A. B. Mahmoud OON, SAN President, Nigerian Bar
Association has once more recounted the achievements so far
actualized by the current administration in rebuilding the Bar for
a better legal profession.
This, the Bar leader did in his remarks to the NBA Bar leaders
Consultative Forum on the reform of the bar held in Abuja on the
26th day of February, 2018.
The bar leader in appreciating those present for honouring the
invitation in a short period of time, stated that the current way
the Bar is structured is faulty.
According to him, he doubts if there is anyone among them who is
satisfied with the state of the legal profession in Nigeria
today.
To him, they are at that juncture in history when they must
reinvent the legal profession.
“We need to reform our profession and raise its standards. We must
strengthen our disciplinary processes, raise ethical standards and
create more opportunities for its members whilst building
confidence of the ordinary consumers of legal services in the
country. We need a legal profession that will be a veritable tool
for national development. A legal profession that will spearhead
our national renaissance by upholding the rule of law ensuring that
governments at all levels are held to the highest standards of
responsibility and accountability.”
“Unfortunately, the Nigerian Bar Association as presently
structured and managed cannot provide that leadership expected to
produce these outcomes. Our profession is not well regulated. Entry
into the profession has become a free for all affair. Those who
fail to make it to other professions find their way into the legal
profession where they perceive that prospects of riches abound.
Standards have thus plummeted. Ethical standards are not well
maintained. Complaints against our members are not promptly and
expeditiously dealt with. The younger members of the profession
feel abandoned by the elders. Whilst the young members do not feel
bound by the hallowed traditions of the bar. Every day we see our
profession and its leaders being denigrated in the new media: the
social media. In short, no conduct is beneath some of us’, he
said.
The president then spoke about the case of Mr. Philips who
accused the NBA of giving his portrait to the President as a gift
without his consent. The president though did not speak much on it,
he used it as an example to buttress his points.
Speaking further, he mentioned the last IBA Conference in
October 2017 at Sydney, where the IBA Council received the interim
report of the IBA President’s Task Force on the Future of Legal
Services.
Speaking on the achievements, he noted that in the course of the
last 18 months they have lunched a number of initiatives in their
efforts to improve the legal profession as well as the governance
of the NBA. According to him, these initiatives are primarily in
three broad areas: The Regulation of the Profession; the Structure
and internal governance of our professional body the NBA and the
Financial management and reporting process of the NBA.
Also one of the achievements noted was the constitution of the
Legal Profession Regulation Review Committee (Anthony Idigbe Panel)
to undertake a review of the regulatory architecture of the legal
profession in Nigeria. Highlighting the report and other ideas put
in place to achieve the desired objectives, he was of the opinion
that the best is yet to come. The consultations embarked upon
according to him is wide.
His words:
“Many of you are also aware that we have been going through
series of contestations and disputes in many of our branches.
Several court actions including legal challenges to our
constitution are pending in various courts. The challenge to the
2016 General Elections, which brought me to office, is now at trial
State at the FCT High Court with witnesses still testifying. At the
last AGM following my recommendations, after consultation with bar
leaders, including our Trustees, we constituted a Review Committee
for the NBA Constitution under the leadership of Mal Yusuf Ali SAN.
The task of the Committee is to identify areas needing reform
taking into account suggestions by our members but also the reform
ideas generated by the other initiatives.
Now arising from all these initiatives, I will like to
highlight some areas, which may require some careful
consideration:
1. What should be regulatory objectives for the Legal Profession
in Nigeria?
2. Should the NBA continue to perform both representative role and
the regulatory role? If so what will be the best structure?
3. Can the Body of Benchers as presently constituted continue to
carry out its regulatory functions or should limit more ceremonial
and responsibilities similar to the roles of the Inns of Court in
the UK?
4. How do we improve quality of legal education; entry requirements
and standards; should we introduce pupilage?
5. Leadership Succession and Continuity within the NBA. It is clear
that the current process of electing our leaders has become too
divisive and contentious. The election has now become more akin to
political party campaigns than that of a respected professional
body. Should we not therefore have a more orderly succession system
that also has inbuilt continuity mechanisms as is the case in other
Bars?
