Legal Profession is too Important to be Abandoned to Charlatans - Professor Ernest Ojukwu, SAN
The elections are here at last. Given the challenges complained about in the last elections which eventually resulted in litigation which is still ongoing, do you have confidence in universal suffrage by electronic voting?
Yes, I do, and I have very strong confidence in the Electoral Committee Chaired by Prof Yadudu. Universal voting, is the best for us, as it will promote democracy, equal and inclusive participation in the governance of the Association. The use of electronic voting, is also the best. We should continue to work to improve the process.
Some have said that what the NBA needs right now, is a bridge-builder President, who has the potential to unify the Bar. For some, the huge challenge is finding a unifying factor for the young, the old, Inner Bar, Outer Bar, Ethnic fora, the Sections and various interest groups, within the Bar. Would you say you posses that capacity?
Surely, I do. The key to being a bridge builder, is that the leader must be trusted. To be trusted the person must be honest, show fairness, evenhandedness, be open and transparent, listens, and is sincerely interested in providing opportunities for others. I have held many leadership positions, where I have managed people of diverse backgrounds and I have been very successful in building bridges- as Secretary and Chairman NBA Aba Branch, Dean of Law, Head of a Law School for 12 years, where staff and students of all tribes and religions in Nigeria were under me, as Chairman of many Committees of the Bar, as President of Network of University Legal Aid Institutions, as Pioneer Founder and Chairman NBA Eastern Bar Forum, comprising Lawyers from sections of Old Eastern Region. My Partners at Ojukwu Faotu & Yusuf are not Igbos. My family background, I would say also gave me the character of a bridge builder. My parents were very accommodating of all human beings, no matter their background. Two of my three sisters are married in the North, and in Akwa Ibom.
Some have argued that the powers that be in the NBA, are trying to make the Presidency of the Association the preserve of Senior Advocates, a trend that is not provided for by the NBA Constitution. The fourth contender for the position of NBA President who is not a SAN, was allegedly disqualified. Is there any truth to this allegation?
I do not know what other persons think, but personally, I do not think it is responsible to make the position of President exclusive for SANs. Our Constitution provides the qualification for the post, and SAN is not one of them. We should just always focus on the quality, character, integrity, competence, antecedents, and experience of all persons that present themselves to lead us, not on SAN or not SAN. Every candidate should present their past roles for the Bar and the legal profession, so that we may be able to predict what they will be able to do, if handed over leadership as President.
Many have expressed the belief that, ethnic fora are no longer needed in NBA elections, for any office, and that adoption is no longer a useful tool. But, the Eastern Bar Forum of which you are a member, was said to have adopted a candidate. Despite this, other candidates from the same East are still in the race. What would be the effect of this, on the election?
Adoption of candidates by private fora, is outdated. It was useful when election was by delegates, and rotation of positions had not been formalised in our Constitution. Now election is universal, and elective positions have been zoned in our Constitution. For example, the post of President has been zoned to the old Eastern Region. So, why adopt? You don’t want Lawyers across the country, to be part of the decision in choosing their President? Delegates represented their Branches and groups, but in universal election, decision is individual. Continuing the pursuit of adoption by a few, is a rejection of the right of every Lawyer to have a say in the election of their leaders. Adoption is anti-democracy, antiinclusiveness, and anti-participatory governance. Delegate system and adoption of candidates, breeds dictatorship and irresponsible leadership. Forums are voluntary, and EBF does not have more than 150 up to date members. There are over 55,000 verified lawyers in the country and we expect at least 25,000 to vote in this election. Out of the 150 members of EBF, about 50 persons were assembled to do the primary adoption, and in reality, only about 10 persons made the decision. The rest were onlookers. Adoption is of no value in 2018, unless you are saying that 25,000 Lawyers should not bother to vote, and should rather allow the few persons that did adoption in one corner of Port Harcourt, to vote on their behalf. If that is the case then, why are we going to the poll on 27th July? Those who want adoption, are those who have rejected universal voting, and want to continue delegate election. They are those who don’t want any progress for the Bar and the profession. They just want to rule us. They are bringing nothing to the Bar. They just want to capture power. They don’t want Lawyers to participate in shaping their own destiny, and the destiny of the profession. We must reject them. They want to continue to hold the Bar and each Lawyer, in bondage. I have rejected that prison and the bondage. Adoption is corrupt, and I reject corruption. Those who want to remain in bondage, are free to submit to that bondage. Under the EBF Constitution, for a candidate to be considered for adoption, the candidate must write a letter of undertaking, to be bound by their decision. So, you must give your consent to be considered. I did not write a letter, and I think only one out of 4 candidates, sent such a letter to be considered for adoption. So, the Forum only considered the person that gave them consent. I have never complained about the adoption. Why are they complaining, about my refusal to give my consent? Is consent taken by force? Forums are private organisations. They are not part of the NBA governance structure. Any Forum that wants to remain relevant, must change their objective from being an adoption based organisation, to something useful for the legal profession. The Future Bar and legal profession, is too important to be abandoned to charlatans.
