have spent if they were convicted and sentenced by a court.  The point must therefore be made that the practice of Holding Charge in the Nigerian Criminal Justice system is not an invention of law but an ingenuity created by Prosecutors to circumvent the provisions of Section 35(4) and (5) of the Constitution of Nigeria (CFRN, 1999 as amended). The lifespan of a Remand Order granted by the court is limited. Generally, it remains valid pending the receipt of a copy of the legal advice from the Attorney General of the Federation or State.

We must therefore ensure compliance with the laws in this regard. By Section 296(1) of the Administration of Criminal Justice Act, the duration of the order shall be in the first instance for a period not exceeding 14 days and adjourned within the same period. This provision implies that the Attorney General of the Federation shall within a period of 14 days of receipt of the Police case file issue serve his legal advice indicating whether or not there is a prima facie case against the defendant for which he can be prosecuted, as provided in Section 376(2), ACJA. Where on the return date, an application is made in writing upon good cause shown (reason),  requesting for extension, and the court is satisfied, the order may be extended for a further period of 14 days and adjourned the case within the same period, as provided in Section 296(2), ACJA. If at the expiration of the remand order above granted, the suspect is still in custody, a charge is not filed and trial not commenced, the court will issue a hearing notice to the authority in whose favour the remand order was made or the Attorney General of the Federation/Inspector General of Police/Commissioner of Police as the case may be to show cause why the suspect should not be unconditionally released and adjourn the matter for another 14 days, as provided in  Section 296(4), ACJA. We therefore have a bounden duty to insist on compliance with the law in this regard to avoid the court’s abuse of power to remand pending the filing of a charge.

Failure of Chief Magistrates and Judges to perform the duty of visiting police stations and Other Detention Facilities in the Country

It is believed that thousands of citizens are suffering in unlawful custody in many detention facilities/centres in all the States of the Federation. The Association no doubt has a crucial role to play in monitoring and ensuring that the requisite authorities carry out their statutory duties of inspecting Police Stations and other detention facilities in the various States of Nigeria and the FCT. Section 34 of the Administration of Criminal Justice Act, 2015, and section 70 of the Police Establishment Act, 2020 both impose a duty on every Chief Magistrate to visit all police stations in their jurisdiction at least once a month. During such visits, a Chief Magistrate is permitted to grant bail to detainees or order that they be arraigned in a competent court. Any officer found to have violated the rights of suspects and other detainees shall be reported to the appropriate authorities for necessary disciplinary action. In the same vein, High Court Judges are empowered to conduct visits to all other detention facilities in their jurisdiction to protect the rights of detainees therein.

As a result of the failure of Chief Magistrates and Judges to perform the duty of visiting police stations and other detention facilities in the country, the illegal arrest, detention, and extortion of poor and vulnerable citizens have been on the ascendancy throughout the country. The members of the Human Rights Committees of all the branches of the Nigerian Bar Association MUST put in place measures not only to ensure that Chief Magistrates and Judges perform the duty of visiting police stations and other detention facilities in the country but also accompany Chief Magistrates and Judges to visit police stations and other detention facilities in the country.

 

Need for each Police Divisions in Nigeria to have assigned to them at least a Police Officer who is a Legal Practitioner.

There is a need for us to embark on strong advocacy for strict adherence to the provisions of the Police Act which provides that each Police Divisions in Nigeria must have assigned to them at least a Police Officer who is a Legal Practitioner in line with Section 66 (3) of the Police Act 2020. The Nigerian Bar Association shall, as a matter of urgency, prevail on the Police Service Commission to employ and assign a legal practitioner to monitor the observance of human rights in each of the 5,000 police stations in Nigeria in accordance with section 66 of the Police Establishment Act, 2020.

Official Visitors Required To Visit And Inspect The Wards, Cells, Yards And Other Apartments Or Divisions Of The Custodial Centre

By virtue of section 21 of the Correctional Services Act of 2019, official visitors of custodial centers in Nigeria include the Heads of Courts, the President, and other executive members of the Nigerian Bar Association. The official visitors are required to visit and inspect the wards, cells, yards, and other apartments or divisions of the Custodial Centre; receive complaints, if any, of the inmates; and call the attention of the Superintendent to any irregularity in the administration of the Custodial Centre or structural defects which may require urgent attention.

