‘Only About 4.2% of Senior Advocates Are Female’
From April 12th to 13th , 2018, the oil city of Port Harcourt, will play host to the cream of the Nigerian legal profession, when it hosts members of the Nigerian Bar Association’s Section on Legal Practice (NBA SLP) for its annual Conference. In a chat with Onikepo Braithwaite, the Chairperson of NBA SLP, Mrs. Mia Essien, SAN, delved into the issues that will engage the attention of conferees, including professional ethics, relationship between the Bar and Bench, and rebuilding and repositioning the Section after a two-year hiatus. She also spoke on the seeming gender imbalance in the Inner Bar. Mia Essien, SAN, who is the Managing Partner of Principles Law Partnership, with offices in Port Harcourt and Lagos, obtained her LL.B (Hons) from the University of Nigeria in 1984. She was Called to the Bar in August, 1985. In 1991, she obtained an LL.M. from the University of Lagos. She‘took silk’ in 2007, and is a Fellow and Chartered Arbitrator of the Chartered Institute of Arbitrators (UK). She is a Notary Public, and a Member of the Executive Committee of the Commonwealth Lawyers Association. She is also a Member of the Faculty of the Chartered Institute of Arbitrators (UK); and a Member of the Adjunct Faculty of the Nigerian Law School, Gwari, Abuja.
The NBA-SLP (Section on Legal Practice), of which you are the Chairperson had the misfortune of being in limbo for over two years. What was the reason for this? How did you manage the affairs of the Section while it was in dormancy, given the fact that the parent body seemed to be against your emergence as Chairperson of the Section?
It is incorrect, to assert that the parent body was against my emergence. It is unfortunate that for some reasons, the past President decided to review the elections that had taken place. It was later found, when the current President came in, that due process was indeed, followed, and so there was no reason for the steps that had been taken. Consequently, at the Section’s AGM held in Lagos in August, 2017, the officers that had been removed were re-elected.
However, that is all past and we do not want to dwell on it, but to look ahead. The Section has a very bright future, and the current Section officers and Council members, believe that with time it will emerge stronger and rejuvenated. Our focus is on rebuilding the Section and positioning it properly, because irrespective of your area of specialisation, as Lawyers, the Section on Legal Practice covers all aspects of practice, and has an impact on the manner in which we practice law. Before we were able to get back on track, we lost one of our very dear Council members, Chief Adetola- Kazeem, SAN. He was a pillar of the Section. We miss him and his very wise counsel. May he rest in peace.
What really is the role of the NBA-SLP?
By our by-Laws, the objects of the Section on Legal Practice are to:
1. Promote the exchange of information and views among individual members of the Section and other likeminded bodies as to the laws, practices and procedures affecting the Section locally and internationally.
2. Assist members to develop and improve their legal services to the public. 3. Publishing the Section on Legal Practice Journal 4. Undertake Continuing Legal Education. 5. Undertake such related activities as may be approved by the Section’s Council from time to time.
Thus, you can see that the Section has quite a role to play, in ensuring that members of the NBA constantly receive information and views pertinent to practice, and ensure that we assist our members develop and improve legal services and their delivery. This is why, in the past, we always ensured that our conferences have practical practice tips, such that even those who are not involved in certain aspects of practice, leave our conferences significantly enriched with tips and information on various aspects of practice. We also have a Journal, and we have also asked members of the Bar to submit articles to be considered for publication in our SLP Journal. Our journals always have topical practice articles.
The Section has 14 committees which, under their chairpersons, are to hold various seminars and workshops in the course of the year. Before the Section went dormant, I was the Vice-Chairman and Mr. D. C. Denwigwe, SAN was the Chairman. At that time, the various committees were very active and held various seminars and workshops in various areas of the country. Currently, our administrative staff are processing renewals of members and new memberships, and we will soon collate member-
“OUR FOCUS IS ON REBUILDING THE SECTION, AND POSITIONING IT PROPE BECAUSE IRRESPECTIVE OF YOUR OF SPECIALISATION, AS LAWYERS, SECTION ON LEGAL PRACTICE COVER ALL ASPECTS OF PRACTICE, AND IMPACT ON THE MANNER IN WHICH PRACTICE LAW”
ships of the various committees and inform their chairpersons accordingly.
