‘2017 NBA CONFERENCE WILL IMPACT ON NIGERIA AND AFRICA’
by seeking to re-shape the legal practice in Nigeria; change the direction of travel of the brand of NBA; return NBA and the profession to its pride of place in the eyes of the public, and create a level playing field for all in the practice of law. To this end, we have conceived a very rich programme to be anchored by worldrenowned professionals and innovators drawn across class, race, gender, age and philosophical predisposition. The hope is that, unlike other conferences, the discussion this year would transcend narrow legal points, to ensure real institutional building and value-add, not just to the legal environment, but the country and continent at large.
In embracing change attendant on the 4th Industrial Revolution, and pushing the boundaries placed by money and exposure on many in the legal system, we acquired, as a pilot project, with the assistance our good and great partners and sponsors, 11,000 tablets, which will contain one year’s free subscription of electronic law reports of the superior Courts in Nigeria; Laws of the Federation; Rules of Court of all courts in the Federation. There will be a psychometric test for all delegates, conducted free by Phillips Consulting and their Partners, Thomas International. But its not all about knowledge development or sharing; debates and networking with those within and outside the law. There will be a good dose of fun, theatre, dance, a Friendship Centre of promise, a Conference MarketPlace where trade and enjoyment will be in good measure. As for “Eko for Show” the Bar will be unBARred with the line up of famous artists we have for the Wednesday pop concert. We see the big picture and hope the public does, with what will happen in the country in the next 14 days.
Already, it seems that the Conference Planning Committee (CPC) is experiencing difficulties in the planning. We understand that there has been a change to a smaller venue for the Conference. Lawyers are also finding it almost impossible to complete their registration online. The online registration portal went down less than 24 hours after it was unveiled. Even after it was reopened, many Lawyers have not been able to register. Most were directed to make payment well over their year of call. Why were these glitches not taken care of on time? As the Chairman of the CPC, what steps are you taking to overcome these difficulties?
The TCCP in taking care of the business of Conference planning, employed open transparent and competitive processes, and engaged the services of leading experts in the field, while leaning on Nigerian Economic Summit Group (NESG); Phillips Consulting, Airtel and the United Nations Economic Commission of Africa (UNECA). The challenges faced for me, were more from luddites than technology or otherwise. That there are glitches is a non issue, as the best in class do have glitches. In praise of our web designer and host, the initial teething problem was solved in a day. The issue was more of trying to play a digital game on an analogue platform. Mountains were being created, not even molehills, by many who simply refused to follow established and easy pattern of use of technology. The hue and cry was to make this disorderly, and for me, engaging in a fraud, by asking for registration beyond numbers that could be catered for. The air was thick with falsity, like the conference venue was reduced, when in fact it has been doubled and a remote viewing centre created at the Law School Lagos. As planned from the beginning, TCCP went out of its way to ensure that there will be live streaming. We have also engaged partners that should result in live broadcast, not just in Nigeria, but all over Africa on two dedicated channels: DSTV and CNBC.
Challenges, are an indispensable part of growth. Improvement and progress and should therefore, not be adjudged based on the presence or otherwise of challenges, but on the level of speed and dedication in responding to such challenges. The hue and cry of a tiny minority, was for me emblematic of some of the challenges the Bar faces: the attempt at its unionisation, politicisation and de-robing. The ungracious ingratitude of this tiny minority, pales to further insignificance by the outpouring of positive welcome and appreciation of the efforts of the leadership of the Bar and TCCP, to give a sense of occasion and mark in history of pushing the boundaries of learning to lead. We have a game plan and we are confident we will succeed – no doubt not as originally conceived, but by any measure, with all things being equal, nature being kind to us, an achievement
"WE INTEND TO TRANSCEND THE HEIGHTS ACHIEVED DURING PAST CONFERENCES, BY SEEKING TO RE-SHAPE THE LEGAL PRACTICE IN NIGERIA; CHANGE THE DIRECTION OF TRAVEL OF THE BRAND OF NBA; RETURN NBA AND THE PROFESSION, TO ITS PRIDE OF PLACE IN THE EYES OF THE PUBLIC, AND CREATE A LEVEL PLAYING FIELD FOR ALL, IN THE PRACTICE OF LAW"
nonetheless.
One criticism that has trailed this year’s Conference, is that it is modelled after the NBA-SBL format of conferencing. Some diehard litigation lawyers have expressed concern, that they may not have much to benefit therefrom. How can you assuage their apprehension?