“Closure” of Enugu, Owerri, and Awka Divisions of the Court of Appeal

The Court of Appeal, Owerri Division recently announced a temporary closure to lawyers and litigants from Monday, October 28th, to Friday, November 1st, 2024, due to security concerns. A press release signed by the Deputy Chief Registrar informed lawyers, litigants, and members of the public of this sudden change. The notice cited security concerns as the compelling reason for postponing sittings. “ According to the press release,

“Despite the fact that we have issued a HEARING Notice against 28th of October to 1st November, we are compelled by some security concerns to postpone the sitting this week. All Hearing Notices issued stand to be canceled”.

The closure has equally affected the Enugu and Awka Divisions of the Court leaving lawyers and litigants who may have urgent applications or whose matters are due for hearing at a loss about what to do. Not much has been said about when the Courts would open or what would happen to pending cases or where and how parties and their lawyers can file processes. We therefore remind the Governors of the south-eastern states that the primary purpose of the government is the security and welfare of the people.

We respectfully urge the Governors to assert the authority of the state and ensure by their words and actions that the security of lives and property of the people, particularly that of judicial officers who man various courts in the region are guaranteed. They must show the ability of the states not only to govern but to protect and secure the people. The south-east cannot afford to have the three divisions of the Court of Appeal shut down. All hands must be on deck to do the needful to ensure that these divisions of the Court function.

Need to Promote Lawyers in the Police Who Are in Other Ranks to the Officer Cadre

Some of our colleagues serving in the Nigeria Police Force have been left to languish in other ranks without promotion to officer ranks, notwithstanding that they provide services as lawyers. The plight of these our colleagues who are in rank and files personnel in the Nigeria Police Force worries us. They have qualified as lawyers, but the police authority has not recognised their new status. This is unlike their colleagues who qualified as medical doctors, engineers, and pilots. The latter categories have since been elevated to senior ranks. Police Lawyers were made to write ASCON examination with other junior officers with qualifications like HND and Degree since January 2015, and there is no result till date. Even though sometimes ago their names were  forwarded to the Police Service Commission, PSC, headed by former IGP, Mr. Mike Okiro, who is a law graduate, nothing  happened since 2016 when the names were submitted to the PSC.

These policemen lamented that numerous efforts made to ensure the promotion of junior police lawyers who are in grade levels 4, 5, 6 & 7 have not yielded positive result. They described their situation as “deprivation, marginalization and discrimination against the inspectors/rank and files lawyers in the Nigeria Police, who are the ‘foot soldiers’ in the Police.  According to them, “We go to every length and breath of the country to defend civil suits against the Police, as well as prosecute criminal cases. We work under pitiable conditions, wherein we use our personal meagre resources to buy books and law reports needed for our effective performance in the courts, due to the absence of library in the State Commands of the Force,” they stated.

We will therefore constructively engage with the Police Service Commission and the Nigeria Police Force to address their “sorry status” the Inspector General of Police who I am informed has taken up the issue with the Police Service Commission. I am also reliably informed that the names of those who are truly practicing in the Legal Section of the Force have been compiled and forwarded to the Police Service Commission. The Nigerian Bar Association will take up the fight for proper placement of these qualified lawyers, just like the Doctors and medical Section of the Force, who have been placed on appropriate levels. We will never get tired of advocating for similar placement for the practicing qualified lawyers in the Nigeria Police Force. In fact, The NBA therefore insists that these policemen deserve promotion to senior ranks as this will not only enhance their career progression but also ensure that their skills and expertise are fully utilized in the service of the nation.

 

Crackdown on Peaceful Protesters

There is a need to emphasise the need to respect the right to peaceful protests. It is important to acknowledge the growing calls from citizens for better governance, accountability, and respect for human rights. The protests by whatever name called highlight the ongoing demand for positive change. It is the right of every Nigerian to peacefully express their views and seek better governance without fear of harassment or intimidation. The NBA stands firmly in support of the principles of democracy, freedom of speech, and peaceful assembly, which are enshrined in our Constitution. We call on law enforcement agencies to exercise restraint and uphold the law by ensuring that citizens are free to express their views peacefully. In light of this, the NBA reaffirms its commitment to protecting the fundamental rights of all Nigerians.

