Communiqué Of The NBA-NEC Meeting Held On March 28th | Nairalaw

On March, 28th, 2019, the National Executive Council of the
Nigerian Bar Association held it’s meeting at the NBA Secretariat
to discuss and pass resolutions on certain activities that are of
great importance to the Bar.

After the meeting, resolutions bothering on the organogram of
the NBA, and the suspension of Bayo Akinlade among others were
passed.

Below reads the resolutions in full:

RESOLUTIONS OF THE NIGERIAN BAR ASSOCIATION NATIONAL
EXECUTIVE
COMMITTEE (NEC) MEETING WHICH HELD AT
THE AUDITORIUM, NIGERIAN
BAR ASSOCIATION NATIONAL SECRETARIAT, ABUJA ON THURSDAY, THE
28TH
DAY OF MARCH, 2019.

1.0 Introduction

1.1               
Whereas the Nigerian Bar Association held its National
Executive Committee

[NEC] Meeting at the NBA Auditorium, NBA House, Abuja, on
Thursday, the 28th day of March, 2018;

1.2 And whereas the meeting considered
several issues of importance to the Association and to the Nigerian
nation;

1.3 The meeting unanimously RESOLVED as
follows:

BAR ISSUES

That NEC approves for immediate implementation the new
administrative
organogram for the NBA National Secretariat that was prepared by
the HR Firm of Outsideln-HR and presented by the President to NEC.
NEC also ratifies the engagement of Outsideln HR at the cost of N5
million for the National Secretariat restructuring and staff
assessment and placement exercise. NEC further approves the
proposal for personnel restructuring and right-sizing at the
National Secretariat. That NEC approves the introduction of an
online payment system for the
payment of Bar Practice Fees (“BPF”) by members
and its proposed extension as a payment facility to cover payments
for all other NBA National-related fees and dues payable by our
members and third parties. That NEC adopts and approves the NBA
Management Account for Quarter 2 of
2018/2019 and furthermore, the resolve of the NBA President and his
executive to run a transparent and financially prudent
administration is applauded by NEC. The Petty Cash Policy that was
presented to NEC was also approved for immediate implementation.
That NEC adopts and approves the Transition Committee Reports as
presented to NEC by the NBA General Secretary who was a member of
the Committee. The NBA President is mandated to implement the
recommendations of the Committee as necessary and required. NEC
notes that the Financial Report of the Transition Committee must be
read in conjunction with the NBA Financial Statement as at 31
August 2018 as prepared by PricewaterhouseCoopers (“PwC”) and
adopted by NEC at its meeting of 06 December 2018. The said
Financial Statement provides a definitive and
professionally-certified state of the NBA’s finances as at the said
31 August 2018 when the current Usoro-administration assumed
office. That NEC adopts and approves the NBA MacArthur Foundation
ACJA Project Year 1 Financial Review Reports as prepared by PwC and
presented by the NBA President. NEC further

a. notes the unbudgeted and unauthorized transactions and
expenditures totaling N64,086,154.99 that was incurred by the
immediate past NBA administration;
b. authorizes the NBA President to recognize the said amount, in
the financial books and records of the NBA, as an outstanding
liability which should be made good from the funds of the
Association; and
c. the NBA must learn lessons from this incident and take steps to
avoid reoccurrence in future.

6. That a. Mr. Bayo Akinlade, the Chairman of the Ikorodu Branch
is suspended from office and as a member of NEC with immediate
effect pending his appearance before a disciplinary panel to defend
his action in defying the directive of the National President of
the NBA directing him to hold off the conduct of elections for the
office of the Vice Chairman of the Branch until all issues
surrounding the said elections were resolved.
b. The purported election of Mrs. Gloria Casius as the new Vice
Chairman for Ikorodu Branch is hereby declared null and void and
Mrs. Casius is advised not to parade or present herself as the Vice
Chairman of Ikorodu Branch.
c. Mr. Ezekiel Ogbaide Esq, the Vice Chairman of Ikorodu Branch is
mandated and directed to take over forthwith as the Acting Chairman
of the Branch pending the conclusion of the disciplinary processes
against Mr. Akinlade.

7. That

a. National Officers of the Association are mandated to liaise
with the elders of Ikeja Branch and take such actions as are
necessary for the resolution of the crisis in the Branch vis-a-vis
the petition that was addressed to the EFCC by some members of the
Branch over, inter alia, an alleged misappropriation of about N37m
of the Branch funds by past officials of the Branch.
b. As a corollary to the Ikeja crisis, NEC decries the current
practice of our members in writing petitions to the EFCC on
internal matters of the Association. Members are advised to follow
internal dispute resolution mechanisms in resolving issues relating
to the Association whether at the Branch or National levels.

