NBA President, Usoro, SAN, Lauds His Administration For Financial Prudency, Says The Bar Closed Quarter 3 With N820m Plus Balance

President of the Nigerian Bar Association, Paul Usoro, SAN, has
said that the NBA closed Quarter 3 with cash balances amounting to
N820,884,486.00 after paying most of our costs for the AGC.

The learned silk made this revelation whilst delivering an
address at the National Executive Council meeting held at NBA
Secretariat on the 5th day of December, 2019.

Highlighting major achievements of the administration which
tenure will be coming to an end in no time, the learned silk added
that, by all accounts, the above-stated fact was and is
unprecedented, and it speaks to the governance processes – and
these include but are not limited to probity, prudence,
transparency, discipline, and accountability – that we are
entrenching in the management of the Association’s affairs and
finances.

He emphasized that the discipline and governance processes,
because, according to him, these are what bring about the prudence
and accountability in the management of our finances the end result
of which are the unprecedented cash balances that we had as at 30
September
2019.

BELOW READ THE ADDRESS BY THE PRESIDENT
OF THE NIGERIAN BAR ASSOCIATION (“NBA”) PAUL USORO, SAN DELIVERED
AT THE NBA NATIONAL EXECUTIVE COMMITTEE (“NEC”) MEETING HOLDEN AT
THE NBA SECRETARIAT IN ABUJA ON 05 DECEMBER 2019

My Dear Colleagues

1. Introduction
1.1 Compliments of the Season. It gives me great pleasure to
welcome you all to the 2019 Quarter 4 NEC meeting of our great
Association. For those who may have missed the numbering, one of
the welcome resolutions from our 2019 Annual General Meeting
(“AGM”) that was held on 25 August 2019 was the change of the NBA
Financial Year to align with the traditional calendar year of
January to December instead of August to July of the succeeding
year. It is in that context that we are now holding our 2019
Quarter 4 NEC meeting, the said Quarter spanning
October to December 2019.

1.2 We thank God for bringing us safely from our various
destinations and we pray that He continues to envelop us in His
protective arms and grant us wisdom for today’s deliberations.
These NEC quarterly meetings traditionally afford us the
opportunity to review our scorecard and strategize for the future.
Permit me, therefore, to highlight in this Address some of our
collective milestone achievements within the months after our
pre-Annual General Conference NEC meeting that was held in
August 2019.

2. Quarterly Scorecard
2.1 AGC and AGM
2.1.1 By all accounts we had a most successful Annual General
Conference this year with a record registration of over 12,000
delegates. For me, what made the Conference most unique and
memorable was the richness and diversity of the program content.
There was literally something for everyone and delegates were truly
spoilt for choice. To cap it all, a 240-page Policy Book of the AGC
is being released and launched at this NEC meeting and will be
circulated to all our members shortly.

The Policy Book is a compendium of all the sessions and
activities of the AGC, complete with actionable plans and policy
direction. I am not sure that such a comprehensive Policy Book has
been published in relation to previous AGC. Indisputably, the 2019
AGC raised the bar and it is my fervent hope and desire that
succeeding AGCs, starting with the 2020 AGC will match and indeed
exceed the 2019 standards.

2.1.2 The 2019 AGM was the handmaiden of the 2019 AGC and what a
success that AGM was! Not only did we have record attendance during
the meeting, the hall remained full and packed, with members
actively contributing to discourse, up till the end of the meeting.
More importantly, milestone resolutions were made at the meeting.
Our Constitution was amended to incorporate sustainable governance
processes which, if faithfully implemented, would, amongst others,
entrench accountability and transparency in the management of our
finances and the conduct
of our affairs generally. Six new Trustees were also appointed at
the AGM, to replace our Trustees whose appointments had all expired
by effluxion of time in 2016.

2.2 Incorporation and Filings at Corporate Affairs
Commission (“CAC”)
2.2.1 The status of our filings at the CAC has been irregular and
tardy over the years. Soon after the 2019 AGM, we filed our Annual
Returns for the years 2017, 2018 and 2019 together with our Audited
Accounts for those years. We also made the required statutory
filings in regard to our new Trustees and the Nigerian Bar
Association Constitution, 2015 (as amended) in the terms of and
pursuant to the provisions of the Companies and Allied Matters Act,
Cap C20, Laws of the Federation of Nigeria, 2004. Pursuant to our
said filings, the NBA was issued with a new
Incorporation Certificate on 20 November 2019 as an incorporated
trustee with, amongst others, powers to sue and be sued in the name
of its Trustees. We can now proudly state that our incorporation
and filing status at the CAC are unassailable.