 

Proposed Constitutional Amendment to take away the powers of the National Judicial Council (NJC) to make recommendations to the Governor for the appointment of judicial officers of the State High Court, Sharia Court of Appeal, and Customary Court of Appeal.

There is currently a proposal to amend the Constitution of the Federal Republic of Nigeria (Alteration) Bill, 2023 which seeks to take away the powers of the National Judicial Council (NJC) to make recommendations to the Governor for the appointment of judicial officers of the State High Court, Sharia Court of Appeal, and Customary Court of Appeal, and empower the State Judicial Service Commission to directly advise the Governor on the appointment of judicial officers for the State Judiciary. It also seeks to transfer the powers of the NJC to discipline judicial officers, recommend judicial officers for removal and manage the monies of the judiciary, to the State Judicial Service Commission. Specifically, the bill seeks to amend Sections 271, 276, and 281 of the 1999 Constitution, to transfer the appointment and disciplinary control of Chief Judges of State High Courts, Grand Kadis of Sharia Courts of Appeal, and Presidents of Customary Courts of Appeal as well as their respective judges.

Under the proposed amendments, disciplinary control over judges and heads of the Courts would shift to the Governor, on the advice of the SJSC and with approval from the House of Assembly. This grants the executive branch significant power not only over who is appointed to the judiciary but also over which judges may be disciplined or removed. These proposed amendments raise serious concerns about judicial independence. Judges who issue rulings unfavourable to the Governor or the state government could face disciplinary action or removal, thereby creating a chilling effect on judicial independence. We believe that if the proposed amendments pass, judges may feel pressured to issue decisions that align with the executive’s interests to avoid retaliation or dismissal, thereby compromising their ability to adjudicate cases fairly and impartially. For instance, in politically sensitive cases such as electoral disputes, land disputes, or cases involving high-profile politicians, judges may face undue pressure from the Governor or politicians to rule in a particular way. Those who refuse to comply may be removed under the guise of disciplinary control, further weakening the judiciary’s independence.

We are therefore of the view that these powers should NOT be taken away from the NJC. If one can conjecture from the ways the State Governors have largely emasculated the Local Government system by ensuring that they are denied democratic government as well as their financial autonomy despite clear Constitutional safeguards backed up by judicial decisions, one will be right in concluding that Governors would abuse the power and make the State Judiciary an appendage of the Executive. The devolution of the powers to the States will yet again usher in a situation where judges will be owed salaries and pensions after retirement. The proposed amendment will reverse the gain of the recent alteration to Section 291(3) of the Constitution which guarantees the pension benefits of judicial officers by providing that all pensions, allowances, and other retirement benefits of judicial officers shall be charged upon the Consolidated Revenue fund of the Federation and paid directly by the National Judicial Council (NJC). This alteration to Section 291(3) of the Constitution addressed the situation where payment of retirement benefits of State Judges was left to the state governments to handle, and in many cases, these retirement benefits were owed or delayed by the States and would be lost in many states.

Fuel Price Hike- Nigerian Government Must be Sensitive to Plight of Nigerians

The recent increase in the price of Premium Motor Spirit (PMS) by the Nigerian National Petroleum Company Limited (NNPCL) continues to have severe effects, with fuel prices affecting supply and logistics, power generation, transportation, and factory operations. This sharp rise in price of petrol further exacerbates the economic hardships faced by Nigerians, particularly those already struggling to make ends meet. Fuel price increases have a cascading effect on virtually every aspect of daily life in Nigeria. The costs of living, transportation, food, and other goods and services which have been on the continuous rise will become even more unaffordable. The cost of doing business skyrockets, prices of goods continue to rise, some firms shut down due to low demand in the face of weakening consumer purchasing power, many businesses run at negatives, which would lead to an increase in non-performing loans, many corporate organisations could lose the services of their skilled workers who could likely emigrate to foreign countries in search of greener pastures etc.

