NBA Annual General Conference 2018
“THE NBA REJECTED PRESIDENT MUHAMMADU BUHARI’S STATEMENT THAT, THE RULE OF LAW, IS SUBJECT TO NATIONAL SECURITY AND INTEREST. IT SAID NATIONAL SECURITY AND INTEREST, ARE RATHER, SUBJECT TO THE SUPREMACY OF THE RULE OF LAW”
The Conference commenced on Sunday, August 26, 2018, with the traditional pre-Conference National Executive Committee meeting, which held at the NBA National Secretariat. It was at the NEC meeting, that Paul Usoro, SAN was presented with his Certificate of Return, as the duly elected NBA President, and then the meeting proceeded to deal with other matters thereafter.
The same day witnessed the Opening Ceremony, which President Muhammadu Buhari declared open with the theme “Transition, Transformation and Sustainable Institutions’’.
The Chief Justice of Nigeria
The Chief Justice of Nigeria, Honourable Justice Walter Onnoghen, said that the Conference serves as an intellectual compass for the members. He said the choice of His Excellency, President Nana Akufo-Addo of Ghana as the main Speaker for this year’s Conference, and other notable local and internal resource persons, spoke volumes on how the NBA has expanded the frontier of the Conference.
“President Nana Akufo-Addo is a vibrant Legal Practitioner of many decades, and had championed the cause of human rights for many years, before becoming a President.
“He therefore reserves the right to speak to the theme, and it is our hope that the Conference will come out with salient outcomes, that will enrich our Association and country’’, CJN said.
On the forthcoming general elections, Onnoghen said Democracy provides citizens the freedom to decide who governs them.
“The significance of the ballot for sustaining democracy, must be protected by all and sundry.
“The electoral members, must be thought to conduct themselves in the most acceptable manner.
“In the event of election disputes, the Judiciary must be prepared to play its role, with substantial credibility’’, Onnoghen said.
On the attempt to introduce flexibility in filing of appeals at the Supreme Court, the CJN said the deadline for the Nigeria Legal E-mailing System, would soon be activated. According to him, the system is deployed to end paper filing of processes in the Apex Court. He however, advised the lower courts across the country, to adopt similar measures, to forestall the present cumbersome nature of filing processes in courts.
The Attorney-General of the Federation
The Attorney-General of the Federation, Abubakar Malami, SAN, described the NBA as a premium Association that had assisted the country in various spheres.
He said the country’s journey toward ensuring supremacy of laws was still in order, adding that, the government had in the last three years, strengthened the country’s prosecutorial agencies to perform better.
A.B.Mahmoud, SAN, Outgoing NBA President
Outgoing President of the NBA, A. B. Mahmoud, SAN, said the Association had, in the last two years, embarked on programmes to build the confidence of the public in the profession.
Mahmoud said the Association was interested in the growth of the country, adding however, that, such growth could be stifled, if the rule of law was not in place. He stated that the choice of the Conference theme was deliberate, adding that, it was intended to cure the widespread disconnect and weakness in most of the country’s institutions.
He said the Federal Government must increase its visibility in those trouble spots, to abate the ongoing killings by hoodlums.
Mahmoud further said that, the practice where those State Governments used their allocations to fund Federal security agents, must be discouraged, as, according to him, the practice is draining State funds.
Mahmoud said the three-day Conference would address Climate Change, Human Rights, Equality/Justice, Rule of Law, Security, Conflict Resolution, as well as Innovation in Technology.
President Muhammadu Buhari
Opening the Conference, President Muhammadu Buhari said the rights of individuals in the society, must always take a second place, where national security and public interests are threatened.
He said although his administration subscribes to the rule of law as the foundation of the society, it is also guided by the belief that, the rule of law must be subject to the supremacy of the nation’s security and national interest. “Our Apex Court has had cause to adopt a position on this issue in this regard, and it is now a matter of judicial recognition that - where national security and public interest are threatened or there is a likelihood of their being threatened, the individual rights of those allegedly responsible, must take second place, in favour of the greater good of society”.