2.3 Life Assurance
2.3.1 At the pre-AGC NEC meeting, we committed to reactivate the
NBA’s Life Assurance Scheme before the end of September 2019. This,
we achieved, in partnership with our insurance partners, Leadway
Assurance Company Limited (“Leadway”). Perhaps, more gladdening is
the fact that we have, as at date, paid death benefits to 9 (nine)
beneficiaries of our deceased colleagues who passed on in 2019.
Leadway, I must mention, has been most responsive and prompt in
attending to our demands. They have also been very supportive, and
I am glad that we have them as our partners.

2.4 Internet Connectivity
2.4.1 In November 2019, we commissioned a fast-speed Internet
Access for the National Secretariat. Most of us take internet
access for granted in our workplaces. Not so at the NBA National
Secretariat. Sadly, the Secretariat never had Internet Access and
our personnel and National Officers were forced to buy retail data
for their work and seek reimbursement from the Association. That is
now a thing of the past. We now have reliable and fast-speed
wireless infrastructure for the 3 (three) functional floors of the
Secretariat and the Auditorium coupled with a fibre optic bandwidth
connection that was installed and supplied by MainOne.

2.4.2 Now, our Secretariat staff and National Officers working
at the Secretariat have no excuse for not accessing and responding
to their mails real-time. We also do not need to hire third-party
vendors to provide us with Internet connectivity for the purposes
of our meetings at the Secretariat Auditorium such as today’s NEC
meeting. Our planned usage of this new-found connectivity actually
extends far beyond the day-to-day and rather mundane e-mail
communication; it encompasses regular research activities,
continuing legal education requirements and, not least, storage and
archiving requirements which would, in turn, create and enhance our
institutional memory.

2.5 NBA Women’s Forum and Young Lawyers’
Forum
2.5.1 The Governing Council of two of our most vibrant fora were
constituted within the last 2 (two) months – the NBA Women’s Forum
and the Young Lawyers’ Forum. In constituting these Councils, we
scouted for accomplished persons and promising young lawyers with a
passion for service. The Governing Council of the Women’s
Forum has already held its inaugural meeting and, from the snippets
that filter to me, they are bubbling with great ideas and
plans.

2.5.2 The Governing Council of the Young Lawyers’ Forum will be
having their inaugural meeting on Friday, 06 December 2019, soon
after our NEC meeting. I do intend to swear them in during that
meeting and NEC would henceforth have the opportunity of hearing
directly from them – and, of course, from the Women’s Forum as well
– the progress on their respective mandates. I look forward to
working with the Governing Councils of these fora, and indeed, with
their membership, in strengthening the bonds and mandates of our
Association.

2.6 Election Monitoring
2.6.1 The NBA is fast gaining a well-earned and deserving
reputation for election monitoring. Our election monitoring reports
are now routinely published and used as reference materials by
researchers, scholars, election petitioners, social activists and
indeed the general public. None of our election monitoring reports
has been challenged under this administration. It all started with
our monitoring of the Osun.

Governorship Election of 2018 and blossomed into the monitoring
of the National Elections of 2019 and only last month, November
2019, we again showed our mastery and integrity in election
monitoring during the Kogi and Bayelsa Governorship elections. The
Report of our monitoring team has been in circulation within hours
of the election and the contents have not been disputed by anyone.
I give due credit to our monitoring teams who have consistently
made us stand tall.

2.7 AfCFTA Trade Negotiations
2.7.1 The NBA is featuring very prominently in the on-going African
Continental Free Trade Agreement (“AfCFTA”) market-access
negotiations with emphasis on trade in services. The Nigerian
Office for Trade Negotiations (“NOTN”), a Federal Government of
Nigeria agency which is traditionally responsible for trade
negotiations and market-access e.g. WTO and AfCFTA, is anchoring
this initative. The aspect of these negotiations and agreements
that impact us as lawyers is the trade in services, a component of
which is legal and consultancy services. In previous
negotiations, the NBA, to the best of my knowledge, was never at
all or actively involved as a body and the interest of lawyers was
not properly or adequately protected. Without such protection and
carefully monitored negotiations, we, as Nigerian lawyers, could
easily be overrun in an increasingly globalized world with
illdefined boundaries for provision of services.