We hope to soon put in place a scholarship for young lawyers who are unable to attend our conferences or seminars, so that they can have the opportunity to do so. We intend to achieve this by reaching out to our senior members to be a part of the scheme, and to contribute towards that. It will be one of their ways of giving back to the profession.
The NBA-SLP’s Annual Conference themed: “Re-Thinking and Re-Tooling Legal Practice for the Challenges of Our Time” will hold in Port Harcourt April 12-13, 2018. What will be the highlights of the Conference? What innovations will be introduced at the Conference, that will be of benefit to Lawyers in their practices, and what do you hope to achieve?
The conference will consider topical issues on professional ethics, the relationship between the bench and the bar, effectiveness of the prosecution of white collar and economic crimes, factors impeding lawyers in generating income, and as 2019 looms large on the horizon, we will consider election matters and the journey so far with the Electoral Act 2010 (as amended).
We have knowledgeable and amazing speakers, who have the expertise, experience and passion to discuss the topics they have kindly agreed to speak on and we are very grateful to them. The positive response from our colleagues, who agreed to contribute their time as speakers, discussants or chairpersons so as to be a part of the SLP Conference, has been overwhelming considering the fact that the Section has basically been inactive for a couple of years.
After our opening ceremonies, we will immediately kick off with the session “Practicing law in a regulated environment – what we need to know”. This session will deal with professional ethics, which as we know, is on the front burner of the public discourse. We are regaled on a regular basis with allegations of misconduct against Lawyers, some of whom have been disciplined, to the knowledge of the public. As the Section on Legal Practice, we need to talk about this, how to stem the growing tide of misconduct and criticism that arises therefrom.
To show how serious these issues are in other jurisdictions, I will give an example of a friend who practices outside the country. I recall him being quite agitated on an occasion, because he was handling a matter which was about to be statute barred and he had not filed his originating processes or informed his client that the action would soon be statute barred. He feared the Bar Council, where he practiced, would take away his licence if the case became statute barred. So, we can see, we still have a long way to go in Nigeria.
As Lawyers, we need to fully understand the extent of our duties, and where we can run afoul of the rules and regulations. As a practicing Lawyer, can you be engaged in the business of buying and selling land? Can you manage an estate? Can you advertise? Are you liable for negligence? How many Lawyers have liability insurance? What are the chances that the public will become more aware and start suing their Lawyers for negligence? Our first session therefore, will consider laws regulating legal practice, extent of practice, disciplinary issues arising therefrom. Our main speakers, Yemi Candide-Johnson, SAN and Etigwe Uwa, SAN, will treat the sub-theme from different perspectives, and at the end of the session, it will be clear to those who do not know or who claim not to know, what is right, what is wrong as a practitioner and
the chances of being disbarred or disciplined, as the case may be.
After that, our President, Mr. A. B. Mahmoud, SAN, will have an interactive session with us, where he will share insights into the NBA’s Reform Strategy with a focus on its regulatory reform initiatives. He will share with us proposed models and modalities which the Bar may consider, in reforming the regulatory framework of the legal profession.
We also have a session “The bench and the bar managing our symbiotic relationship.”
We have erudite justices and judges, who will be part of this discussion. The session on economic and white-collar crimes, will be chaired by the Honourable Attorney- General of Rivers State, and we have confirmed speakers from the EFCC as well.
2019 is an election season and so we have a session that deals with election matters. Our main speaker is Mr. E. C. Ukala, SAN, who as you know, is seasoned in the handling of election matters. It promises to be very enlightening and we are certain that, at the end of the day, Lawyers who have been briefed to handle such matters will be better equipped.
Young Lawyers will be interested in the session that deals with factors impeding our ability to generate revenue, and we have experienced speakers, as well as young lawyers who will give us their perspective. The main focus of this session, will be to provide guidance to both young and older Lawyers when it comes to billing and being rain makers in their own right.
Our conference website will be up for registration in a couple of days, and you can get more details on our several speakers and the full programme on our website nba-slp.org.
We encourage our colleagues to take advantage of our early bird registration which will end on the 15th of March, 2018. For registered SLP members, whose dues are up to date, attendance to the Conference will be free, but they will have to register to attend the conference. After the 15th of March, 2018 they will pay to attend. Details are on our website.
