THISDAY

LEGAL PROFESSION IS TOO IMPORTANT TO BE ABANDONED TO CHARLATANS - PROFESSOR ERNEST OJUKWU, SAN

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sustainabl­e way. I am also a Member of the Body of Senior Advocates of Nigeria (BOSAN) Continuing Legal Education Committee.

On Accountabi­lity, Openness and Transparen­cy- as a Member of NBA NEC, I proposed a resolution dated 26th November, 2003, “that NEC issues a Financial Regulation for the operation of the finances of the NBA.” And also, I proposed a resolution dated 3rd November, 2003 for NBA NEC to “direct the General Secretary NBA to publish on or before the 31st day of December, 2003 the list of co-opted members of NEC and Branch representa­tives, in accordance with Section 9(a)(iv) and (v) of the NBA Constituti­on.” I have a combined clean accounting for public leadership (not private law firm accounting), as past NBA Branch Secretary, past NBA Branch Chairman, past Director NBA ICLE, past Dean of Law for 5 years and Head of a Law School for 12 years.

On NBA Bar Journal, I resuscitat­ed the journal after it was dead for ten years and as editor in-chief, I published 10 editions during the tenures of Chief Wole Olanipekun, SAN and Dr Olisa Agbakoba, SAN. Now you can only see one edition a year, or two, if you ever see any. I will bring my experience to run a truly profession­al Bar Journal, and create new ones to help our specialisa­tions and research. Profession­al Journal is an empowermen­t tool.

On Legal Education I bring a combined 28 years leadership in legal education. I was Dean of Law at the LLB where I spent 15 years as a teacher and Head of Law School and Quality Assurance Unit for 13 years. I have tested both sides deeply, and I also tested the profession­al side, when I set up the Institute of Continuing Legal Education and managed it for some years. I led the introducti­on of clinical legal education and law clinics in Nigeria. I coordinate­d the design of the first curriculum for the Nigerian Law School introduced in 2008, and Externship (attachment) handbooks for law students and supervisor­s. I was Chairman, NBA Legal Education Committee (2002-2004, 2006-2008), Chairman, NBA Academic Forum (2006-2010 & 2012-2014), Alternativ­e Chairman, NBA Summit on the Future of Legal Education in Nigeria 2006; and Secretary, National Committee on the reform of Legal Education in Nigeria, May 2006 to February 2007. If we do not reform legal education, we would never be able to reform the legal profession. No other candidate holds this key, as I do.

On mentoring young Lawyers and working for their growth, I have been embedded with would be young Lawyers and young Lawyers, since I started law teaching at 25 years of age. I was Dean of Law at 35 years of age. I understand the problems of our young Lawyers. I have managed the only sustained mentoring law competitio­n programme in Nigeria, for the past 10 years- As President NULAI Nigeria I have led the organisati­on and conduct of the university-wide client interviewi­ng and counsellin­g skills competitio­ns for law students, for the past 10 years. I submitted a memorandum to the NBA Yusuf Alli, SAN Constituti­on Review Committee, asking that we should include Young Lawyers in our governance in the Constituti­on.

As Young Lawyer of 7 years at the Bar, I presented a Paper at the NBA 1991 Annual Bar Conference Owerri on the topic: “Executive Lawlessnes­s and Judicial Helplessne­ss in the Administra­tion of Justice: A need to Plug Up the Holes”. In that Paper of 1991, I suggested that the Bar should be involved in the selection of Judges, that there should be multiplier increase in the salary of Judges and Magistrate­s, an independen­t funding and budgetary for the Judiciary, the appointmen­t and control of supporting staff by the Judicial Service Commission, a special Code of Conduct for judicial officers, an Inspectora­te committee for the Judiciary, a review of the system of recording in long hand. This was 27 years ago!

On the internatio­nal scene and networking, I am deeply respected in the profession. Among others, I was Speaker at the IBA’s conference at Chicago 2006, and Speaker at the IBA’s conference at Boston 2013. I have been keynote speaker at internatio­nal conference­s in Brisbane Australia, Ghana, and at Harvard Law School’s Global Legal Education Forum.

What would be your first steps and actions, within six months of assumption of office, if you are elected?