2.7.2 The good news is, the NBA is changing that narrative. For
the purposes of AfCFTA, the NOTN has set up a Nigerian Coalition of
Services Industry for the negotiation of trade in services and our
own Seni Adio, SAN, the Chairman of our Section on Business Law, is
the Co-Chairman of that Coalition. The other CoChairperson is
another of our own, Irene Robinson-Ayanwale, a dexterous and very
knowledgeable lawyer with considerable background experience
working with the Nigerian Stock Exchange, whom we are certain will
fly our flag even though not nominated by or representing the NBA
in the Coalition. To complete the NBA’s representation, Mfon Usoro
who is internationally acknowledged and renowned as a trade law
expert, represents the NBA in that Coalition. Mfon has over the
years and up till date, served and still serves as a member of the
IBA specialized Committee on Trade-in-services. As I speak, both
Mfon and Seni are core panelists in an AfCFTA Forum that is planned
and hosted by the United National Economic Commission for Africa
(“UNECA”) in Lagos. We would update our members with the progress
of and
outcome from these AfCTFA trade negotiations even as we feel
confident that Nigerian lawyers would be well represented at the
negotiation table by, amongst others, the trio of Irene, Mfon and
Seni.

2.8 Prudent Financial Management
2.8.1 As you would have noticed from the Management Account as at
30 September 2019 that has been circulated to NEC members and would
be tabled shortly at this meeting, we closed Quarter 3 with cash
balances amounting to N820,884,486.00 after paying most of our cost
for the AGC. By all accounts, this was and is unprecedented, and it
speaks to the governance processes – and these include but are not
limited to probity, prudence, transparency, discipline and
accountability – that we are entrenching in the management of the
Association’s affairs and finances.
I emphasize the discipline and governance processes because these
are what bring about the prudence and accountability in the
management of our finances the endresult of which are the
unprecedented cash balances that we had as at 30 September
2019.

2.8.2 There are many lessons we must all learn from this. First,
we, as the NBA, can truly set the pace and be the exemplar for our
governments in the prudent management of our resources including
self-sufficiency and discipline in our spending habits. The moral
heft and clout that this confers on the Association is
unquantifiable. Second, we can largely depend on our internally
generated resources without having to go cap in hand to various
Government Houses for donations and financial supports thereby
eroding, in some sense, our independence and credibility. This
administration has largely survived without going a-begging at
Government Houses, whether at the Federal or state levels and this
has given us the leverage to speak truth to authority at any and
all times. And yet, we have met and are meeting our financial
obligations from the NBA’s mostly internally generated funds.

2.8.3 Third, well-managed, we can have enough funds in our kitty
not only to complete special projects like our NBA Secretariat but
more importantly to create Foundations that would fund on a
continuous basis the NBA’s desirable and anchor programs such as
pro bono services to indigent persons, mostly in criminal and human
rights matters, rule of law and public interest advocacy and
litigation, properly defined and transparently administered welfare
programs for our lawyers, etc. I envision, for example, an NBA that
would develop its Human Rights Institute (“HRI” or “Institute”) to
an institution with a foundation that would be fed from annual
subventions from the NBA National kitty. The Institute would then
anchor from such foundation, the NBA’s pro bono and human rights
activities, rule of law and public interest advocacy and litigation
– similar to the funding arrangement for the now formidable and
well-organized Human Rights Institute of the International Bar
Association. The activities of such a well-organized and properly
funded NBA HRI would bring real meaning to our claim to be the
voice of the voiceless and protector and defender of the rule of
law and the rights and freedom of our people.

2.8.4 I must warn however that these dreams are not realizable
except we have the right leadership in place at the helm of our
Association. What we consider the gains of this administration in
terms of financial management and accountability could easily be
frittered away and destroyed if we have the wrong leadership in
place, at any time, after our tenure. Except we collectively decide
to institutionalize leadership of service in our Association, our
gains of today would dim and become a mirage. That was why we all
resolved at the AGM to ensure that persons who are elected to
office to manage our Association as Presidents and General
Secretaries are not only skilled and experienced in management and
administration generally but are also demonstrably capable of
providing service without consideration for material and/or
pecuniary rewards. As we approach 2020 elections, these are the
yardsticks we must apply in determining who we elect to run the
affairs of our Association.

2.8.5 I have already heard it said by some – and most if not all
of us have heard similar statements and/or sentiments – that they,
those faceless and nameless persons, will soon come into office,
either directly or by proxy, and would spend, or more correctly,
squander all the money we have so far conserved and refused to
“spend”. They actually consider us stupid for institutionalizing
these governance processes that have resulted in these savings.
People with such mindsets must never be allowed near any of the NBA
offices. Their interest is to plunder and not build.

They only know how to squander without understanding the
elementary principles and essence of governance processes,
financial discipline and probity. Their aim is not to serve the
Association but to serve themselves and their cronies. We must not
allow any such degeneration in our Association. The power to stop
such degeneration lies in our votes in next year’s National
Officers’ elections.

