NBA-NEC: NBA President, Paul Usoro, SAN, Calls On The Bar And The Bench To Rise Up To Protect The Independence Of The Judiciary

*Urges Lawyers To Encourage The NJC To Rise Up To Its
Statutory Mandate And Protect The Independence Of Our Judiciary
*Says Independence Of Legal Profession Is Also Threatened.
* The Independence Of The Legal Profession Is Eroded When Lawyers
Are Targeted As A Group, Says Usoro
*Says No Region Or Tribe Is Safe In Nigeria
*Says He Has Fulfilled His Election Promise In Remitting 10% Bar
Practicing Fees To Branches

President of the Nigerian bar Association, Paul Usoro, SAN, has
called on the Bar and the Bench to rise up to protect the
independence of the judiciary.

The NBA President made this call in an address delivered at the
2018/2019 Quarter 3 NBA National Executive Committee (“NEC”)
meeting held at the NBA Secretariat in Abuja on the 20^th
day of June, 2019.

Speaking on what he described as the “twin independence
pillars” of the rule of law, which are independence of the
judiciary and independence of the legal profession, he said that
today, judges operate under an oppressive and pervasive climate of
fear and insecurity. He added that there is the pervasive concern
that government and its security operatives have dossiers on
judges, real or imagined, and could unleash inquisitorial terror on
judges if they decide issues against governments and its agencies,
stressing that, even those judges who are whistle-clean may not be
willing to go through the inquisitorial processes of the various
security agencies to prove their innocence.

“Judged today operate under an oppressive and pervasive climate
of fear and insecurity. Our Judges are threatened, intimidated and
blackmailed mostly by the executive arms of government and their
agencies both at the Federal and State levels. Ask any Counsel of
note who will be willing to honestly share his or her experience
with you these days and you would be told that a significant
consideration in planning the strategy for the prosecution of any
case that the government, notably the Federal Government has an
interest in, is the concern whether the presiding judge has the
backbone not to be looking behind his or her shoulder to decipher
how the government wishers the matter to be determined.

“There is the pervasive concern that government and its security
operatives have dossiers on judges, real or imagined, and could
unleash inquisitorial terror on judges if they decide issues
against governments and its agencies. Even those of our judges who
are whistle-clean – and I believe that most even if not all are –
may not be willing to go through the inquisitorial processes of the
various security agencies to prove their innocence. And so, we have
Judges walking on egg-shells, notably, where governments and their
agencies have interest in matters that they adjudicate. This
totally undermines the independence of the judiciary and the
ability of the Judges to act confidently without fear or favor in
dispensing justice to all manner of men. The irony of all of these
is that the men of power today may be the ones who most need the
independence of the judiciary tomorrow when they are out of power
or are competing for political power. It reminds me of the IBA
bye-line: if you take care of the rule of law, the rule of law will
take care of you,” he said.

He, therefore, urged lawyers to encourage the NJC to rise up to
its statutory mandate and protect the independence of our
judiciary, adding that the NBA stands ready to work with the Judges
in that regard. He also emphasized that our Judges cannot deliver
justice under a climate of fear and intimidation – that there can
be no independence of the judiciary when our Judges are actively
coerced by State officials to think and reason only in the manner
that those officials and, presumably, government want them to
think.

Speaking on the independence of the legal profession, he said
that this is threatened when lawyers are not able to practice their
trade without let or hindrance. He added that that independence is
threatened today – that the same is assaulted when lawyers are
branded as criminals merely because of their professional functions
and responsibilities, adding that the independence of the legal
profession is eroded when lawyers are targeted as a group and
stigmatized merely because of their professional duties. And this
is happening in our country today.

“It is now the practice for lawyers to turn down certain types
of briefs and clients in order not to be perceived as being
anti-government and/or its agencies with the attendant inquisitions
that go with such stigmatization. Nowadays, lawyers discriminate
against briefs and instructions, not on professional grounds, but
because they do not wish to attract the inquisitorial attention of
government agencies nor to be stigmatized by those agencies.

“The same climate of fear and intimidation under which our
Judiciary operates, that the same climate pervades the practice of
law today. That is an absolute erosion of the independence of the
legal profession and a destruction of the Rule of Law. Like I said
earlier, the irony is that the men of power of today who strike
fear into our hearts and destroy our independence may be the ones
requiring the services of lawyers tomorrow and wishing for or
desiring an independent legal profession,” he added.