8. That NEC ratifies and applauds the efforts of the ‘National
Officers aimed at reviving the moribund life insurance coverage for
members and also expanding the coverage beyond life insurance. In
that regard, NEC mandates the President to continue and conclude
negotiations for the insurance coverage with Leadway Assurance Plc
and WAPIC Insurance Plc and in the process ensure that the best
terms and covers are secured for our members.

9. That NEC is disturbed and alarmed by the report that there is
in existence a syndicate engaged in the illegal printing and
production of fake NBA Stamps Even more alarming to NEC is the fact
that lawyers knowingly patronize this criminal syndicate and
thereby evade the payment of their Bar Practice Fees. NEC directs
the National Officers to report this criminal syndicate to the
relevant law enforcement agencies and follow through the
investigation and prosecution processes to their logical
conclusion. NEC further mandates the National Officers to ensure
that lawyers who patronize the criminal syndicate are brought to
book as well.

10. That NEC notes that the recent judgments of the Supreme
Court in Appeal Number SC. 30/2016: Obiajulu Nwalatu Vs.Nigerian
Bar Association and Legal Practitioners’ Disciplinary Committee and
Appeal Number SC. 941/2015: Moses Wome Vs. Nigerian Bar Association
have very serious and detrimental impact on the extant disciplinary
processes as set out by the Body of Benchers and its Legal
Practitioners Disciplinary Committee. By extension, these decisions
have serious and deleterious consequences on the maintenance of
discipline in the profession. The NBA President is mandated by
NEC.to study the Judgments and liaise with relevant stakeholders
including but not limited to the Body of Benchers in remediating
the issues that were brought to fore by the said Judgments.

11. That NEC directs the Technical Committee on Conference
Planning (TCCP) to work with the NBA President in preparing a
budget for the hosting of the 2019 Annual General Conference (AGC)
on which basis the fees therefor would be determined. The President
is mandated by NEC to review and approve the budget and the fees
for the AGC and report to NEC at its next meeting. TCCP is reminded
of the commitment by NEC and the National Officers to our members
for a content-rich but pocket-friendly 2019 AGC. NEC directs the
TCCP to be guided by the said commitment in planning for the
AGC.

STATE OF THE NATION

1. That
2. NEC reiterates its published positions on the suspension and
   trial of the Chief Justice of the Federation, Hon. Mr. Justice
   Walter Onnoghen, GCON and further emphasizes that its positions are
   guided solely by the principles of rule of law, due process,
   security of tenure for judicial officers, independence of the
   judiciary and separation of powers between the three arms of
   Government.
3. NEC therefore calls on the Federal Government of Nigeria to put
   an end to the on-going depressing trial of Onnoghen CJN before and
   by the Code of Conduct Tribunal and earnestly pursue, as it relates
   to the said unfortunate and depressing Onnoghen CJN saga, a
   resolution process that would retrieve and restore the dignity of
   the judiciary and the office of the Chief Justice of Nigeria.
4. That
5. The Report of the Election Monitoring Committee that was
   constituted by the President for the monitoring of the 2019
   National Elections is adopted by NEC and the Committee and our
   members across Nigeria who volunteered for the assignment are
   highly commended for their sacrifice and selflessness. The NBA
   President is directed to circulate the Report to all relevant
   stakeholders.
6. NEC decries the pervasive malpractices, inadequacies and
   electoral infractions that are reported in the Election Monitoring
   Committee’s Report and directs the NBA President to draw the
   attention of all relevant stakeholders to these aspects of the
   Committee’s Report as well as the recommendations of the Committee
   as contained in the Report and fully adopted by NEC.
7. That even though, NEC observes the reduced incidents of police
   brutality against

lawyers in recent months, the incident has not entirely ceased.
NEC directs the President to liaise with the Nigeria Police Force
authorities instituting such steps as would completely curb this
menace and also address ancillary complaints of members against the
Force.

1. That NEC deplores the recent kidnap of our Jalingo Branch past
   Chairman, Daniel Joel Ubandoma, and calls on the authorities to
   assiduously work at securing his release while bringing his
   abductors to book. NEC calls onGovernments at all levels and
   countrywide to fulfill their primary responsibility of securing
   lives and properties in Nigeria.

That NEC notes that courts in Nassarawa and Kogi States have been
shut to