My attention was drawn to the statements of our noble and able
leader, Abubakar Balarabe Mahmoud OON, SAN, which he made at
the formal inauguration of nine (9) technical committees of the NBA
amongst which is the Disciplinary committee of the NBA. Mr.
Abubakar whilst furnishing his speech said and I quote:
“I like to say that we have had serious challenges
of indiscipline and I like our members to reflect on this …These
challenges bother on unruly behaviors which are contrary to the
entrenched traditions of the profession…These issues
include discipline, respect for elders in the profession, seniority
and decorum. I like to say that many of us are deeply
concerned and have been despondent at the turn of events…At
times some lawyers make hateful comments against their leaders,
against their senior colleagues. This is very unacceptable. We will
really put a stop to this.”
The above statement of Mr. President is reflective of the fact
that perchance the current administration has at some point spotted
some acts which seem to amount to disrespect. In emphasizing this,
Mr. President narrated or should say he spoke about what he
experienced in Osun State. According to him:
“I went to Osun State about two months ago and was
confronted with serious issues of indiscipline perpetrated by our
members who showed gross indiscipline to the Chief Judge,
barricading the Chief Judge from entering the court premises. This
is most unacceptable. I will plead with our members to show utmost
restraint, utmost discipline and utmost respect.”
Court decorum and general respect for constituted authorities of
which the Bench is part of, is a fundamental duty of any
responsible legal practitioner and it is this cause that must have
propelled the authorities to make regulations, rules and as well
established bodies to checkmate the excesses of disrespect. And
such bodies, I must say we have many for the now. Sure, discipline
is what shapes us. However, while the desire to discipline erring
legal practitioners remains a priority for such bodies, I do not
think that such task is to cross-beat rights and ranks.
If I may, let me refresh the eyes that read these letters to
those once bolded above by reproducing same and as well move a step
further by highlighting a part of the speech which catches my
curiosity for most.
“These issues include discipline, respect for elders
in the profession, seniority and decorum.. At times some lawyers
make hateful comments against their leaders, against their senior
colleagues. This is very unacceptable. We will really put a stop to
this…. Let me remark about comments we receive on
social media. While we live in an era of social media, we, as
lawyers must be careful about comments we make in the social media
about our profession. Let us be advocates of discipline, let’s be
advocates of decorum and let’s be advocates of
decency.”
These words are of interest to me in the above comments: Elders,
seniors (seniority) and leaders. An elder could be a junior, and a
junior, a senior. A junior could be a leader, and a follower a
senior. This is the perfect design of the Bar and Bench, and can
never be derogated from. Thus at one point or the other, there
seems to be a kind of ordeal in this order. But in all, the
seniors, the elders and the leaders must be respected. But as this
is a necessity, the law also does not fail to strike a balance. So
as the young lawyers are bound to respect the senior, I am also
aware that Rule 26 of the RPC, 2009 has enjoined the seniors as
well to treat other lawyers with respect, on the basis of
equality of status. I guess this should mean that
where a senior breaches this rule, the Disciplinary Committee of
the NBA would take up the challenge to also discipline such seniors
since they have been inaugurated for disciplinary purposes. If
yes, that is if this is a matter of discipline, why
then is the emphasis on elders, seniors, and leaders?
It seems as if the Committee was instituted against the juniors at
the bar; that is to say, the juniors to the senior, the followers
to the leaders and the juniors to the elders; especially those who
wear the beautiful gown of boldness to speak against what they
perceive as the ills in the legal profession. But I am happy that
such boldness is exhibited by the elderly in the Bar as well. The
murmuring does not end in the lips of the youngsters alone.
Shifting a bit let me speak on the issue of social media
comments. Leaders are meant to live by examples, right? Like a
famous writer said: When the elder becomes too careless, the
children will end up seeing the grey hair as a mere
decoration. No one called to the Nigerian Bar is a baby at the
Bar. At least an average lawyer who is a day old knows his rights
and how to enforce them. Making any attempt to monitor social media
comments or even curb it will result to a battle between the
Disciplinary Committee and the Fundamental right to freedom of
Expressions and not even the Makers of the comments as many may
transport their mind to. Makers of comments will see it as a likely
contravention of their right to freely express themselves, a fight
against constructive criticism. And sure, I see it as one.