6. Should we replace the current National Officers with an elected
NBA Governing Board that will oversee and superintend the
management of the National Secretariat headed by a competent Chief
Executive Officer and Senior Management staff?
7. Should the role of such officers as Treasurer, Financial
Secretary and Legal Adviser not be functions that are clearly
situated within the National Secretariat with qualified
professionals handling them? Why should an elected young lawyer
with no financial training or skills perform treasury functions in
a large and increasingly complex organization?
8. Do we need 125 disparate branches across the country many with
little or no resources and hardly able to carry out meaningful
functions or should we streamline and create state structures?
9. How do we create an efficient and effective disciplinary process
that ensures cases of indiscipline are speedily and effectively
dealt with?
10. Should we have a consumer complaint process as in other
jurisdictions?
11. Should law firms be licensed?
12. Should we introduce indemnity insurance as is done in most
other jurisdictions?
Distinguished leaders of the Bar, these and several other
important issues arise from the various reports that will be
presented today. The objective is for us to have an open
conversation, perhaps identify and agree on general direction of
these reforms and also agree on an implementation road map for the
ideas that we consider achievable.”
Though the challenges faced in the legal profession is sure
threatening, the president is optimistic that a sound deliberation
on key issues will solve the problem once and for all.
Thereafter, Dr. Aminugamawa presented the report of the NBA
Legal Profession Regulation Review Committee (LPRRC). The NBA
General Secretary Abiola_olagunju on the other hand presented the
report of the NBA Legal Services Mission to the United Kingdom.
Other learned silks in the meeting also corroborated some of the
salient points raised by Mr. President. Olisa Agbakoba SAN, former
President of the NBA, also noted that the current structure of the
Bar is outdated hence the need for lawyers to give themselves to
reforms. However, OCJ Okocha SAN warned that NBA as a body should
be careful on what it puts in its constitution. He stated that the
issue of zoning is an unspoken agreement that shouldn’t be part of
the NBA constitution.
A. B. Mahmoud OON, SAN President, Nigerian Bar
Association has once more recounted the achievements so far
actualized by the current administration in rebuilding the Bar for
a better legal profession.
This, the Bar leader did in his remarks to the NBA Bar leaders
Consultative Forum on the reform of the bar held in Abuja on the
26th day of February, 2018.
The bar leader in appreciating those present for honouring the
invitation in a short period of time, stated that the current way
the Bar is structured is faulty.
According to him, he doubts if there is anyone among them who is
satisfied with the state of the legal profession in Nigeria
today.
To him, they are at that juncture in history when they must
reinvent the legal profession.
“We need to reform our profession and raise its standards. We must
strengthen our disciplinary processes, raise ethical standards and
create more opportunities for its members whilst building
confidence of the ordinary consumers of legal services in the
country. We need a legal profession that will be a veritable tool
for national development. A legal profession that will spearhead
our national renaissance by upholding the rule of law ensuring that
governments at all levels are held to the highest standards of
responsibility and accountability.”
“Unfortunately, the Nigerian Bar Association as presently
structured and managed cannot provide that leadership expected to
produce these outcomes. Our profession is not well regulated. Entry
into the profession has become a free for all affair. Those who
fail to make it to other professions find their way into the legal
profession where they perceive that prospects of riches abound.
Standards have thus plummeted. Ethical standards are not well
maintained. Complaints against our members are not promptly and
expeditiously dealt with. The younger members of the profession
feel abandoned by the elders. Whilst the young members do not feel
bound by the hallowed traditions of the bar. Every day we see our
profession and its leaders being denigrated in the new media: the
social media. In short, no conduct is beneath some of us’, he
said.
The president then spoke about the case of Mr. Philips who
accused the NBA of giving his portrait to the President as a gift
without his consent. The president though did not speak much on it,
he used it as an example to buttress his points.
Speaking further, he mentioned the last IBA Conference in
October 2017 at Sydney, where the IBA Council received the interim
report of the IBA President’s Task Force on the Future of Legal
Services.