In a nutshell, what is your manifesto? Why do you think Nigerian Lawyers should entrust you with their Association for the next two years? How realisable are these programmes within your two-year tenure, if you are voted in?
The basis of my manifesto, is the 14 objectives of the Bar in our Constitution. I will provide services, welfare and welfare to members, as my priority. I will Provide benefits and programmes, that promote our members’ welfare, quality of life and professional growth, especially of our young and upcoming Lawyers; Promote very high ethical standards, discipline, conduct and professionalism, in the legal profession; Promote full and equal participation in the Association; Institute an accountable, open, transparent and democratic governance of the Association; Advance the Rule of Law by: Preserving the independence of the legal profession and Judiciary; hold governments and their agencies/agents accountable under the law; work to increase meaningful access to justice, and protection of human rights and fundamental freedoms; increase public understanding of, and respect for the rule of law and the legal process; and inspire a culture of pro bono, public and social justice among members. I will enforce a minimum wage for Lawyers. I will not allow pupilage unless a minimum wage goes with it, but I will set up very active professional transit and mentoring programmes for young Lawyers, such as career counselling, canopies, incubators and immersions. I will organise many capacity building programmes, create opportunities for work and employment for the Bar. I will give free digital stamps, because right now only the printer exploits our members, as the NBA makes no gain from stamps; I will run annual conferences of international standard, without high fees; I will give our young Lawyers, ladies, members with disabilities, Lawyers in LOAN, NALT, Military, Police and other private work places, an equal participation and benefits and support their growth. All these are surely realisable. I am not going to construct a stadium for the Bar, or host the World Cup. I am not going to build a rail line, or build aNEPA grid, or run a refinery, or launch a satellite in space. I am simply going to set a new Bar, for a relevant NBA based on our core values and objectives that we set out many years ago. I will lead by the principles we adopted at the Bauchi NEC meeting of November 2006, thus: to be at the vanguard for the promotion and defence of the Rule of Law, Good Governance, Social Justice and the Dignity of all persons; to rank among the foremost Bar Associations in the world; to use the Law as an Instrument for Social Change; lead with integrity, excellence, professionalism; and to be courageous, assertive, independent, and a Leader not a Ruler.
What edge would you say that you have, over the other candidates?
My antecedents, experience, tested competence, selfless work for the Bar and legal profession, and my integrity and honesty of purpose. And I have thousands of Lawyers, who can testify for me as primary witnesses.
If any candidate says I will do this or that, ask the candidate to show what he has done in the past, or involved positively in the past on the subject for the profession. I will show you for every subject I propose to tackle, what I have done in the past so you can predict if I am likely to have the competence, experience and selflessness, to carry out the proposal as President. Let me give you just a few examples of my past antecedents, experience and competence in Bar and legal profession leadership.
