NBA President And The GS On The Petition Against Umar SAN: What The NBA Constitution Says.

Background Facts:

There has been a hue and cry amongst lawyers over a petition
written against Aliyu Umar SAN, who is currently prosecuting
Onnoghen, the suspended CJN on behalf of the Federal Government
before the Code of Conduct Tribunal over declaration of assets.

In response to the petition, the General Secretary, Gunu Taidi,
on behalf of the NBA, on February 12, 2019 forwarded the letter to
Umar, SAN to respond to the allegation of professional misconduct
against him. The General Secretary of the NBA said he acted in the
ordinary course of his office and duties as the General Secretary
and believed he should pass on the petition to Mr. Umar for his
reaction and the NBA National Publicity Secretary also confirmed
transmission of the letter to Umar SAN. However, the NBA has
through its Chairman, Paul Usoro SAN dissociate itself from the
letter.

Legality of forwarding the letter by the
GS.

The powers of the General Secretary are clearly spelt out in the
NBA constitution. It provides in section 8(5)(e) as follows:

“The General Secretary, under the overall direction of the
President shall be in charge of the National Secretariat and other
offices of the Association and his/her duties shall include the
following:

(i) He/She shall, on the instruction of the President or in
accordance with a previous decision of the National Executive
Committee or pursuant to a requisition made in accordance with the
provisions of this Constitution, summon the Annual General Meeting,
Meetings of the National Executive Committee or other meetings of
the Association;

(ii) He/She shall record and keep the minutes including
attendance and summary of all decisions taken thereat;

(iii) He/She shall write and dispatch circulars, letters, and
other correspondences of the Association including that of the
National Executive Committee;

(iv) He/She shall keep a roll of members and an up-to-date list
of Branches of the Association;

(v) He/She shall furnish an annual return or special reports of
the activities of the Association or any of its organs at the
Annual General Conference;

(vi) He/She shall be an ex-officio member of all committees of
the Association;

(vii) He/She shall perform all other duties as may be assigned
to him/her by the President* or the National Executive Committee or
the Annual General Meeting”

From the above provisions, it is clear that the constitution is
silent as to whether the General Secretary can single handedly
forward a letter to member of the association upon receipt of
petition against the member without consulting the president or any
other office. Such obligation is also not provided in any other
place in the constitution. It has long been settled that what is
not expressly prohibited in law is allowed. For the avoidance of
doubt see ALHAJI IBRAHIM HASSAN DANKWAMBO v. JAFAR ABUBAKAR
& ORS (2015) LPELR-25716(SC). Therefore, the GS did
not breach any law by forwarding the petition to Umar SAN.

The NBA National Publicity Secretary, Kunle Edun, confirmed it
categorically that Any member of the Nigerian Bar Association is
entitled to send petitions to the NBA against any member who he
perceives to have committed any infraction of our Rules of
Professional Conduct. When such a petition is received, NBA
forwards same to the colleague against whom it is written for his
response. That is what the NBA has just done. It is a long standing
standard procedure. The Nigerian Bar Association, in
adhering to these laid down procedures is impervious to emotions or
sentiments.

It is submitted that even if there are disciplinary rules
requiring the GS to consult with certain offices before sending the
letter, the Association should have find a way of resolving the
matter instead of resorting to issuing contradictory notices in the
media. It is pertinent to add that the petition against Umar SAN is
a matter that is sub judice and same should not have been forwarded
to the learned silk. This would give an irresistible impression
that all is not well. It is a notorious fact that house divided
against itself cannot stand.

But to avoid similar issues in the future, it is hereby
recommended that Mr Paul Usoro SAN should call a meeting and put
the house in order and GS should henceforth notify me president
such issues before taking further actions. This is in the interest
of the image of the association.