An Open Letter To The Chairman, NBA, Uyo Branch

By Sylvester Udemezue

13 August 2021.

The Chairman,
Nigerian Bar Association (NBA), Uyo Branch,
Akwa Ibom State.

Dear Mr Chairman, sir,

Re: NBA Uyo Branch New EXCO Visits Attorney General of
Akwa Ibom State, Pushes for Action on Issues Impacting the Bar,
Justice Delivery

Congratulations on your election as the NBA Chairman of your
great Branch. I wish you a successful reign.

I read about your 12/08/2021 courtesy visit to the Hon
Attorney-General of Akwa Ibom State and of your 8-point
demand/request.
I love your visit to the Hon Attorney-General (AG) and I love
especially the seventh point of your request/demand to the Hon AG
which is what attracted my attention and informed this open letter
to you: “Recruitment of lawyers into Ministries,
Departments, Agencies of Government and into the 31 Local
Government Councils in the State to unburden the Ministry of
Justice, while ensuring employment, especially for the new
wigs”. (https://loyalnigerianlawyer.com/nba-uyo-branch-new-exco-visits-attorney-general-of-akwa-ibom-state-pushes-for-action-on-issues-impacting-the-bar-justice-delivery/^[1])

This move by you shows that NBA Branches have started heeding
the call we have been making. Apart from in several earlier
commentaries, we publicly made the call during the NBA-AGC 2019,
and subsequently severely in many writings, insisting that NBA
should spearhead efforts to have established Legal Departments in
(1) all Police Stations across the country; (2) Government
Agencies, Ministries and Departments, and (3) all Local Government
Councils in Nigeria. (See: “Enlarging Job Space &
Making Lawyers More Useful To Society: My Double-Edged-Sword
Recommendation To 2019 NBA Annual Conference On How To Brighten The
Future Of Nigeria’s Legal Profession” December 30, 2019)
The National Assembly headed our call and introduced section 66(3)
of the Nigeria Police Force (Establishment) Act (NPFEA) 2020, a
provision we’ve been asking to be fully implemented to achieve its
purpose. Progress is being made! NBA National recently paid a
courtesy visit to the Inspector General of Police (IGP) and a joint
Committee set up to smoothen relationship between the two
organisations. (See: IGP, NBA To Set Up Joint Committee For
Promoting Human Rights, Rule Of Law. https://independent.ng/igp-nba-to-set-up-joint-committee-for-promoting-human-rights-rule-of-law/^[2]). We strongly
expect that the smoothening of relationship will focus on getting
section 66 (3) of the NPFEA 2020 implemented. Implementating
section 66(3) is capable of lifting almost 10,000 lawyers out of
joblessness and abject lack. But there are no fewer than four
immediate benefits accruable from full implementation of section
66(3):
▪️1). Many unemployed Lawyers would get immediately employed.
Nigerian lawyers need the job urgently oooo.
▪️2). Rule of law would be promoted and enhanced at the police
stations, and future ENDSARS protests may thereby be averted.
▪️3). We would have lawyers on hand to assist or advise in criminal
prosecution (by the police) in magistrates’ courts around the
various police stations.
▪️4). Filing of baseless charges by ignorant lay police officers
would be drastically reduced leading to decongestion of our
courts.(see:” Abdication Of Duty How NBA Leaderships Chase
After Shadows To The Detriment Of The Security, Welfare And
Economic Advancement Of The Legal Profession And Its
Members”  (APRIL 07, 2021: abdication-of-duty-how-nba-leaderships-chase-after-shadows-to-the-detriment-of-the-security-welfare-and-economic-advancement-of-the-legal-profession-and-its-members/^[3]). So, help us God.
Amen.