There are only a few who have made such an attempt and those few
ended up being criticized. Right to freedom of expression (Speech)
is a right recognized in most Human Right Instruments, including
the Universal Declaration of Human Right, even our own Nigerian
1999 Constitution as amended. It is a very technical right and
should be carefully dealt with. Although I cannot eliminate my
legal thoughts from the literal fact that where one man’s right
ends, the right of another begins, I believe in all sincerity that
there are the rules of contempt and defamation; they can take care
of such excesses. I believe the more that the already established
bodies that are to carry out disciplinary actions against legal
practitioners are doing enough to handle disrespectful counsel and
as well as those who engage in some forms of misconduct. Therefore,
for the Disciplinary Committee of the NBA to delve into the arena
of freedom of expression to become actors of this technical movie
all in the name of exercising their disciplinary role give birth to
nothing but dawning doom for them; it is a murky tunnel which end
can ever be seen. Similar fate met the famous “Bill for an act to
prohibit Frivolous Petitions and Other Matters Connected
therewith”, which triggered public outcry against its ideology. And
when the whole federation battled against the Nigerian Senate, the
Bill died a natural death.
As an association, NBA should threat members with the insignia
of brotherhood and mentorship of court decorum through its
Continuing Legal Education Programme which it is mandated to
operate. Taking up the task of trying to discipline members with
respect to social media comment is riding a horse on a coal-road
instead of using a car. In other words, while I maintain that NBA
may be fighting a technical war, I am also saying that NBA is
carrying the wrong gun in the wrong war. NBA should busy itself
with other matters of importance and not engaging itself in a
social media war. The legal profession needs steady growth on the
welfare of lawyers which is yet to be celebrated, thus seeking to
battle social media comments is an attempt to battle criticism, and
I bet, NBA will definitely lose this war.
On this note, I must say that if he who comments is right, then
more should be done to see that he who is right remains right. This
is definitely what is right. This is because if what is right is
not all about who is right, then I wonder when who is right becomes
right. I speak against the long spoken and believed fallacy which
Mr. President himself said, which is “It is not about who is right
but about what is right and appropriate for our profession.” Never
can it be right to fight against constructive criticism. It is
right to criticize, and he who criticizes constructively is
right.
We are intolerant of criticism…..But…..Criticism, like rain,
should be gentle enough to nourish a man’s growth without
destroying his roots.
USA based lawyer and Activist, Ifeanyi Ibo: ifibo@gmail.com
My attention was drawn to the statements of our noble and able
leader, Abubakar Balarabe Mahmoud OON, SAN, which he made at
the formal inauguration of nine (9) technical committees of the NBA
amongst which is the Disciplinary committee of the NBA. Mr.
Abubakar whilst furnishing his speech said and I quote:
“I like to say that we have had serious challenges
of indiscipline and I like our members to reflect on this …These
challenges bother on unruly behaviors which are contrary to the
entrenched traditions of the profession…These issues
include discipline, respect for elders in the profession, seniority
and decorum. I like to say that many of us are deeply
concerned and have been despondent at the turn of events…At
times some lawyers make hateful comments against their leaders,
against their senior colleagues. This is very unacceptable. We will
really put a stop to this.”
The above statement of Mr. President is reflective of the fact
that perchance the current administration has at some point spotted
some acts which seem to amount to disrespect. In emphasizing this,
Mr. President narrated or should say he spoke about what he
experienced in Osun State. According to him:
“I went to Osun State about two months ago and was
confronted with serious issues of indiscipline perpetrated by our
members who showed gross indiscipline to the Chief Judge,
barricading the Chief Judge from entering the court premises. This
is most unacceptable. I will plead with our members to show utmost
restraint, utmost discipline and utmost respect.”
Court decorum and general respect for constituted authorities of
which the Bench is part of, is a fundamental duty of any
responsible legal practitioner and it is this cause that must have
propelled the authorities to make regulations, rules and as well
established bodies to checkmate the excesses of disrespect. And
such bodies, I must say we have many for the now. Sure, discipline
is what shapes us. However, while the desire to discipline erring
legal practitioners remains a priority for such bodies, I do not
think that such task is to cross-beat rights and ranks.
If I may, let me refresh the eyes that read these letters to
those once bolded above by reproducing same and as well move a step
further by highlighting a part of the speech which catches my
curiosity for most.
“These issues include discipline, respect for elders
in the profession, seniority and decorum.. At times some lawyers
make hateful comments against their leaders, against their senior
colleagues. This is very unacceptable. We will really put a stop to
this…. Let me remark about comments we receive on
social media. While we live in an era of social media, we, as
lawyers must be careful about comments we make in the social media
about our profession. Let us be advocates of discipline, let’s be
advocates of decorum and let’s be advocates of
decency.”