Law Pavillion is also giving to all registered participants of the Conference, one year free access to their Online Case Management system.
We are certain that the Conference will fulfil SLP’s role, which is to encourage the exchange of information, views and assist members to develop and improve their legal services to the public.
Your sister sections like SBL have special programs for its young Lawyers, and at all their Conferences or events, they make special arrangements for their young members, including discounted registration fees and cost of accommodation. What plans do you have for young Lawyers at the upcoming
“THE CONFERENCE WILL CONSIDER TOPICAL ISSUES ON PROFESSIONAL ETHICS, THE RELATIONSHIP BETWEEN THE BENCH AND THE BAR, EFFECTIVENESS OF THE PROSECUTION OF WHITE COLLAR AND ECONOMIC CRIMES, FACTORS IMPEDING LAWYERS IN GENERATING INCOME AND AS 2019 LOOMS LARGE ON THE HORIZON, WE WILL CONSIDER ELECTION MATTERS AND THE JOURNEY SO FAR WITH THE ELECTORAL ACT 2010 (AS AMENDED)”
‘ONLY ABOUT 4.2% OF SENIOR ADVOCATES ARE FEMALE’
Port Harcourt Conference?
Right now, we have free registration for all SLP members including young Lawyers, provided they pay their Section dues. After the 15th of March, 2018, we have a significantly discounted rate for young Lawyers, and we encourage them to register as members of SLP to take advantage of the free registration. We also have plans to develop programmes in conjunction with the Young Lawyers Forum, and as I had said, we intend to develop a scheme whereby in the future, we can sponsor young lawyers for our Conferences. We will be counting on the benevolence of our members, who are senior Lawyers, to achieve this.
In other jurisdictions, Lawyers are preparing for the challenges of the onslaught of artificial intelligence, and it is inevitable that it will have a telling effect on the work of Lawyers. There was a major session on this at the SBL Conference in Lagos last year, and also at the IBA Conference in Sydney, Australia. Nigerian Lawyers seem to be either ignorant of this serious threat to the profession, or are just not concerned. What steps is SLP taking to ensure these concerns are addressed?
I will not say that Nigerian Lawyers are either ignorant or not concerned. I believe the issue of artificial intelligence, is not as alien (pardon the pun) as it would seem to be to us. Artificial intelligence refers to computer software and systems that do not just do the task, but actually learn as they go along improving their delivery through feedback, an example of such software is IBM’s Ross. For Lawyers, artificial intelligence will help in the review of documents, especially when it comes to discovery, legal research, analysing contracts, documents and proof reading same. A Deloitte Insight report released in 2016 noted that there are going to be huge reforms/changes in legal practice over the next decade, estimating that nearly 40 percent of jobs in the legal sector could end up being automated in the long term.
There are various ways law firms can benefit from artificial intelligence, and it will be one of the topics the SLP will address at future events, as employers may need to emphasise the use of Lawyers who are not just technically competent, but who have a broader skill set.
However, while waiting for the full onslaught of artificial intelligence, I believe that as Lawyers practicing in Nigeria, we should also focus on having responsive dynamic legal practices, which provide quality and effective legal services rendered in a time efficient manner within the boundaries of our Rules of Professional Ethics.
In Abia State, the Governor purported to sack the Chief Judge and appoint another unconstitutionally. What are your thoughts on this, and how can further crisis be averted in Abia and other States?
The problem you highlighted, is no different from other aspects of our lives in Nigeria. It stems from the fact that, laws and regulations are generally not adhered to. The appointment and discipline of judges and judicial officers are set out in the Constitution and various rules and regulations. However, it is noted that the Governor purported to act pursuant to S.292(1) (a)(ii) of the Constitution. Even at this stage, the situation can still be remedied by looking at the position of the law on the issue and ensuring compliance with same. Having said that, I believe the NJC is currently looking at the situation, will come to a correct resolution of the issue, and will restore normalcy to the Abia State Judiciary.
should Lawyers be looking for in electing the next Bar President? Do you support the universal suffrage electronic voting system, or do you think the NBA should revert to the old delegate system?
I do not know if I can be considered a barman, but I believe that you do not need to be a barman to know what qualities are desirable in the next Bar President. He should have a listening ear, be honest, upright with integrity, financially prudent with managerial skills. He should also build on programmes commenced by his predecessor. Our regulatory system is long over due for an overhaul, and we hope he will build on what his predecessors did.