Now, dear Mr. Chairman, how would lawyers get being employed
massively into Local Government Councils in Akwa Ibom State? It’s
simple. Dear Chairman, please ask, persuade or plead with the Hon.
AG to immediately present a Bill to the House of Assembly of Akwa
Ibom State, for amendment of the LG Law to insert a clause/section
establishing a Legal Department in each of the 31 Local Government
Councils in the State.
That’s the starting point. And even if this is the only achievement
of your leadership in two years, you’d have achieved much more than
any other NBA Branch Chairman in the history of the NBA. It’s an
opportunity to write your name in gold. Sir, please don’t miss it.
Look around you sir; most members of your branch wallow in
joblessness and abject lack, frustrated and disenchanted with only
little hope in sight. Apart from lifting more than 1,000 lawyers in
Akwa Ibom State out of poverty and starvation, getting established
a Legal Department at each of the 31 LGA’s, which is the best way
to make lawyers more impactful on the society and at the grassroot,
will offer these ten immediate benefits:

1️⃣. Lawyers at the Local Government (LG) Legal Department would
supervise and undertake prosecutorial activities in magistrate
courts, and represent their respective LG’s in area courts,
Magistrates Courts, High Courts, etc.
2️⃣ They’d be on hand to render necessary legal advisory services
to their local governments.
3️⃣.They could become in charge of advising their LG Chairmen on
legal issues relating to issuance of the Customary Right of
Occupancy at the LG level, thereby playing roles similar to those
being played by the Ministries of Justice and Lands at the state
level in re the Statutory Right of Occupancy. Section 6 of the Land
Use Act, 1978 provides: “It shall be lawful for a Local Government
in respect of land not in an urban area. (a) to grant customary
rights of occupancy to any person or organisation for the use of
land in the Local Government areas for agricultural residential and
other purposes. (b) to grant customary right of occupancy to any
person or organisation for the use of land for grazing purposes and
such other purposes ancillary to agricultural purposes as may be
customary in the Local Government area concerned”.
4️⃣.They could take steps to set up (citizens) ADR/Mediation
Centers at the LG level, as well as render other legal aid/advisory
services aimed to help the local community or to make justice more
affordable and easily accessible by local inhabitants.
5️⃣.Establishing a Legal Department at the LG Level would
tremendously reduce the pressure of having all lawyers striving to
settle down only in major cities, such as Lagos, Port Harcourt,
Kano, Onitsha, Aba, Ibadan, Jos, Abuja, Enugu City, Uyo, Warri,
Calabar, Kaduna City, etc; lawyers employed by the various local
governments would have to relocate to the local council
headquarters where they’d live and operate from, with their
families.
6️⃣. It would bring Lawyers and Legal Services closer to the people
at the grass-root; residents of local communities would no longer
need/have to travel to the major cities in order to get the
services of lawyers to draft their various agreements, contracts,
or to render other legal advice.
7️⃣.Lawyers in the LG Legal Departments would, apart from attending
to the legal needs of the Local Government Councils,  assist
in prosecution of some cases, especially in courts located
within the local council areas. This would minimize involvement of
law prosecutors in criminal prosecution. Lay police officers` and
non-lawyers`continued involvement in criminal prosecution in
Nigeria, is partly responsible for the worsening cases of awaiting
trial cases and prison congestion in the country. Because of their
professional limitations in this area, so many of the so-called
police prosecutors are not able to match or withstand the legal
firework of professionally qualified lawyers who act as defence
counsel in courts during criminal prosecutions; these lay police
officers and non-lawyers hardly understand the intricacies of
formal courtroom proceedings and trial procedure, and more often
than not, have very little or no preparation prior to their court
appearances. It could therefore be seen that the clamour for
extrication of lay policemen from criminal prosecution is primarily
not targeted at creating more jobs for lawyers, but rather at
leaving criminal prosecution in the hands of qualified personnel
(lawyers) who alone understand the law and are well able to match
the expertise of defence counsel in court, in order to ensure that
justice is dispensed in good time and more effectively.
8️⃣.Gradually, from among these lawyers who are LG Legal officers,
some Magistrates or even judges are appointed, just as is done at
the state level.
9️⃣. It would provide huge job/employment opportunities for lawyers
in Nigeria. Imagine, if all the 774 local government areas in
Nigeria create and have legal departments, and each local
government (depending on capacity) employs an average of 10-20
lawyers in its legal department, we’d have at least 7,740 to 15,480
lawyers or much more immediately gainfully employed at the local
government level.
?. It would redress the existing inequity and unfairness at the
Local government level. The following departments already exist in
all the LGA’s in Nigeria: Education, Health, Agriculture, Finance,
Information, and Works. It’s gross marginalization against the
legal profession that there’s not yet a legal department in all
LGA’s Nigeria. This obvious anomaly, which has wrought huge havoc,
considering the undeniable importance of law and lawyers in
society, needs to be be urgently corrected to provide the needed
balance that would make lawyers more relevant to society and move
society forward.
Consider my suggestions and think about writing your name in gold
in the anals of history. May I draw your attention to the fact that
legal Departments are already established and fully operational in
all Local Government Councils in Delta State. So, it’s doable.