Buhari urged Lawyers to join his administration, in achieving the core objective of enhancing Nigeria’s business environment and promoting social justice, by promoting respect for the Rule of Law; contributing to the law reform process, and putting national interest and professional ethics above self, in the conduct of their business.
The President recalled the challenges faced by his administration since its inception in 2015, and efforts being made to put the country on a better footing.
“Let me assure you, of the resolve of this administration to promote measures that will achieve a vibrant economy, under which the practice of law will thrive.
“Through fiscal discipline, good housekeeping, we navigated the difficult days of economic transformation at the beginning of this Government in 2015, and have now come to improving economic indices, including the consistent increase in our foreign reserves; thirteen straight months of decreasing inflation.”
He urged Lawyers to uphold and improve the sanctity and integrity of Nigeria’s judicial and electoral institutions, which play a fundamental role in the sustenance and growth of our democracy.
“While we have made appreciable progress in several sectors, including public awareness of the need to challenge the corrupt and the brazen in our midst, we have also learnt useful lessons on the dynamism of our society.
“However, elements within every society, including some Lawyers, can equally become unduly resistant to change, even where it is proven that such change is to serve the interest of the larger society. At worst, corruption fights back.
“As we gradually move into another season of intense political activities preparatory to the 2019 General Elections, I enjoin you to remember that by reason of your profession, you all have a responsibility to work for national cohesion and unity, through your speeches and public positions, and most importantly, in your advocacy in court.’’
President Akufo-Addo to African Countries - “Prioritise Budgetary Arrangements for Legislature, Judiciary”
Ghanaian President, Nana Addo Dankwa Akufo-Addo, who delivered the Keynote Address, said, African countries must open up opportunities for all, and that priority must be given to key institutions of State. Describing the Judiciary as one whose independence must be guaranteed, the President explained that, in Ghana, the independence of the Judiciary is critical, because of its constitutional jurisdiction, the reason why appointments to Ghana’s Supreme Court, for example, come from different perspectives. This blend of persons in the Supreme Court, he said, “in my view, will strengthen the development of Ghana’s jurisprudence.”
The President of Ghana, also called on African leaders, to address the hopeless state of infrastructure in the continent. According to him, “We need to build roads, rails and electricity. We need to provide drugs for poor communities and hospitals, at affordable prices. None of those things can be that effective, without the long arm of legal practitioners touching them one way or the other”.
Falana SAN: NBA is too Docile
Human Rights Lawyer, Mr. Femi Falana, SAN said Nigerian leaders have contempt for the rule of law.
He blamed Lawyers, for not resisting disobedience of court orders. He said that the in the past, the NBA, would shut down the courts, when the Government disobeyed a court order. He said today, the NBA has become “comfortable” with the violation of the rule of law.
Reacting to President Muhammadu Buhari’s statement at the Conference opening, that “the rule of law must be subject to the supremacy of the nation’s security and national interest”, Falana said the issue was about who defines national security.
“What the President, with profound respect, was preaching on Sunday, is what they call in East Africa 'rule of rulers', not rule of law. We need to strike a balance, between the rule of law and national security.
“State security, does not mean the security of the Government in power. It means the collective security of Nigerians.
“When you disobey a court order, you are inviting anarchy and chaos, and that is subversive of national security”, Falana said.
Falana said that he was detained over 13 times, between 1985 and 1998 by the military regimes, and that whenever a court ordered his release, it was obeyed.
“I was once detained in Jigawa State, very close to the border, for 10 months. My wife obtained a court order in Lagos. The then Attorney-General who knew who I was, wrote a letter to the prison authority from his sick bed, telling them that the court order must be obeyed”, he said.