I also support universal suffrage electronic voting system, which accords more with modern life. It is inclusive. The delegate system was anachronistic, and had outlived its usefulness.
It seems that Rivers State seems to be carving a niche for itself in terms of the Justice/ Legal Sector, as not only have the Courts been totally revamped, many legal outings seem to be taking place in Port Harcourt these days. What could be responsible for this? Not too long ago, most people were reluctant to go to Port Harcourt, because they felt that it was unsafe. Is the narrative different today?
The general fear of insecurity exists nationwide, but has never affected the hosting of law related conferences. Rivers State has had its challenges, like other parts of the country, but to residents, there appears to be a concerted effort by all stakeholders to reverse the trend. Port Harcourt has always played host to a lot of law related
“WE HOPE TO SOON PUT IN PLACE A SCHOLARSHIP FOR YOUNG LAWYERS WHO ARE UNABLE TO ATTEND OUR CONFERENCES OR SEMINARS, SO THAT THEY CAN HAVE THE OPPORTUNITY TO DO SO”
‘ONLY ABOUT 4.2% OF SENIOR ADVOCATES ARE FEMALE’
conferences, since the return of democracy. Over the years, the State has always been very supportive of Lawyers and has hosted several events and conferences, including the NBA Annual General Conferences in 2011 and 2016, Annual Conference of the Chartered Institute of Arbitrators which took place in 2016, as well as several other Section conferences and workshops. As the Governor is a Lawyer, it is not surprising that he has continued with this noble trend.
How do you combine your schedule as a practicing Lawyer with lecturing at the Law School and the Chartered Institute of Arbitrators? What informed your decision to lecture?
It is not difficult at all. It is just to plan ahead, and make sure the dates do not clash. For the Chartered Institute of Arbitrators (United Kingdom), the Institute prides itself as one of the foremost arbitral training institutes worldwide. As a member of the faculty, you make yourself available when a lecture/course is assigned to you. The schedules are circulated at the beginning of the year, so it is easy to plan. It is also worth noting that being a tutor in international and domestic arbitration means I am constantly refreshing my knowledge as an arbitrator, so I remain abreast of current trends.
With regard to the Nigerian Law School, where I am a member of the adjunct faculty, I am also given a schedule early in the calendar year, so I can choose a convenient time to take a class. My decision to teach in Law School, as a member of the adjunct faculty, is informed by a desire to give back to the profession by contributing to the knowledge of new entrants into the profession. As a full time practitioner, the students are able to have a hands-on approach to the practice of law, which they may not have had. There are other Senior Lawyers that are also members of their adjunct faculty. Hopefully, some of the students will be inspired to go into private practice.
Many are complaining that some of the causes of the delays in our court system, is we the Lawyers; always filing frivolous applications, incessant adjournments etc. just to frustrate the course of justice, especially when the case does not seem to be going the way they want, and Lawyers that engage in such activities, should be punished. Also, some Lawyers have been accused of ‘sharp’ practices and outright dishonesty. What steps can be taken to curb these excesses? Many have complained that the Legal Practitioners Disciplinary Committee is not up and doing enough.
The Law reports and press reports, suggest that Lawyers are being disciplined for misconduct etc. on a regular basis by the Legal Practitioners Disciplinary Committee, so I believe the Committee is doing a quite a lot. I know that they have additional prosecutors, so more is being done. I also know that the President of the NBA is working on models and modalities to be considered by the Bar, at the appropriate time, to reform our regulatory framework.
As for delays in court, there are several Rules of Courts and practice directions, that have been issued by the various courts to stem the delays in cases. Lately, the courts have started awarding punitive costs to be paid personally by Lawyers, to discourage delays in court etc. However, the fact that a person seeks an adjournment in a matter, does not mean that the Lawyer is deliberately trying to delay the case. Furthermore, once a Lawyer takes steps that are within the bounds of the law and the Rules of Court, it cannot be said that he is trying to frustrate the course of justice and our Rules of Professional Conduct make that clear. After all, some people have been the subject of frivolous law suits, and they have a right not to be subjected to same, to object to such proceedings or defend themselves within the purview of the Rules of court and the law. If you have been at the receiving end of such actions, you may have a different perspective. The important thing, is to ensure that as a Lawyer, you act strictly within the law.