The NBA President also spoke on the issue of security of lives
and property. Relating to the NEC members
of the events concerning three of their colleagues, Honourable
Kennedy Ofuezuem Amin Nwashindi of Asaba Branch, Frank Promise Igwe
of Port Harcourt Branch and Lowuruga Obadiah Yabura of Wukari
Branch, he described as unsafe the state of security in the
land.

Summarizing his lamentation about the incidence he
said:

“Kennedy was kidnapped by armed hoodlums at the gate of his home
in Asaba on 16 April 2019 at about 1903 hours. He was kidnapped
with his wig and gown which tells one that the kidnappers knew him
to be a lawyer but were not deterred howsoever. Kennedy’s
abductors, in the all-too-familiar practice of kidnappers in our
land, named their ransom price in exchange for his life. His family
promptly rallied round and paid the ransom in the expectation of
receiving back their husband, son, father, uncle and brother. But
that was not to be. Kennedy was killed by his abductors after
receiving the ransom and his body and his wig, without the gown,
were recovered from the scene of the gruesome murder. I personally
wonder where our governments – and these include but goes beyond
our law enforcement agencies – were while Kennedy was being
murdered and the hopes and aspirations of his family and children
destroyed. Where was our government? Why are the governments,
complete with their security apparatchik, so helpless in the face
of intruding anarchy in our land?

“Frank Promise Igwe of Port Harcourt Branch, a young man with
quite some promise. Promise was born 45 years ago and was called to
the Nigerian Bar in 2006. On 12 April 2019, Promise was dressed for
and on his way to Court when his car was intercepted by criminal
elements who shot him dead, in broad daylight, in the morning
hours, in the city of Port Harcourt.  Why are our governments
failing us in the discharge of these crucial responsibilities? Why
are we all so helpless?

“Lowuruga Obadiah Yabura, was the former Chairman of our Wukari
Branch. We cannot say whether Yabura is alive or dead. He has not
been seen since he was kidnapped along Wukari-Takum Road in Taraba
State on 02 April 2019.  Not unlike Kennedy’s case, ransom was
paid for Yabura’s life. Indeed, so indescribably daring were his
abductors, I am told, they set up a bank account where ransom price
was paid into, in installments and drips and the amounts were fully
drawn by the criminals. Do you blame the family? No, I cannot. In
my function as the President of the NBA, I have so very often
spoken with families of our kidnapped colleagues and almost always,
there is always that dread of fully involving law enforcement
agencies for a number of reasons. And so, it is not uncommon for
the families to rely on self-help by paying ransom prices and
scrupulously following the instructions of the criminals in the
hope – which, as we all know, dies last – that their son, their
breadwinner, their father, their husband, their brother would
eventually be released. In the case of Kennedy, that never
happened.”

Having given the various illustrations, the learned silk
concluded that the country is not safe. He noted that just
yesterday, 19 June, 2019, The Nigerian Guardian newspaper reported
that the United Kingdom had issued travel advisory warning against
travels to 21 States in Nigeria. He, therefore, said that no region
is safe, and no tribe is safe.

“No one indeed is safe. And yet, we have governments in place,
at the Federal, State and Local Government levels and the primary
business of governments is the protection of lives and property.
Indeed, without security of lives and property, everything else
grinds to a halt.  Only those who are alive can enjoy
medi-care, educational facilities, infrastructure renewal, economic
boom and all the other tangible and intangible benefits of a
democratic society,” he added.

The NBA President concluded by mentioning the fulfillment of his
electoral promise to remit 10% of the Bar Practice Fees to our
branches. According to him, a number of the Branches have already
received their remittance and the others will presently join the
ranks of the recipients. He also added that Rabiu Ayuba, the young
man that won a car during the 2018 Annual General Conference but
which we were not able to fulfill due to the state of their purse
now has cause to smile. He stated that this afternoon, during the
break period, he will be joined by some of the elders of the
Association to present the car keys to him. He also said that they
have also continued in the path of financial prudence, transparency
and accountability by publishing to members the Association’s Q4
Financial Statement. “This is a commitment that we made and which
we will continue to keep,” he said.