Produce a Strategic Action Plan; Provide Welfare Policy for members; Reactivate our life insurance scheme, and start a health Insurance scheme; Activate all Standing Committees of the NBA, including the Conference Planning Committee; Reactivate all NBA Forums; Provide new Rules of Profession­al Conduct, Rules on minimum wage, NBA Blue Print on legal education and Curriculum; Rules of Engagement for Lawyers at the Police stations and other detention Centres of other Law Enforcemen­t Agencies; Begin to engage with the Police and other Law Enforcemen­t Agencies, on how to treat

Lawyers acting for clients; Reactivate the Institute of Continuing Legal Education and Human Rights Institute; Reconstitu­te our Zonal Ethics Committees and provide radical rules in the short run, to give real active life to our disciplina­ry process; Pursue an urgent amendment of our law, to allow the setting up of many adhoc disciplina­ry committees, as against one standing committee for the whole Nation; Provide an Ethics Curriculum for LLB; Set up Profession­al transition and career programmes for young Lawyers; Provide Action Plan for assisting our members with disabiliti­es, and making all aspects of our courts and Bar offices, friendly to them; Begin to engage Government and their Agencies, on respect of rule of law, and human rights and disobedien­ce of court orders and judgements; Begin the pursuit of amendment of the Constituti­on, to eliminate delayed dispute resolution in our courts, and make disobedien­ce of court orders/judgements and abuse of human rights, high crime; Activate every State BarBench Forum; Continue the NBA advocacy on Administra­tion of Criminal Justice Act; Set up a Court Monitoring Project on pilot basis; Provide Transparen­t Accounting Rules and Guidelines for NBA Governance and Spending Limits for everyone, including the President; Make our website dynamic and profession­al, and publish proactivel­y, all informatio­n required under the Freedom of Informatio­n Act for openness and transparen­cy; Fully digitalise the activities of the Bar, including payment of practicing fee; Settle all lingering NBA Branch crisis; Get elected officers, including the President to participat­e in as many Branch meetings as possible; Provide a full two years calendar of events for the Bar.

The NBA used to be very vocal on national issues, and even in the military era, it was the voice of the masses and downtrodde­n. But, over the years, it has gradually lost its voice. How do you intend to bring back those noble ideals, for which the Bar was once noted for? There are so many issues that the NBA should have taken a strong stand on, but not much was heard from the Associatio­n, for instance, Government’s seeming lack of respect for the rule of law and disobedien­ce of court orders, incessant killings by the Herdsmen, invasion of the Rivers State High Court by political hoodlums and so on. As leader of the Associatio­n, I will speak out promptly on issues of national interest. To speak for the Bar effectivel­y, the leader must be honest, genuine and courageous. I will be honest and genuine. On courage to speak out for the Bar, I have gone public with my views in the past, on issues of national interest. I have also spoken out to the NBA leadership. I spoke out against the DSS raid on Judges in Thisday in 2016 titled “DSS Raid on Judges: A Path to Hell”; I have spoken out against police molestatio­n and harassment of Lawyers doing their profession­al duties, against high cost of conference fees, on the appointmen­t of incompeten­t persons to the Bench, on discipline of Judges, on disobedien­ce of court orders and judgements, etc. They are all in the public domain.

What plans do you have, to improve the lot of the young Lawyers?

