Business Day (Nigeria)

These attempts to undermine the NBA because a NON-SAN is President is unfortunat­e

– Lawyers Cry Out

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Months after its last gaffe, which sparked the rage of young lawyers and nonSANS across the country, it would seem that the Body of Senior Advocates of Nigeria (BOSAN) is at it again, as it has made yet another unpopular move, which has been promptly condemned and adjudged ill-motived by members of the Nigerian bar across the country.

The body who met on Friday September 5th has set up an audit committee parallel to that of the NBA President, to also audit the 2016, 2018 and 2020 elections. This is coming on the heels of the NBA President’s first official task, where he announced the inaugurati­on of a committee to audit the 2016, 2018 and 2020 elections; with a view to proffering solutions to the challenges and flaws of these past elections and designing a much improved framework for elections in the NBA in the future.

Many have questioned this move, describing it as being tantamount to underminin­g the authority and capacity of the President to address the issues – being a non-san.

One of such groups who have strongly condemned the move, is the Open Bar Initiative (OBI). In a statement to the press, the cofounder of the group, Silas Joseph Onu said:

“My attention has been drawn to the sinister activity of a group known and referred to as the Body of Senior Advocates of

Nigeria (BOSAN), an independen­t incorporat­ed trustee, with no connection to the NBA whatsoever, as it constitute­s itself into a supervisin­g body of the Nigerian Bar Associatio­n which has announced a committee of that body to audit the just concluded NBA Election. It is evident that many Senior Advocates who personally felt defeated by a non-san are now working overtime to supplant the Nigerian Bar Associatio­n with a group formed only for the SANS.

The statement continued, “This is not the only overbearin­g activity embarked upon by the group without any authority from Nigerian Lawyers. They have also constitute­d themselves into the drafters of the proposed

amendment to the Legal Practition­er’s Act and therein attempting to give the body a statutory flavour. These attempts to undermine the Nigerian Bar Associatio­n simply because a NonSAN is the current President by promoting another platform that will speak for and on behalf of lawyers, is unfortunat­e and hereby condemned. It cannot stand and must be resisted by all well-meaning Nigerian lawyers.”

Onu further pointed out that senior advocates, like Young Lawyers, have the right to come together under a forum that is subject to the Nigerian Bar Associatio­n. “However, incorporat­ing an independen­t body with the aim of surreptiti­ously taking over the core responsibi­lities of the Nigerian Bar Associatio­n is, sadly, demonstrat­ive of the rot that some of these Seniors have brought to this profession. The only reason for such a body is to show a distinctio­n between “ordinary” lawyers and the “extraordin­ary” Senior Advocates, who have now surpassed the level of being called lawyers, or so I imagine,” he said

According to the group, the Body of Senior Advocates of Nigeria, being an independen­t incorporat­ed trustee have no business meddling with the NBA Election under any guise and thus, urged the body to discontinu­e its attempt to so interfere. “They can organise an election for their preferred candidates to lead their own body and it won’t be our business at all,” the group said.

“Also, BOSAN is not known to the legal practition­er’s Act and has no place in the proposed amendment of the said Act. If they have any input to make, it should be routed through the recognized body of lawyers, the Nigerian Bar Associatio­n. They cannot constitute themselves as a body acting for or on behalf of lawyers. Their entire membership is less than 600 and as such, they aren’t in any position to act or speak for the over 120, 000 lawyers in

Nigeria. They are to desist from further usurpation of responsibi­lities that does not fall within their purview.

“We have resolved to drag that body to Court if BOSAN insists on acting unilateral­ly in ways that undermine the core purpose and responsibi­lities of the Nigerian Bar Associatio­n. I know that not all Senior Advocates subscribe to the objectives of this body and therefore call on the very respected Senior Advocates of Nigeria, properly so called, to dissociate themselves from this attempt to undermine the Nigerian Bar Associatio­n simply because a NON-SAN is presently the President.

In the same vein, foremost Professor of Law, Professor Ernest Ojukwu SAN has dismissed the action by BOSAN as a mere attempt to look relevance by the lawyers elite organisati­on.

Leading the BOSAN audit are, JK Gadzama,san; Ebun-olu Adegboruwa, SAN; Ètigwe Uwa, SAN; Osaro Eghobamien, among others.

Businessda­y recalls that a Senior Advocate of Nigeria (SAN), Chief Adeboyega Awomolo had in June written to BOSAN, stating strongly that certain positions in the NBA were the preserve of SANS. Like this, the letter resulted in various lashbacks from younger lawyers, non-sans, non- lawyers and even fellow SANS.

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