These words are of interest to me in the above comments: Elders,
seniors (seniority) and leaders. An elder could be a junior, and a
junior, a senior. A junior could be a leader, and a follower a
senior. This is the perfect design of the Bar and Bench, and can
never be derogated from. Thus at one point or the other, there
seems to be a kind of ordeal in this order. But in all, the
seniors, the elders and the leaders must be respected. But as this
is a necessity, the law also does not fail to strike a balance. So
as the young lawyers are bound to respect the senior, I am also
aware that Rule 26 of the RPC, 2009 has enjoined the seniors as
well to treat other lawyers with respect, on the basis of
equality of status. I guess this should mean that
where a senior breaches this rule, the Disciplinary Committee of
the NBA would take up the challenge to also discipline such seniors
since they have been inaugurated for disciplinary purposes. If
yes, that is if this is a matter of discipline, why
then is the emphasis on elders, seniors, and leaders?
It seems as if the Committee was instituted against the juniors at
the bar; that is to say, the juniors to the senior, the followers
to the leaders and the juniors to the elders; especially those who
wear the beautiful gown of boldness to speak against what they
perceive as the ills in the legal profession. But I am happy that
such boldness is exhibited by the elderly in the Bar as well. The
murmuring does not end in the lips of the youngsters alone.
Shifting a bit let me speak on the issue of social media
comments. Leaders are meant to live by examples, right? Like a
famous writer said: When the elder becomes too careless, the
children will end up seeing the grey hair as a mere
decoration. No one called to the Nigerian Bar is a baby at the
Bar. At least an average lawyer who is a day old knows his rights
and how to enforce them. Making any attempt to monitor social media
comments or even curb it will result to a battle between the
Disciplinary Committee and the Fundamental right to freedom of
Expressions and not even the Makers of the comments as many may
transport their mind to. Makers of comments will see it as a likely
contravention of their right to freely express themselves, a fight
against constructive criticism. And sure, I see it as one.
There are only a few who have made such an attempt and those few
ended up being criticized. Right to freedom of expression (Speech)
is a right recognized in most Human Right Instruments, including
the Universal Declaration of Human Right, even our own Nigerian
1999 Constitution as amended. It is a very technical right and
should be carefully dealt with. Although I cannot eliminate my
legal thoughts from the literal fact that where one man’s right
ends, the right of another begins, I believe in all sincerity that
there are the rules of contempt and defamation; they can take care
of such excesses. I believe the more that the already established
bodies that are to carry out disciplinary actions against legal
practitioners are doing enough to handle disrespectful counsel and
as well as those who engage in some forms of misconduct. Therefore,
for the Disciplinary Committee of the NBA to delve into the arena
of freedom of expression to become actors of this technical movie
all in the name of exercising their disciplinary role give birth to
nothing but dawning doom for them; it is a murky tunnel which end
can ever be seen. Similar fate met the famous “Bill for an act to
prohibit Frivolous Petitions and Other Matters Connected
therewith”, which triggered public outcry against its ideology. And
when the whole federation battled against the Nigerian Senate, the
Bill died a natural death.
As an association, NBA should threat members with the insignia
of brotherhood and mentorship of court decorum through its
Continuing Legal Education Programme which it is mandated to
operate. Taking up the task of trying to discipline members with
respect to social media comment is riding a horse on a coal-road
instead of using a car. In other words, while I maintain that NBA
may be fighting a technical war, I am also saying that NBA is
carrying the wrong gun in the wrong war. NBA should busy itself
with other matters of importance and not engaging itself in a
social media war. The legal profession needs steady growth on the
welfare of lawyers which is yet to be celebrated, thus seeking to
battle social media comments is an attempt to battle criticism, and
I bet, NBA will definitely lose this war.
On this note, I must say that if he who comments is right, then
more should be done to see that he who is right remains right. This
is definitely what is right. This is because if what is right is
not all about who is right, then I wonder when who is right becomes
right. I speak against the long spoken and believed fallacy which
Mr. President himself said, which is “It is not about who is right
but about what is right and appropriate for our profession.” Never
can it be right to fight against constructive criticism. It is
right to criticize, and he who criticizes constructively is
right.
We are intolerant of criticism…..But…..Criticism, like rain,
should be gentle enough to nourish a man’s growth without
destroying his roots.
USA based lawyer and Activist, Ifeanyi Ibo: ifibo@gmail.com
Read more https://nairalaw.com/war-against-social-media-comments-nba-fighting-the-wrong-war/