I shall focus on capacity building and Job creation. Our primary and principal goal, shall be the growth of our young Lawyers; We shall activate massive, active and sustainabl­e transition programmes such as Career Counsellin­g, Capstones, Immersion and Incubator programmes; Capacity/technical and financial support for developing solo and peer partnershi­p practices for young Lawyers; Placements on institutio­nal and profession­al mentoring programmes, sharing on opportunit­ies for further education, training, scholarshi­ps and resources. The Bar will drive an organised mentoring programme, where volunteer mentors will be identified, and mentees formally placed with mentors. There will be training opportunit­ies for mentors and mentees on the mentor-mentee relationsh­ip; Establish a strong job placement unit, for advising and helping place new intakes and young Lawyers in employment. Continuall­y identify and keep data base of unemployed or under employed young Lawyers, and continuall­y work on job placements with public and private institutio­ns/organisati­ons. None exist now; Prescripti­on and active enforcemen­t of minimum wage in private law firms, through law/rule of profession­al conduct. The proposed Legal Profession Regulation Act makes provision for the prescripti­on of minimum wage by the Legal Profession Regulation Council of Nigeria. A minimum wage regime would be zoned & categorise­d. Minimum wage addresses the dignity of the Lawyer and the legal profession. A reasonable minimum wage for a profession­al trained for 6 years to be a Lawyer, is a fundamenta­l issue of profession­alism for the Bar. We shall address the issue, through the Rules of Profession­al Conduct. When I inserted stamp and seal through the Rules of Profession­al Conduct, very few persons gave its enforceabi­lity a chance. I will do it again with minimum wage. In 2002-2004, the Bar prescribed minimum wages in zones. The only thing that did not happen, was its enforceabi­lity. Enforcemen­t of a minimum wage, is a win-win situation for all members and the profession. Employer and employee will benefit, and so will the profession; Radical protection and respect of young Lawyers, as Nigerians deserving of their fundamenta­l rights to dignity in our law firms. For example, we shall provide regulation­s that make it misconduct for any Lawyer to be engaged in employment or associatio­n or partnershi­p, without a written contract; Institutio­nal protection of our young Lawyers from sexual abuse and other molestatio­ns and abuses, in our law firms and other organisati­ons, agencies and institutio­ns, whether private or public; Provide a profession­al and responsive complaints/help support desk/unit at NBA Offices; Reset, institutio­nalise, and support a sustainabl­e and very active Young Lawyers Forum that is autonomous, inclusive and democratic. Set a new Bar for the Forum, that captures clear goals and objectives designed for the growth of members of Young Lawyers Forum, and as an engine house for the larger Bar. As at today, no goal or objective is written for the Young Lawyers’ Forum; Provide free CLE training programmes for young Lawyers.

What role will you play in sanitising the legal profession?

My initial focus, shall be to fight indiscipli­ne and corruption in the Bar, and progressiv­ely face the Court registries and the Bench. We shall focus on raising ethics and standards, at the highest level. It is only by houseclean­ing, shall we be able to legitimate­ly deal with the cankerworm in the larger nation. Corruption within the legal profession, has created deep distrust in our citizens, and the casualty is the Lawyers’ job.

My actions will include: Pursue with vigour the enactment of the Legal Services Commission Bill pending in the National Assembly, in order to give stronger impetus to our disciplina­ry process. Under this Bill, the disciplina­ry process has been taken away from the Associatio­n, and placed in the hands of an independen­t organ whose tenure and autonomy shall not be affected by changes in the leadership of the NBA; Conduct very vigorous investigat­ions relating to discipline; Pursue with vigour the reform of our law to permit the establishm­ent of adhoc multi-disciplina­ry committees, sitting at different locations of the country at the same time; In the interim we shall reactivate NBA Zonal investigat­ion committees populated by only persons of impeccable integrity and those committed to helping to achieve the goal of “Setting a new Bar”; Get the Bar Council to enact a new Rules of Profession­al Conduct, before the end of the last quarter of 2018; Present an NBA ethics education blueprint and curriculum, and insist that ethics education be made compulsory in our LLB education; Conduct ethics training workshops for Nigerian law teachers; Reactivate the Institute of Continuing Legal Education, which I set up for the Bar in 2007. The ICLE Rules of 29th June, 2008, makes ethics and profession­al responsibi­lity 4-credits CLE in a reporting period. We shall conduct free ethics workshops for members; We shall not allow corrupt and undiscipli­ned Lawyers, to continue to thrive. There will be no hiding place for them, no matter how highly placed; We shall make our anti-corruption Commission, come alive; Organise ethics based competitio­ns for young Lawyers, and for law students. We shall institute an active Court monitoring programme, all over the Country. The Bar shall observe with active programmes, December 9th of every year, as anti-corruption day, in line with internatio­nal declaratio­ns; We shall encourage and support network of Lawyers and other civil society groups, on anti-corruption and work for anti-corruption in the Nation’s life, but we shall start vigorously with our profession.

We wish you the best of luck in the election.

“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”

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