NBA and all agents of change, will never satisfy the cynics who live in a world of gloom. Ours is to rise and shine; to be more than conquerors in challenges that face us; and to come up with ideas that impact life. There can be no claim of plagiarism, if you copy yourself; neither can anyone take issues with a father drawing from his well trained and successful child. SBL has made us all proud. The first body to bring the IBA President, and foreign law firms to Bar Conferences. It caters for Solicitors, as it does for Barristers. It has had many discussions on advocacy at different levels, and from different angles. So SBL is one to admire and borrow from. That said, 2017 AGC is about social infrastructure – and more relevant to the Barristers than to Solicitors. The concept and planning of the conference, was organised in line with the vision of the current bar leadership, and the fine detail was aimed at providing a face- changing world class forum, fully digitised, which would stimulate conversations and networks that will leave a legacy for our continent and society at large – thus, the underpinning goal is about legacy and value add, a goal which appeals to the commercial in Lagos, as much as it appeals to the “die-hard litigation lawyer” in Enugu or Sokoto. This is about finding your market. It is about 360 you. It is about the firm and its brand. It is about succession planning and talent management. It is about survival in a world with emerging legal practice, that will wipe out anyone who decides to die-hard.
Earlier information was that duly registered conferees would be entitled to a tablet with fully loaded LawPavillion Electronic Law Report applications. Lawyers still do not know the brand of tablets they will be getting, and now Lawyers have heard that LawPavillion has opted out of the arrangement. Is this true? What then, should conferees be looking forward to, as promised by the Technical Committee of the CPC? Many feel shortchanged.
In line with the direction the world has gone, we are still, as promised, providing work-enabled tablets fully loaded with bespoke and first class law reporting services, containing materials on decisions of superior courts in Nigeria, tribunals, sharia courts, as well as foreign research materials and judicial precedents. Our goal was to partner with a platform, that would give us the best suite of material to assist the Nigerian lawyer. The selection of the electronic law-reporting partners of the NBA AGC this year was, as with everything else, based on the results of a transparent competitive bid process. A beauty parade of all intending to offer this service to the NBA was conducted, and the winners were chosen based on the robustness of the service on offer, and the generosity of the service provider to the NBA, and the Nigerian lawyer. We thus, partnered with Legalpedia Nigeria Limited, who of all bidders, offered the most extensive bouquet of legal resources in the market, including one year free subscription to decisions of superior courts of record in Nigeria, tribunals, sharia courts, as well as foreign research materials and judicial precedents. We also have on board, Law Breed Limited who provide the only precise representation of our apex courts decisions. In addition, we have also partnered, for the commercially inclined in the Bar, with the Commercial Law Report of Nigeria, thus ensuring that we cover the field, in delivering the best value add to all delegates. Tablets are being delivered as I speak. The original plan to get one form of tablet did not work, as manufacturers could not deliver before the eve of conference. TCCP thus, with the continued help of Airtel went back to a competitive process of sourcing tablets that could be procured in time for delivery before conference deliberations. The market is not as deep as imagined, but providence smiled on the Bar and in hands of delegates will be outstanding brands.
Lagos has always posed a logistics nightmare when it comes to conferences. Now, in the middle of inclement August weather, it rains cats and dogs on a daily basis, coupled with traffic gridlock in the Victoria Island-Lekki axis. What mechanism is in place, to ensure that conferees will not be arriving at the Conference venue late?
We are partnering with the Lagos State Government in the delivery of this year’s conference, who will be providing dedicated Lagos State Transport Management Authority (LASTMA) officials along the course to and from the venue, in order to ensure free flow of traffic. There are also dedicated parking spots in areas that would ensure that the venue is not congested, and state of the art free buses to convey attendees to and from their car parks. We have made arrangements to park and ride (in air conditioned buses), and I enjoin all delegates to make use of this facility, and avoid driving to the two venues we have: the Remote Viewing Centre at the Nigerian Law School, and at also along Water Corporation Drive, Oniru. With prayers for success of the Conference capped with services at Lagos Central Mosque on Friday the 18th and Christ Church Cathedral on the 20th , I am sure the heavens will have pity, the sun will shine to give us light, and there will be showers blessing.
What informed the decision not to have breakout sessions at this year’s Conference? Even at the International Bar Association Conferences, there are breakout sessions.
