I have been asked by many non-lawyers what lawyers do when they
gather every year at the NBA conferences. Some think it is a ritual
where lawyers converge to renew their sacred Oaths, others feel it
is a resurgence where lawyers are reminded of their role in the
development of human society and the promotion of the brotherhood
of man that transcends the sovereignty of nations.
We are seen by non-lawyers in made shades depending structurally by
our dealings with lawyers. The ones who have engaged lawyers who
handled their cases diligently leaves with a positive impression
about the profession and the lawyers, conversely those whose cases
were not properly handled or those who contributed to making their
cases difficult for the lawyers to handle by their actions or
inactions leaves with negative impression about us.
It is in the light of the aforementioned realities that I feel
inspired to craft this article, reminding lawyers of their most
trenchant obligations to society and why NBA conferences should lay
more emphasis on this very crucial obligations. It is trite to note
that every institution is a mental construct designed to enhance
the greater good of the larger populace of the human society than
any other interest. As long as man is the measure of all things and
law remains the highest reasoning embedded by nature which permits
what should be done and forbids the contrary, lawyers and the
institution that regulates their conduct are thereby set up to at
all times accentuate the positive, promote justice and assist the
downtrodden to improve status of society.
This year’s NBA conference should among other things address
issues particularly working against the common good of the Nigerian
society and not to engage solely on elitist endeavors which
government in Nigeria spent their time and resources on. If the
judiciary is truly the last hope of the common man then her
activities must at all times address the devious issues militating
against his well-being. The common man have no place in the scheme
of things, in the current Nigerian socioeconomic and dynamic
structure. His life revolves around survival, government has since
extricated herself from the plight of the common man. He in turn
embraces religion and with little or no education he becomes
susceptible to all kinds of ideologies that grows into questioning
the sovereignty and order of the Nigerian state.
Lawyers at the conference should find a way of thinking through
and recommend to government how best to manage the IDPs across the
country which is the aftermath of insurgents attack on the common
man. In one of my visits to the IDP I was confronted with a bigger
problem. Most of the children born in and during the process of
their displacement have not known any other way of life except for
the situation they found themselves. There are no decent toilets at
the IDPS, water is a luxury, security is porous and the hardship is
endless. Government hasn’t done enough and I think lawyers should
talk about this. Section 14 (2) of the 1999 constitution says,”
It is hereby, accordingly, declared that –
Sovereignty belongs to the people of Nigeria from whom
government through this Constitution derives all its powers and
authority;
The security and welfare of the people shall be the primary
purpose of government; and
The participation by the people in their government shall be
ensured in accordance with the provisions of this Constitution.
I am aware that the above provisions fall under chapter two of
the constitution and the general rule is that matters thereon are
not juticeable but if you know this that chapter two of the
constitution is no longer what it use to be given that many
independent legislations have sprang out of this part which by
holistic extension and diligent process, actions can be
deliberately found on this ground. If lawyers fail in this, just
like the government, then it will be safe to say that we have not
place to call society anymore. We would have failed the common man
whose hope is anchored on the judiciary as the last of it all.
There’s an upsurge in the spite of kidnapping, the discoveries
of kidnap dens and ritual killings across the country in recent
times and the worse hit are the common men. To start with, at the
risk of not making excuses for them, the police is underfunded, the
criminal justice system suffers and the administration of justice
is thereby dragged to the mud. Lawyers are therefore reminded to
take a deeper look into the situation as a profession that watches
after society and then proffer expedient solutions to the myriads
of problems faced daily by Nigerian. If not for anything but for
the fact that lawyers are equally victims of these ugly incidences
in our societies.
The corruption in the judiciary has almost ruin the profession
and this remains an embarrassing moment to us all. In the last two
years, we have witness the decline in value and regard for the
profession on account of corruption and this is to say the least
most unfortunate. It was that bad that judges homes were raided at
the dead of the night through what was referred to as ‘sting’
operation by the economic and financial crimes commission (EFCC).
The allegation of corruption never succeeded because the commission
was rather not coordinated or so it seems. But the bottom lines is
that our constituency was ridiculed on account of allegations that
was never further proven. One would rather had thought this year’s
conference should be addressing and emphasizing these issues.
Perhaps they will, it is important they do. The institutions of
state must all uphold the tenet of civility for the purpose of
promoting a better society.
Let us address the exploitation of lawyers by judicial officers.
It is practically impossible to file a process in our courts or get
anything done without giving gratification. The prosecutors wants
bribe, the registrars won’t move until you move them. What about
filing process? In Lagos State, filing at the magistrate and the
high court’s costs so much that one is wondering if these charges
were actually fixed by the state. The fees are out of this world
and when you tell a client what the situation is they are sometimes
discouraged from pursuing their cases. This year’s conference
should address these issues dispassionately and let us have a
proper judicial system that will respond to the needs and
aspiration of lawyers, litigants and the larger Nigerian
communities.
Evans Ufeli is a Lawyer in Nigeria; a public
affairs analyst on Television and Radio, art enthusiast, writer and
columnist. He is a human rights attorney championing
the course for the liberation of the suffering masses of this
world.