In any case, the Judge is the master of his court, and has a duty to ensure that Lawyers who behave in such unethical manners, do not get away with sharp practices or dilatory tactics. What can be done to stem the issue of
judicial corruption in Nigeria? Some believe that the Court of Appeal decision in Justice Nganjiwa’s case further protects Judicial Officers, instead of helping to curb corruption. What is your opinion on this matter? Was the judgement satisfactory?
There are mechanisms set out by the National Judicial Council, for channelling complaints against judges and judicial officers. However, such complaints must be genuine, and substantiated by concrete evidence. Whilst there are serious allegations against some judges, a significant number of judges have been the recipients of frivolous petitions, which have affected their reputations and can be described as subjecting such judges to media trials.
On the judgement in Honourable Justice Nganjiwa’s case, the matter is sub judice, as reports in the new papers indicate that the EFCC has appealed to the Supreme Court against the judgement. I therefore cannot comment on it.
Is our legal/justice sector partial to men? So far, there has been no female AttorneyGeneral of the Federation, one female Chief Justice, one female President of the NBA, and only a little more than a handful of female SANs?
I do not think that it is the legal or justice sector that is the problem, I believe it has to do with the way the society itself was structured and still is. In the not too distant past, boys were encouraged to seek education, while girls were not so encouraged. By the time women started going to school, they were encouraged to go into teaching, secretarial studies, nursing, catering, etc., jobs, not considered masculine, and that would give them the time to take care of their homes and children.
By the time women started going into the legal profession, a significant number of men had given the ladies quite a gap. For instance, Christopher Alexander Sapara Williams who was called to the English Bar in 1879, is acknowledged as the first Nigerian Lawyer to practice in Nigeria. The first Nigerian woman on record who was admitted to practice law was Stella Jane Thomas (nee Marke”) in 1935.
For Senior Advocates, Chief FRA Williams was conferred in 1975 while Chief Folake Solanke, SAN, 1981. Thereafter Mrs. P. C. Ajayi- Obe, SAN in 1989, Otunba (Mrs.) C. O. Ajayi Okunuga, SAN 1995, Mrs. Abimbola Williams, SAN in 1998, Mrs. Funke Adekoya, SAN in 2001, Mrs. Offiah, SAN in 2005 and myself in 2007.
As at today only about 20 women have been conferred with the rank of Senior Advocate, while about 459 men have been conferred, bringing the total to about 479. That is roughly 4.2% of the total number.
The position of Attorney-General of the Federation is also different, in the sense that the position is a political appointment and while you have had several female Attorneys-General at the State level, at the Federal level being appointed Attorney-General of the Federation of Nigeria, probably requires a person who may have to be heavily involved in politics. Sadly, a lot of times women end up with positions that deal with welfare, social services or “happiness”.
Regarding the justice sector, the position of the Chief Justice of Nigeria is purely based on seniority, in accordance with the traditions of the profession. As you know Hon. Mr. Justice Aloma Mukhtar, a lady of many firsts at the bench, was the first female Chief Justice of Nigeria. We have other ladies at the Supreme Court now. They include Hon. Mr. Justice Peter-Odili, Hon. Mr. Justice Ogunbiyi, Hon. Mr. Justice Kekere-Ekun and Hon. Mr. Justice Augie. I am aware that Hon. Mr. Justice Ogunbiyi is retiring on the 27th of February, 2018, after an exceptional career at the bench.
At the State High Courts there appears to be a different trend. In Lagos for instance, it appears that there are more female judges than male. Indeed, the current Chief Judge of Lagos State is a lady as were her two predecessors. In Rivers State, the current Chief Judge is a lady, Justice Iyayi-Lamikanra, and the next two most senior judges are also ladies, so they may make it too.
As more ladies go into law practice the narrative will definitely keep changing.
“I ALSO SUPPORT UNIVERSAL SUFFRAGE ELECTRONIC VOTING SYSTEM, WHICH ACCORDS MORE WITH MODERN LIFE. IT IS INCLUSIVE. THE DELEGATE SYSTEM WAS ANACHRONISTIC, AND HAD OUTLIVED ITS USEFULNESS”