This is one of the more interesting misconceptions about the Conference. There was never a time, in the planning of this Conference, when the TCCP considered the idea of dispensing with breakout sessions. We have over 25 (twenty five) breakout sessions at the Conference, which all have implications on, and revolve around, the central theme of African businesses and institution building. Some of the breakout sessions are (I) Military Business, the focus of which is the civilian use of military inventions in business activities; (ii) The Business of Cyber Law, the focus of which is the internet as a tool for globalisation; and (iii) Managing Client Expectations, which will involve discussions on various strategies law firms can adopt to remain relevant to their clients. Each day has four breakout sessions, with competent and accomplished session chairs, moderating each and every one of them.
Many Lawyers have complained that they have never missed any AGC in the past 15 or 20 years, and now they have been shut out of this year’s Conference, due to their inability to register, through no fault of theirs. How will the NBA ensure that they get their CLE points this year? Would it not amount to unwarranted punishment, if they miss out on their CLE points?
No one willing to register, has been shut out. Its all part of the campaign of calumny by a few. Who builds without counting the cost? Who sets out without a plan? We have nurtured resilience in executing our plans and thus, provided for all who have come to our nest. Grant of CLE points is not part of the mandate of TCCP. NBA however, will be issuing CLE E-Certificates. Let us not forget that more have claimed that they have attended conferences in the past, only in theory. This year attendance will be real – God willing.
Let me add that, there are over 100,000 lawyers in Nigeria. Going by a recent Court of Appeal decision, all these lawyers are members of the Nigerian Bar Association. Even Lagos, Nigeria’s mega-city and the country’s major industrial area, has no event centre, which can conveniently sit 6,000 people in conference style. The undeniable truth therefore, is that it is practically impossible for even a tenth of all the lawyers in Nigeria, to physically attend any conference in Lagos. In view of this limitation of infrastructure and resources, the approach taken by the TCCP this year, has been to ensure that only the number of delegates, which can be realistically catered for, is registered. To do otherwise would be to defraud people by allowing them register and then failing to cater for them appropriately. If an aircraft is full, it is full. Overloading it, can only result in one outcome.
Notwithstanding these limitations, the TCCP this year, in a bid to strike a balance, has come up with some arrangements, to extend the Conference experience and benefits to as many as possible. These include creating a window of registration for delegates, who though unable to attend physically, can get all conference materials including the electronic tablets and conference brochures, partnering with MultiChoice Nigeria, CNBC and Channels to secure live coverage of the Conference, live streaming of the conference, remote-
"ANOTHER STEP REQUIRES US TO IMPLEMENT LAWS, IN THE SPIRIT OF THE ADMINISTRATION OF CRIMINAL JUSTICE ACT, 2015, THAT WOULD REDUCE WAYS IN WHICH CASES ARE STALLED IN THE COURTS UNNECESSARILY. THE COURTS NEED TO BE FIRM AND BRAVE, IN MY VIEW. BUT THE CHARGE REMAINS FOR EFCC TO GET ITS HOUSE IN ORDER"
viewing centres, etc. It would therefore, be incorrect to say that any person has been shut out of this year’s Conference, or that the Conference has been organised only for the elite.
How is the CPC planning to make the attendance of this year's Conference affordable for young Lawyers? For one, the Conference will last about a week, and accommodation and feeding in Lagos certainly do not come cheap. What benefits will the young Lawyers derive, having struggled to attend the Conference with their meagre resources?
First notion to dispel, is that there is an obligation to one class as against another, in the NBA. The body must represent and cater for all its members. Second, it must be underscored that there are many lawyers that are not young, that are terribly disadvantaged – by a host of factors. The North East in particular, has many lawyers displaced by insurgency. We have lawyers in other areas, affected by the recession. They must count, and their success is also of concern to TCCP. To this end, arrangements have been made to sponsor disabled, disadvantaged and young lawyers to the Conference. Many have made this possible, including UNECA and StanbicIBTC. TCCP has also arranged with Arik to fly delegates, both old and young, from all over the country at highly subsidised rates N38,000 round trip!
As one who has successfully handled EFCC cases in the past, what do you think is responsible for the losing streak which the EFCC Counsel currently seem to be on, in their prosecution of high profile cases?
There is a lot of thinking that needs to go into our institutions, to ensure that there are appropriate procedures that guide the collection of evidence and the prosecution of cases. We cannot point to one particular issue and as such, a 360-degree revamp should be considered – including a reform of our courtroom processes. However, as a first step, it would help if there were better means of collecting evidence, and ensuring that it is relevant and would secure the required convictions. Another step requires us to implement laws, in the spirit of the Administration of Criminal Justice Act, 2015 that would reduce ways in which cases are stalled in the courts, unnecessarily. The courts need to be firm and brave in my view. But the charge remains for EFCC to get its house in order. Trial by media has done little good, as it seems to me to detract from the painstaking work of detailed gathering of evidence – as evidenced by what prosecutors did with the case against Diezani in the US. There is no short cut to this. The evidence just needs to stack up. I am sure EFCC will be well advised, to approach some of our leading criminal lawyers to take up prosecution. EFCC may want to consider reliance on forensic professionals in the country, to help in piecing together the puzzle created by criminal minds.