I have been asked by many non-lawyers what lawyers do when they
gather every year at the NBA conferences. Some think it is a ritual
where lawyers converge to renew their sacred Oaths, others feel it
is a resurgence where lawyers are reminded of their role in the
development of human society and the promotion of the brotherhood
of man that transcends the sovereignty of nations.
We are seen by non-lawyers in made shades depending structurally by
our dealings with lawyers. The ones who have engaged lawyers who
handled their cases diligently leaves with a positive impression
about the profession and the lawyers, conversely those whose cases
were not properly handled or those who contributed to making their
cases difficult for the lawyers to handle by their actions or
inactions leaves with negative impression about us.
It is in the light of the aforementioned realities that I feel
inspired to craft this article, reminding lawyers of their most
trenchant obligations to society and why NBA conferences should lay
more emphasis on this very crucial obligations. It is trite to note
that every institution is a mental construct designed to enhance
the greater good of the larger populace of the human society than
any other interest. As long as man is the measure of all things and
law remains the highest reasoning embedded by nature which permits
what should be done and forbids the contrary, lawyers and the
institution that regulates their conduct are thereby set up to at
all times accentuate the positive, promote justice and assist the
downtrodden to improve status of society.
This year’s NBA conference should among other things address
issues particularly working against the common good of the Nigerian
society and not to engage solely on elitist endeavors which
government in Nigeria spent their time and resources on. If the
judiciary is truly the last hope of the common man then her
activities must at all times address the devious issues militating
against his well-being. The common man have no place in the scheme
of things, in the current Nigerian socioeconomic and dynamic
structure. His life revolves around survival, government has since
extricated herself from the plight of the common man. He in turn
embraces religion and with little or no education he becomes
susceptible to all kinds of ideologies that grows into questioning
the sovereignty and order of the Nigerian state.
Lawyers at the conference should find a way of thinking through
and recommend to government how best to manage the IDPs across the
country which is the aftermath of insurgents attack on the common
man. In one of my visits to the IDP I was confronted with a bigger
problem. Most of the children born in and during the process of
their displacement have not known any other way of life except for
the situation they found themselves. There are no decent toilets at
the IDPS, water is a luxury, security is porous and the hardship is
endless. Government hasn’t done enough and I think lawyers should
talk about this. Section 14 (2) of the 1999 constitution says,”
It is hereby, accordingly, declared that –
Sovereignty belongs to the people of Nigeria from whom
government through this Constitution derives all its powers and
authority;
The security and welfare of the people shall be the primary
purpose of government; and
The participation by the people in their government shall be
ensured in accordance with the provisions of this Constitution.
I am aware that the above provisions fall under chapter two of
the constitution and the general rule is that matters thereon are
not juticeable but if you know this that chapter two of the
constitution is no longer what it use to be given that many
independent legislations have sprang out of this part which by
holistic extension and diligent process, actions can be
deliberately found on this ground. If lawyers fail in this, just
like the government, then it will be safe to say that we have not
place to call society anymore. We would have failed the common man
whose hope is anchored on the judiciary as the last of it all.
There’s an upsurge in the spite of kidnapping, the discoveries
of kidnap dens and ritual killings across the country in recent
times and the worse hit are the common men. To start with, at the
risk of not making excuses for them, the police is underfunded, the
criminal justice system suffers and the administration of justice
is thereby dragged to the mud. Lawyers are therefore reminded to
take a deeper look into the situation as a profession that watches
after society and then proffer expedient solutions to the myriads
of problems faced daily by Nigerian. If not for anything but for
the fact that lawyers are equally victims of these ugly incidences
in our societies.
The corruption in the judiciary has almost ruin the profession
and this remains an embarrassing moment to us all. In the last two
years, we have witness the decline in value and regard for the
profession on account of corruption and this is to say the least
most unfortunate. It was that bad that judges homes were raided at
the dead of the night through what was referred to as ‘sting’
operation by the economic and financial crimes commission (EFCC).
The allegation of corruption never succeeded because the commission
was rather not coordinated or so it seems. But the bottom lines is
that our constituency was ridiculed on account of allegations that
was never further proven. One would rather had thought this year’s
conference should be addressing and emphasizing these issues.
Perhaps they will, it is important they do. The institutions of
state must all uphold the tenet of civility for the purpose of
promoting a better society.
Let us address the exploitation of lawyers by judicial officers.
It is practically impossible to file a process in our courts or get
anything done without giving gratification. The prosecutors wants
bribe, the registrars won’t move until you move them. What about
filing process? In Lagos State, filing at the magistrate and the
high court’s costs so much that one is wondering if these charges
were actually fixed by the state. The fees are out of this world
and when you tell a client what the situation is they are sometimes
discouraged from pursuing their cases. This year’s conference
should address these issues dispassionately and let us have a
proper judicial system that will respond to the needs and
aspiration of lawyers, litigants and the larger Nigerian
communities.
Evans Ufeli is a Lawyer in Nigeria; a public
affairs analyst on Television and Radio, art enthusiast, writer and
columnist. He is a human rights attorney championing
the course for the liberation of the suffering masses of this
world.
Read more https://nairalaw.com/the-nba-annual-general-conference-the-missing-point-by-evans-ufeli-esq/