3. Rule of Law
3.1 It has not been all glad tidings for us in the last Quarter.
The Rule of Law continues to be assaulted from different fronts,
notably, as it relates to the twin independence of the judiciary
and the legal profession. Disobedience of court orders has attained
new heights and constitutes one of the most dangerous assaults on
our judiciary. The kidnap of judicial officers has crept into our
worldview and lexicon – another dimension in the assault on our
judiciary and judicial officers. We again call on governments at
all levels to review and reinforce the security architecture around
our judicial officers. Our judicial officers must not work and walk
in fear of kidnappers and other criminals. The criminals that
kidnapped our judges must be brought to book. On the issue of court
orders, we call on governments at all levels to set the tone in
obeying court orders. Court orders must be obeyed by all, no matter
how discomfiting these may be. When governments disobey court
orders, they lose the moral right to enforce orders of any kind on
the citizenry and that is the road that leads to perfidy and
anarchy. We must retreat from that road immediately and the Federal
Government of Nigeria must set the tone in that regard.

3.2 The assault on our profession continues unabated, mostly, at
the instance of law enforcement agencies that should ordinarily
partner with lawyers in carrying out their mandates. In the months
after our AGC and our pre-AGC NEC, some of our colleagues have been
assaulted by law enforcement agents and others have slept in the
cells of these agencies – including the Nigeria Police Force and
the Economic & Financial Crimes Commission – for no reason
other than carrying out their professional duties. A notable case
is a Senior Counsel who was detained and slept
at the EFCC cell for days solely because his firm wrote an opinion
for an organization that is in dispute with the Federal Government
of Nigeria.

3.3 In my own case, evidence was adduced by the EFCC at the last
hearing of my criminal trial which confirmed, in open court, what I
have consistently proclaimed since the commencement of my
persecution, to wit, that my travails and trials are entirely over
legal fees that were legitimately earned not only by me, but by
some of our colleagues whom I coordinated in the provision of the
legal services. The transfers to these colleagues were openly read
from my firm’s account statement in open court during the last
hearing and I kept wondering why I or any other lawyer
should stand trial for legal fees that were legitimately earned and
for services that were undeniably provided. But then, this brings
to the fore and reminds all of us that we all face a real and
present danger from forces that seek to humiliate us as lawyers and
in the process muzzle and muffle our voices and indeed the
profession. These are forces that assiduously seek to erode and
destroy the independence and character of our profession. I must
continue to remind us that, we owe it to ourselves and to our
profession to stand as one in denouncing these incursions. We must
speak with one voice in upbraiding these despicable conducts,
recognizing as we all must recognize, that the threat and danger to
one is a threat and danger to all of us.

4. NBA Elections
4.1 I cannot conclude this Address without touching on next year’s
NBA Elections. I cannot pretend not to know that we already have
the onset of NBA National Elections fever. Except I am not
listening well, I have the distinct impression that the deafening
fever-pitch campaign cacophony that we had at this time in 2017 is
not at that crescendo this year and that is commendable. Even then,
I must warn against money politics and the erosion of our core
values, notably integrity and discipline, by aspiring office
holders.

4.2 In particular, we must desist from polluting our young
lawyers and luring them with material benefits in a corrupt quid
pro quo arrangement. I must perhaps mention that persons who engage
in such practices risk disqualification from the elections. And
perhaps, I need to also warn that the whistle for electioneering is
yet to be blown and, being members of a noble and disciplined
profession, we all must abide by the yet-to-be-published rules for
the 2020 NBA National Elections.

5. Conclusion
5.1 Was I exhaustive in listing our milestone achievements in the
last quarter? Not in the least. Are we, as National Officers, now
done with our developmental and reform projects for the NBA? Most
definitely not. Time would not permit me to list most of the
projects that are on-going or are in the pipeline but permit me to
mention one or two. First, as we speak, the project to revamp our
website and create a clean and reliable database of Nigerian
lawyers, dead and living, is on-going. That project would be fully
unveiled shortly, and it would be accessible to all of us. Second,
with the complete regularization of our incorporation and CAC
filing status, we are turning attention fully to the revamping of
our disciplinary processes and I am doing this in
conjunction with other relevant stakeholders. We would continually
update our members in this regard as we progress on that journey.
Third and by God’s Grace, we intend to have a 2020 AGC that shall
surpass all preceding AGCs including the 2019 AGC and the planning
would commence very shortly. We would also update

NEC with our plans in that regard shortly.

5.2 It remains, very finally, for me to again thank all our
members for the trust and confidence you have reposed in us, your
National Officers, to pilot the affairs of our most noble
Association since September 2018. We committed at the beginning of
our tenure not to disappoint you and/or betray your trust and
confidence. That pledge has been our guiding principle from Day One
and we shall continue to uphold and maintain that commitment up
till the end of our tenure. I wish all of us the blessings of the
Season, safe trips back to our stations and a most prosperous 2020
in advance.

Paul Usoro, SAN
NBA Presiden