Some people believe that corruption and poverty are really the basis for the present separatist agitation in Nigeria. That maybe if the country were in a better place, there would not be such cries. Do you agree? Or do you believe that the cries are justified?
Mediocrity seems to me, to be the aetiology no one speaks of these days. We run the risk at all levels, that the survivor will be the mediocre. The truth of life is that, it is the fittest that survives. What seems to thrive is mediocrity, incapacity and opacity – all which manifest in unbridled corruption, which continues to impoverish us in all things and in all ways. It is a war getting things done properly, and it is a lot easier to depart from due process and achieve the short term goal of personal gain. There is so much, which we have in talent and opportunity. The diversity of the country, should be a source of opportunity, but some of us use it as a fishing rod of disunity. At the end of the day, we are all made of the same cloth – all being human beings from the same source.
Agitations are no more than expressions of frustration, and as long as mediocrity continues to multiply like a raving virus, we will continue to be confronted by this crisis of confidence. It seems the noises have abated, and I am unsure this last round was not politically motivated and partly created by government, which by its obduracy created big men from nowhere. Statistics show, that over 112 Million Nigerians, live below the poverty line, and this explains the belief in some quarters that a separate “Country” with new people, processes and procedures at the helm of affairs, will solve the problem. I think not. The existence of a state, is premised on the philosophy that its people will receive equal economic dividend from its fortunes, and be treated with dignity by its elected representatives. Where this fundamental tenet is relegated to the background, a circumstance such as those in which we find ourselves, as a nation would be the invariable result. I think we are being overtaxed in every sense of the term, and government runs the risk of disobedience it cannot contain, if it continues to lay heavy yoke on the people, without building for them institutions that last and make delivery of goods and services, easy and unavailable for corrupt practices.
It is problematic to pontificate about the cries of others whether justified or not, when one has not walked in their shoes. The point is that, there should not be a flippant disregard of the cries of separatists, instead, there should be honest engagement, in order to understand their dissatisfaction and also plot on the best means to ease it, without the extreme route of separation. When we propose solutions without understanding the root, then we are bound to make policy mistakes that would not be the best for the country.
Which camp do you belong to? The Separatist or the Restructuring or the Nigeria is fine as it is? Do you believe that the Centre is too strong?
I think there is a need to have an honest discussion, based on an assessment of the federal system we have run so far, and address the missteps that have been made, and formulate policies to create a more perfect union. Without doubt, the centre is a child of command and control – a hang over from inebriation with military in politics. It is common ground amongst leading experts, that federalism is a good system of government that will work well for us. The centre grabbed the powers of its federations units, and today, the legislature is engaged in a massive land grab of powers stolen by the Executive from the States. The time to talk at a constituent assembly of the people, has thus arisen, and the tokenism at constitutional amendment, is obviously self serving. I am an apostle of peace and disciple of reconciliation – and thus, cannot subscribe to separation. Rather, I think we need, as technology has done for us, disrupt the status quo with ideas that sell a future we all need.
Some believe that the 1963 Constitution is the ideal Constitution for Nigeria. Do you agree?
Although the 1999 constitution has been criticised, the 1963 constitution was modelled for a particular time in Nigeria’s history. But is is a damn good document. It worked, and the nation and its regions flourished. There were a few challenges, and rather than be allowed to ride the storm and learn, we welcomed military incursion in politics. The rest is history. It is never advisable to go to the past, when the world is moving to the future. I think the ideal constitution for Nigeria, is one that takes into consideration all the mistakes of our past constitutions, and frames a model that also caters for the challenges we currently face as a country, and we are likely to face in the future. In all, the need for clarity cannot be overstressed.
"I AM AN APOSTLE OF PEACE AND DISCIPLE OF RECONCILIATION – AND THUS, CANNOT SUBSCRIBE TO SEPARATION. RATHER I THINK WE NEED, AS TECHNOLOGY HAS DONE FOR US, DISRUPT THE STATUS QUO WITH IDEAS THAT SELL A FUTURE WE ALL NEED"