I was Secretary, NBA Aba Branch 1992-1993. As Secretary I set up the first Bar Office, and employed the first full time staff, and fundamentally and radically changed the process of meetings, production of written minuets etc. I was Chairman, NBA Aba Branch 1997-1999. As Chairman I organised the 1st Law Reform Workshop in Abia State in 1998, and got the Governor to designate all lands in Abia State as urban land, in order to save Lawyers work, following the case of Sadiku over litigation of rural lands in Customary courts. I also singlehandedly produced 22 Edicts, to replace the Statutes of General Application in Abia State, and the Military Governor signed them into Law on 24th May, 1999. Founder, Pioneer Chairman, NBA Eastern Bar Forum (2004-2011); Member, Executive Committee NBA Aba Branch. (19922015); Member, National Executive Committee of the NBA. (1992-2014; 2016-present)
On Conference planning and execution, I was Alternate Chairman, NBA Conference Planning Committee 2003 – this is the first NBA Conference to adopt the International Bar Association conference pattern of breakout sessions at Annual Bar Conference Enugu. It has remained the best managed conference ever.
On law reforms for the Bar, I was Chairman NBA Future State of the Legal Profession Sub-Committee of the NBA Legal Profession Review and Reform Committee, 2017, Chairman, NBA Law Reform Committee (2002-2004) -As Chairman of NBA Law Reform Committee I produced a new Legal Practitioners Act in 2004 (President Wole Olanipekun, SAN Tenure); Legal Profession (Amendment) Bill 2007 - In 2006, the NBA under President Olisa Agbakoba SAN requested an amendment in place of a completely new Act, and I submitted a new Legal Practitioners (Amendment) Bill which was submitted to the National Assembly sponsored by Senators Ndoma Egba and Ekweremadu. That Bill is the same one being currently sponsored by Senator Akpabio as a 2017 Bill; I was Member, NBA Committee on the review of the Legal Practitioners Act & Legal Education Act 2011 - In 2011, President Daudu, SAN set up a new Committee to draft a new Legal Practitioners Act. I produced a new draft for the Committee, and that draft is also pending before the National Assembly. In addition to the Legal Practitioners Act, I also submitted to the Bar, draft bills on Legal Education and Legal Services Commission. These are also before the National Assembly. I was Member, Abia State Law Reform Commission, April 1999-2010 and in my tenure we produced the first Laws of Abia State. I was Member, Abia State High Court Rules Committee, 2000 – 2002
On Bar strategic action plan, I was Chairman, NBA Strategic Plan working group 2012, and we produced the strategic action plan of 2012-2016.
On Stamp and Seal, I was Member, NBA Practicing Fee, Stamp and Seal Committee, January 2003- 2004, when Mrs Funke Adekoya, SAN who originated the stamp idea, was the Committee Chairman. I was the person that wrote and inserted the stamp and seal rule, into the Rules of Professional Conduct 2007.
On Ethics and Discipline, I produced the Rules of Professional Conduct 2007 from a draft of late Dr Justice Orojo. The only oversight I had over the draft Rule, was from President Olisa Agbakoba, SAN and General Secretary, Lawal-Rabana, SAN. During President TJO Okpoko, SAN’s tenure, due to a backlog of disciplinary cases caused by the impasse of 1992-1998, he created tens of Committees to investigate complaints against Lawyers. Every committee had 2-3 members, except one that I was Sole Member, that is NBA Sub Committee-Y to Investigate Complaints Against Legal Practitioners, 1999. I conducted as Director ICLE, many NBA Ethics Workshops under the MCLE between 2007 and 2010.
On Continuing Legal Education, I set up the Institute of Continuing Legal Education for the Bar in 2007, and was its Pioneer/ Project Director. I drafted the approved Rules and Guidelines. I ceased to be Director after a few years, and the Programme collapsed. I will resuscitate it, in a