Speaking on the achievements, he noted that in the course of the
last 18 months they have lunched a number of initiatives in their
efforts to improve the legal profession as well as the governance
of the NBA. According to him, these initiatives are primarily in
three broad areas: The Regulation of the Profession; the Structure
and internal governance of our professional body the NBA and the
Financial management and reporting process of the NBA.
Also one of the achievements noted was the constitution of the
Legal Profession Regulation Review Committee (Anthony Idigbe Panel)
to undertake a review of the regulatory architecture of the legal
profession in Nigeria. Highlighting the report and other ideas put
in place to achieve the desired objectives, he was of the opinion
that the best is yet to come. The consultations embarked upon
according to him is wide.
His words:
“Many of you are also aware that we have been going through
series of contestations and disputes in many of our branches.
Several court actions including legal challenges to our
constitution are pending in various courts. The challenge to the
2016 General Elections, which brought me to office, is now at trial
State at the FCT High Court with witnesses still testifying. At the
last AGM following my recommendations, after consultation with bar
leaders, including our Trustees, we constituted a Review Committee
for the NBA Constitution under the leadership of Mal Yusuf Ali SAN.
The task of the Committee is to identify areas needing reform
taking into account suggestions by our members but also the reform
ideas generated by the other initiatives.
Now arising from all these initiatives, I will like to
highlight some areas, which may require some careful
consideration:
1. What should be regulatory objectives for the Legal Profession
in Nigeria?
2. Should the NBA continue to perform both representative role and
the regulatory role? If so what will be the best structure?
3. Can the Body of Benchers as presently constituted continue to
carry out its regulatory functions or should limit more ceremonial
and responsibilities similar to the roles of the Inns of Court in
the UK?
4. How do we improve quality of legal education; entry requirements
and standards; should we introduce pupilage?
5. Leadership Succession and Continuity within the NBA. It is clear
that the current process of electing our leaders has become too
divisive and contentious. The election has now become more akin to
political party campaigns than that of a respected professional
body. Should we not therefore have a more orderly succession system
that also has inbuilt continuity mechanisms as is the case in other
Bars?
6. Should we replace the current National Officers with an elected
NBA Governing Board that will oversee and superintend the
management of the National Secretariat headed by a competent Chief
Executive Officer and Senior Management staff?
7. Should the role of such officers as Treasurer, Financial
Secretary and Legal Adviser not be functions that are clearly
situated within the National Secretariat with qualified
professionals handling them? Why should an elected young lawyer
with no financial training or skills perform treasury functions in
a large and increasingly complex organization?
8. Do we need 125 disparate branches across the country many with
little or no resources and hardly able to carry out meaningful
functions or should we streamline and create state structures?
9. How do we create an efficient and effective disciplinary process
that ensures cases of indiscipline are speedily and effectively
dealt with?
10. Should we have a consumer complaint process as in other
jurisdictions?
11. Should law firms be licensed?
12. Should we introduce indemnity insurance as is done in most
other jurisdictions?
Distinguished leaders of the Bar, these and several other
important issues arise from the various reports that will be
presented today. The objective is for us to have an open
conversation, perhaps identify and agree on general direction of
these reforms and also agree on an implementation road map for the
ideas that we consider achievable.”
Though the challenges faced in the legal profession is sure
threatening, the president is optimistic that a sound deliberation
on key issues will solve the problem once and for all.
Thereafter, Dr. Aminugamawa presented the report of the NBA
Legal Profession Regulation Review Committee (LPRRC). The NBA
General Secretary Abiola_olagunju on the other hand presented the
report of the NBA Legal Services Mission to the United Kingdom.
Other learned silks in the meeting also corroborated some of the
salient points raised by Mr. President. Olisa Agbakoba SAN, former
President of the NBA, also noted that the current structure of the
Bar is outdated hence the need for lawyers to give themselves to
reforms. However, OCJ Okocha SAN warned that NBA as a body should
be careful on what it puts in its constitution. He stated that the
issue of zoning is an unspoken agreement that shouldn’t be part of
the NBA constitution.