One more thing, sir. Don’t be afraid of failure in this project.
In my piece titled “Critical issues NBA should be discussing, but
is not…” I wrote, “Katherine Kelly said: “It’s better to have tried
and failed than to never have tried”. Alfred Lord Tennyson said:
“It’s better to have tried and failed than to live life wondering
what would’ve happened if I had tried”. John Wooden said: “Failure
isn’t fatal, but the failure to change is”. You don’t try at
anything, you can’t fail. There is only one thing that makes a
dream impossible to achieve: the fear of failure” (see:
https://www.google.com/amp/s/thenationonlineng.net/critical-issues-nba-should-be-discussing-but-is-not/amp/^[4]).
Dear Mr Chairman, I am available to provide more suggestions,
details and insights into how this dream can be made a quicker
reality.

Best wishes, Mr. Chairman, sir.
Yours faithfully,
Sylvester Udemezue (udems). 08109024556.
udemsyl@gmail.com.
(13/August/2021).

By Sylvester Udemezue

13 August 2021.

The Chairman,
Nigerian Bar Association (NBA), Uyo Branch,
Akwa Ibom State.

Dear Mr Chairman, sir,

Re: NBA Uyo Branch New EXCO Visits Attorney General of
Akwa Ibom State, Pushes for Action on Issues Impacting the Bar,
Justice Delivery

Congratulations on your election as the NBA Chairman of your
great Branch. I wish you a successful reign.

I read about your 12/08/2021 courtesy visit to the Hon
Attorney-General of Akwa Ibom State and of your 8-point
demand/request.
I love your visit to the Hon Attorney-General (AG) and I love
especially the seventh point of your request/demand to the Hon AG
which is what attracted my attention and informed this open letter
to you: “Recruitment of lawyers into Ministries,
Departments, Agencies of Government and into the 31 Local
Government Councils in the State to unburden the Ministry of
Justice, while ensuring employment, especially for the new
wigs”. (https://loyalnigerianlawyer.com/nba-uyo-branch-new-exco-visits-attorney-general-of-akwa-ibom-state-pushes-for-action-on-issues-impacting-the-bar-justice-delivery/^[1])