Magu: We Don’t Really Know the Volume of Looted Funds
The Economic and Financial Crimes Commission (EFCC) Acting Chairman, Ibrahim Magu, said it was difficult to give the exact figure, of how much has been looted from Nigeria.
He blamed it on poor record keeping, adding that, previous administrations’ lack of political will, accounted for the poor rate of asset recovery from abroad.
“It is difficult to estimate what Nigeria has lost, because we have a poor record keeping system”, he said.
Magu criticised Lawyers, some of whom he said aid money laundering, urging the NBA to discipline its senior erring members.
“Lawyers have been involved in money laundering; laundering of proceeds of crime. When they were asked to register with the Special Control Unit Against Money Laundering (SVUML) for regulation, they went to court. NBA said it could regulate itself. But, how far has NBA gone in regulating itself? That is the issue.
“I think the NBA Disciplinary Committee, should be up and doing. I get embarrassed when NBA descends heavily on Lawyers who are not considered to be significant, but they turn a blind eye to what big-time counsel are doing. “I think they have to do their work without looking at faces, no matter whose ox is gored. That is the only way that we can have confidence and respect for the Disciplinary Committee,” the EFCC Chief said.
Phillip Hackett QC
Phillip Hackett QC, said the United Kingdom may be reluctant to return Nigeria’s looted funds, because of fear that they could be re-looted. According to him, Nigeria has only recovered a fraction of its loot, hidden in the UK. “How much money has been recovered? Practically nothing. Nigeria has recovered so little,” said Hackett.
He was the lead Speaker at a session with the theme: “Institutionalising the War Against Corruption – New Approaches to Assets Tracing and Recovery.”
The session, which was chaired by Presidential Advisory Committee Against Corruption Executive Secretary, Prof Bolaji Owasanoye, featured Magu, represented by EFCC’s Director of Legal and Prosecution Department, Chile Okoroama. Also on the panel were Dr Mike Ozekhome, SAN, former Civil Liberties Organisation President, Mrs. Ayo Obe and a Lawyer, Ehi Esoimeme.
According to Hackett, the UK’s attitude towards Nigeria, is that it cannot be relied on, to account for returned assets.
“The UK position is that, Nigeria cannot be trusted with its own money. That’s what underpins it (poor asset return rate), and it has to be addressed”, he said. He, however, said UK laws have been reviewed, to make asset recovery and return easier.
Prof Bolaji Owasanoye
Responding to a question on why the Federal Government pays so little (five per cent) to Lawyers who help in asset recovery, Owasanoye said Lawyers who handled such cases in the past, were paid billions with nothing to show for it.
He said the NBA also did nothing, to rein in such Lawyers who pocketed billions for doing no work.
Owasanoye said: “The NBA as presently designed – its mindset – is not in a position to fight corruption, unless you want to deceive yourselves. I’m a member of the NBA. It’s my position, it’s not a secret. Every time I’ve had a chance to speak at NBA Conferences, I always make the point using facts.
“If the NBA will not take a position and deal with the issue, we’re going to be going round in circles. And the implication is that, majority of the practitioners are going to be left on the fringes. They will not be able to survive. “It behooves the NBA, to create mechanisms that will assure the public that it is dealing with the issue. Otherwise you stigmatise the entire profession, for the sins of a few.”
The PACAC Executive Secretary, denied Ozekhome’s allegations that money recovered from abroad was being re-looted, saying that all the cash recoveries are kept in a dedicated account, and that none is spent without appropriation.
Owasanoye said anyone alleging that money has been re- looted under the Buhari administration, should provide evidence.
Dr Mike Ozekhome, SAN
Ozekhome accused the Federal Government of engaging in selective war against corruption, adding that the NBA has been silent in the face of abuses of rule of law.
“The NBA has been sleeping. The NBA, to me, with all due respect, has been greatly compromised. And I think the time has come for us Lawyers, to make up our minds, that if the incoming Executive wants to go the way of the last NBA, there will be need to split the NBA from the old order, to a new one.