The NBA earlier issued a statement strongly opposing the fuel price hike from N617 to N900 per litre. At that time, we highlighted the severe financial strain this imposed on the average Nigerian household, and the latest increase only compounds these difficulties. Such drastic adjustments to fuel prices, with no adequate mitigating measures or economic relief, signal a disturbing trend of disregard for the welfare of the Nigerian populace. The much-needed tax breaks and social assistance programs are yet to be implemented. People are groaning and life has become more difficult. The NBA is particularly concerned that such decisions continue to be made without transparent consultation or dialogue with relevant stakeholders, including civil society and the private sector. The government’s seeming disregard for the suffering of the people is troubling. Nigerians deserve better— they deserve a government that prioritizes their well-being and takes into account the real-world implications of its policies on the populace.

We therefore call on the government to immediately take steps to reverse or stop this continuing increase and urgently implement measures that cushion the effect of rising fuel prices. This should include investment in local refining capacity, public transportation, reduced taxation of the income of low-income earners, repair of public roads, improved security so farmers can farm and evacuate their farm products, transparent fuel pricing mechanisms, and broader economic policies aimed at reducing poverty and providing sustainable solutions to Nigeria’s energy challenges.

The NBA remains committed to advocating for policies that promote justice, fairness, and equity for all Nigerians. We reiterate our position that the government must prioritize the welfare of the people and ensure that economic policies do not deepen poverty or further marginalize the most vulnerable in society.

 

Oil Theft In Nigeria

Crude oil theft in Nigeria is an issue with far-reaching implications for the nation’s economy, politics, and society. This problem is not just about the theft of a valuable resource but reflects deeper fundamental issues within the country’s leadership and governance. Despite being a major oil producer, Nigeria suffers from rampant oil theft due to inadequate enforcement of security measures and regulatory policies, corruption, and a lack of political will. Each year, billions of dollars are lost to the illegal siphoning of oil, significantly impacting national revenue and destabilizing the economy. These losses have a direct effect on the government’s capacity to fund essential services and invest in infrastructure development.

As oil theft erodes public funds, its social and political impact deepens Nigeria’s already existing challenges. The stolen wealth enriches those who abuse their official positions to facilitate oil theft or individuals involved in the illegal trade, perpetuating cycles of corruption and inequality. While the well-connected few benefit, ordinary Nigerians face worsening poverty and disillusionment, as they struggle with diminished public services and increased distrust toward leadership. This deep-seated frustration contributes to an environment where social divides grow, and the country’s aspirations for an equitable and just society feel increasingly distant.

There are serious allegations suggesting that some government officials may be complicit in oil theft. Evidence, such as a video allegedly showing Nigerian Navy vessels protecting oil theft operations, raises concerns about collusion between state authorities and those engaging in oil theft. The existence of such evidence highlights a serious problem where officials entrusted with safeguarding national resources might instead be facilitating their exploitation. Such collusion not only aggravates the oil theft issue but also severely damages public trust in governmental institutions. The knowledge that officials may be undermining efforts to combat theft highlights a pressing need for accountability and transparent investigations. Without addressing these issues of complicity, any measures to combat oil theft are likely to be ineffective.

Despite the gravity of the situation and the urgency of proposed solutions, the Nigerian government’s response to oil theft continues to be largely inadequate. Clear evidence of theft and calls for action from civil society organizations have yet to result in comprehensive government reform or enforcement. Civil society’s role in highlighting the problem and demanding accountability has been vital, but without government action, these efforts alone cannot resolve the crisis. Addressing oil theft requires not only transparency and strong leadership but also reforms that engage local communities and prevent complicity among officials.

Ultimately, crude oil theft in Nigeria is not just a problem of enforcement or policy. It is also a problem of leadership, transparency, and accountability. Without a genuine commitment from those in power to tackle this crisis, the cycle of theft and inequality will only continue. Nigeria’s oil should be a shared blessing, not a source of division and exploitation. Solutions such as compensating landowners in oil-producing regions could help deter theft by aligning community interests with national priorities. Addressing these challenges with integrity and a sense of shared purpose is essential if the country is to benefit from its oil wealth in a way that supports all Nigerians, not just a select few. Only through strong, transparent, and responsive leadership can Nigeria hope to harness its oil wealth for the benefit of all its citizens, paving the way toward a more just and prosperous society. The NBA has a role to play in this regard. The NBA Branches in the oil-producing areas should embark on advocacy work to help stem  this activity that does Nigeria no good.

 

I thank you all for making it to this crucial meeting, as we chart a way forward for our dear association.

 

Mazi Afam Osigwe, SAN

November 7, 2024