This move by you shows that NBA Branches have started heeding
the call we have been making. Apart from in several earlier
commentaries, we publicly made the call during the NBA-AGC 2019,
and subsequently severely in many writings, insisting that NBA
should spearhead efforts to have established Legal Departments in
(1) all Police Stations across the country; (2) Government
Agencies, Ministries and Departments, and (3) all Local Government
Councils in Nigeria. (See: “Enlarging Job Space &
Making Lawyers More Useful To Society: My Double-Edged-Sword
Recommendation To 2019 NBA Annual Conference On How To Brighten The
Future Of Nigeria’s Legal Profession” December 30, 2019)
The National Assembly headed our call and introduced section 66(3)
of the Nigeria Police Force (Establishment) Act (NPFEA) 2020, a
provision we’ve been asking to be fully implemented to achieve its
purpose. Progress is being made! NBA National recently paid a
courtesy visit to the Inspector General of Police (IGP) and a joint
Committee set up to smoothen relationship between the two
organisations. (See: IGP, NBA To Set Up Joint Committee For
Promoting Human Rights, Rule Of Law. https://independent.ng/igp-nba-to-set-up-joint-committee-for-promoting-human-rights-rule-of-law/^[2]). We strongly
expect that the smoothening of relationship will focus on getting
section 66 (3) of the NPFEA 2020 implemented. Implementating
section 66(3) is capable of lifting almost 10,000 lawyers out of
joblessness and abject lack. But there are no fewer than four
immediate benefits accruable from full implementation of section
66(3):
▪️1). Many unemployed Lawyers would get immediately employed.
Nigerian lawyers need the job urgently oooo.
▪️2). Rule of law would be promoted and enhanced at the police
stations, and future ENDSARS protests may thereby be averted.
▪️3). We would have lawyers on hand to assist or advise in criminal
prosecution (by the police) in magistrates’ courts around the
various police stations.
▪️4). Filing of baseless charges by ignorant lay police officers
would be drastically reduced leading to decongestion of our
courts.(see:” Abdication Of Duty How NBA Leaderships Chase
After Shadows To The Detriment Of The Security, Welfare And
Economic Advancement Of The Legal Profession And Its
Members”  (APRIL 07, 2021: abdication-of-duty-how-nba-leaderships-chase-after-shadows-to-the-detriment-of-the-security-welfare-and-economic-advancement-of-the-legal-profession-and-its-members/^[3]). So, help us God.
Amen.

Now, dear Mr. Chairman, how would lawyers get being employed
massively into Local Government Councils in Akwa Ibom State? It’s
simple. Dear Chairman, please ask, persuade or plead with the Hon.
AG to immediately present a Bill to the House of Assembly of Akwa
Ibom State, for amendment of the LG Law to insert a clause/section
establishing a Legal Department in each of the 31 Local Government
Councils in the State.
That’s the starting point. And even if this is the only achievement
of your leadership in two years, you’d have achieved much more than
any other NBA Branch Chairman in the history of the NBA. It’s an
opportunity to write your name in gold. Sir, please don’t miss it.
Look around you sir; most members of your branch wallow in
joblessness and abject lack, frustrated and disenchanted with only
little hope in sight. Apart from lifting more than 1,000 lawyers in
Akwa Ibom State out of poverty and starvation, getting established
a Legal Department at each of the 31 LGA’s, which is the best way
to make lawyers more impactful on the society and at the grassroot,
will offer these ten immediate benefits:

1️⃣. Lawyers at the Local Government (LG) Legal Department would
supervise and undertake prosecutorial activities in magistrate
courts, and represent their respective LG’s in area courts,
Magistrates Courts, High Courts, etc.
2️⃣ They’d be on hand to render necessary legal advisory services
to their local governments.
3️⃣.They could become in charge of advising their LG Chairmen on
legal issues relating to issuance of the Customary Right of
Occupancy at the LG level, thereby playing roles similar to those
being played by the Ministries of Justice and Lands at the state
level in re the Statutory Right of Occupancy. Section 6 of the Land
Use Act, 1978 provides: “It shall be lawful for a Local Government
in respect of land not in an urban area. (a) to grant customary
rights of occupancy to any person or organisation for the use of
land in the Local Government areas for agricultural residential and
other purposes. (b) to grant customary right of occupancy to any
person or organisation for the use of land for grazing purposes and
such other purposes ancillary to agricultural purposes as may be
customary in the Local Government area concerned”.
4️⃣.They could take steps to set up (citizens) ADR/Mediation
Centers at the LG level, as well as render other legal aid/advisory
services aimed to help the local community or to make justice more
affordable and easily accessible by local inhabitants.
5️⃣.Establishing a Legal Department at the LG Level would
tremendously reduce the pressure of having all lawyers striving to
settle down only in major cities, such as Lagos, Port Harcourt,
Kano, Onitsha, Aba, Ibadan, Jos, Abuja, Enugu City, Uyo, Warri,
Calabar, Kaduna City, etc; lawyers employed by the various local
governments would have to relocate to the local council
headquarters where they’d live and operate from, with their
families.
6️⃣. It would bring Lawyers and Legal Services closer to the people
at the grass-root; residents of local communities would no longer
need/have to travel to the major cities in order to get the
services of lawyers to draft their various agreements, contracts,
or to render other legal advice.
7️⃣.Lawyers in the LG Legal Departments would, apart from attending
to the legal needs of the Local Government Councils,  assist
in prosecution of some cases, especially in courts located
within the local council areas. This would minimize involvement of
law prosecutors in criminal prosecution. Lay police officers` and
non-lawyers`continued involvement in criminal prosecution in
Nigeria, is partly responsible for the worsening cases of awaiting
trial cases and prison congestion in the country. Because of their
professional limitations in this area, so many of the so-called
police prosecutors are not able to match or withstand the legal
firework of professionally qualified lawyers who act as defence
counsel in courts during criminal prosecutions; these lay police
officers and non-lawyers hardly understand the intricacies of
formal courtroom proceedings and trial procedure, and more often
than not, have very little or no preparation prior to their court
appearances. It could therefore be seen that the clamour for
extrication of lay policemen from criminal prosecution is primarily
not targeted at creating more jobs for lawyers, but rather at
leaving criminal prosecution in the hands of qualified personnel
(lawyers) who alone understand the law and are well able to match
the expertise of defence counsel in court, in order to ensure that
justice is dispensed in good time and more effectively.
8️⃣.Gradually, from among these lawyers who are LG Legal officers,
some Magistrates or even judges are appointed, just as is done at
the state level.
9️⃣. It would provide huge job/employment opportunities for lawyers
in Nigeria. Imagine, if all the 774 local government areas in
Nigeria create and have legal departments, and each local
government (depending on capacity) employs an average of 10-20
lawyers in its legal department, we’d have at least 7,740 to 15,480
lawyers or much more immediately gainfully employed at the local
government level.
?. It would redress the existing inequity and unfairness at the
Local government level. The following departments already exist in
all the LGA’s in Nigeria: Education, Health, Agriculture, Finance,
Information, and Works. It’s gross marginalization against the
legal profession that there’s not yet a legal department in all
LGA’s Nigeria. This obvious anomaly, which has wrought huge havoc,
considering the undeniable importance of law and lawyers in
society, needs to be be urgently corrected to provide the needed
balance that would make lawyers more relevant to society and move
society forward.
Consider my suggestions and think about writing your name in gold
in the anals of history. May I draw your attention to the fact that
legal Departments are already established and fully operational in
all Local Government Councils in Delta State. So, it’s doable.

One more thing, sir. Don’t be afraid of failure in this project.
In my piece titled “Critical issues NBA should be discussing, but
is not…” I wrote, “Katherine Kelly said: “It’s better to have tried
and failed than to never have tried”. Alfred Lord Tennyson said:
“It’s better to have tried and failed than to live life wondering
what would’ve happened if I had tried”. John Wooden said: “Failure
isn’t fatal, but the failure to change is”. You don’t try at
anything, you can’t fail. There is only one thing that makes a
dream impossible to achieve: the fear of failure” (see:
https://www.google.com/amp/s/thenationonlineng.net/critical-issues-nba-should-be-discussing-but-is-not/amp/^[4]).
Dear Mr Chairman, I am available to provide more suggestions,
details and insights into how this dream can be made a quicker
reality.

Best wishes, Mr. Chairman, sir.
Yours faithfully,
Sylvester Udemezue (udems). 08109024556.
udemsyl@gmail.com.
(13/August/2021).