Chief J-K Gadzama, SAN – ‘I Have a Proven Track Record of Consistency, Commitment and Excellence’
Why do you think Nigerian Lawyers should entrust you with the running of the Nigerian Bar Association (NBA) for the next two years? How do you intend to actualise and fulfil your campaign promises within these 24 months?
I am a man of verifiable antecedents. I believe strongly in what a man has done, as being a likely indication of what more he can do. If a man were to walk up to me and offer me cloth, I would take a keen interest in what cloth he is wearing. You cannot give what you do not have. You can only give as much as your ability. The position of the NBA President, is a sensitive and serious position. It is not a job to learn on, neither is it a job for the absent-minded. It is a job for people with a proven track record of consistency, commitment and excellence. I am all this and more.
I am a prepared candidate, and my antecedents speak for me. I am a Bar-man through and through, who has consistently and unapologetically enmeshed himself in the service of the NBA. I am the Pioneer Chairman, NBA-Section on Public Interest and Development Law; the Pioneer Vice-Chairman, NBA-Section on Legal Practice; the Pioneer Council Member, NBA-Section on Business Law; Pioneer NBA Golf Captain.
I am also the Chairman, NBA-Security Agencies Relations Committee; the Chairman, Mentoring Committee of the Body of Benchers for Young Lawyers; the Former Chairman, NBA- Abuja Branch [Unity Bar]; the Chairman, NBA National Electoral Committee (1998); and Member, National Executive Committee of the NBA from 1998-2016, 2018 to date. Therefore, with me, the Bar has a prepared candidate. One who can take the benefit of past experiences, and champion loftier paths for an all-inclusive Bar
I have the needed experience. I am a known variable. I also believe that great policies have been introduced by the present administration, and that there is need for continuity. I am also a man of innovation and ideas, with the wherewithal to implement these great ideas. This and much more, I will bring to bear, when given the opportunity to further serve the Bar.
What is the focal point of your manifesto?
The focal points of my manifesto stand on two broad pedestals: continuity and innovation. There are lofty policies presently being implemented by the current Akpata-led NBA, some of which include the Access to Finance Scheme. I have stated before now that the imperative of the instant pilot scheme of the NBA, created for Lawyers who may require loans for their working capital, operational needs and sundry purposes, cannot be overemphasised. This is especially true, given that Lawyers who meet the prescribed eligibility criteria can now access up to N2 million at a single-digit interest rate. This is indeed, a huge milestone for the NBA community, and a further testament to the waves of other lofty welfare initiatives of this present administration. I cannot but wholeheartedly commend this initiative, and urge every and any eligible member to key into the many benefits the scheme affords.
As one of my focal areas of interest is to promote viable fiscal policies that enable the financial security, growth and stability of legal practitioners across Nigeria, it is a desire of mine, as a matter of urgency, to see that this instant scheme grows, thrives, and impacts the quality and development of the practice of law and the legal profession in Nigeria through financial empowerment.
I intend to also grow this scheme by engaging other relevant financial institutions, on the need to cater for the preferences of our members who are more inclined toward Islamic financial instruments.
Would you say the two-year tenure for NBA Exco is too short?
I do not think so. We have had past Presidents of the NBA, who did so much in so little a time. The present NBA President is doing the same. So, experience has shown that with the right attitude and motivation, so much can be achieved with the two-year tenure for NBA Exco. It is doable, and empirical facts abound that prove this. So, I think performance is a function of a number of factors. Experience, Capacity, Ability, Support System, Ideas, Self-Motivation and whatnots. If you give a hundred years to a man without ideas and the wherewithal to gravitate the NBA to a greater height, it still would not be enough.
How do you intend to actualise and fulfil your campaign promises within these 24 months?
One word: All-Inclusiveness. A chain is only as strong as its weakest link. This underscores the importance of teamwork, proper delegation, and having squared pegs in squared holes. The fact is that the right people must be assigned to do the right job. It will take superhuman effort, to single-handedly implement all that we seek to achieve. I understand these limitations, and even though I strive to do things as superhumanly as possible, I must admit that I am no superhuman and therefore, appreciate the need to constitute teams of like-minded persons, with whom I share the same value system, who are goal-driven and of impeccable character. I intend to achieve, fulfil and attain those objectives as outlined in my manifesto, through an all-inclusiveness leadership module. While ideas and innovations are imperative, it is even more important to implement. We will set up appraisal systems to help gauge quarterly, our level of implementation of the promises we have made. Indeed, it cannot be business as usual. The NBA must work for all.
In the last few years, Lawyers complained that the NBA seemed to have lost focus, failing to play the role of a Bar Association. The outgoing President, Olumide Akpata, has done a lot to refocus the Association, get it back to being the voice of the people and conscience of the society that it should be, to once more be a force to be reckoned with, and has set it on the right path. How will you be able to keep up this momentum?
It cannot be overemphasised that we have a rejigged NBA. The NBA now responds to issues of national importance, especially as it relates to upholding the rule of law, makes public statements on topical issues and takes a position. A ready example is the statement of the NBA on the raid of Justice Mary Odili’s residence by Security Operatives, and the emergency meeting of the NBA National Executive Council solely to discuss the matter. Mr Olumide Akpata also inaugurated the NBA- Security Agencies Relations Committee (NBA-SARC), a Committee I presently Chair, and whose mandate is the protection of Lawyers from harassment and intimidation by security agencies across the country. In line with its mandates, the NBA-SARC has successfully intervened in more than 15 cases involving Lawyers.
I have also, even prior to my appointment as the NBA-SARC Chairman, always been committed to public interest litigation which champions the cause of justice and rule of law. I am also the Pioneer Chairman, NBA-Section on Public Interest and Development Law (SPIDEL) which amongst other things, ensures access to effective remedies for victims of violations of the law and abuse of power. May I also mention that I am the Pioneer Vice-Chairman, NBA-Section on Legal Practice, whose primary objective is the promotion and protection of Human rights, the Rule of law and good governance in Nigeria. I am also the lead Consultant to Mr Kolawole Isaac Abubakar, the legal practitioner who was brutalised by the Nigeria Customs Service in a viral video. I was also the lead counsel in the NBA Team, setup to challenge the dismissal of an unmarried female Police officer who became pregnant.
So, I have the right momentum to sustain the present drive of the Akpata-led NBA. My antecedents are verifiable, and I will allow them to speak for me. Talk, as they say, is cheap!
The issue of welfare of young Lawyers has featured prominently in the litany of campaign promises by contestants. What will be your strategy to change the status quo with reference to Lawyers’ welfare, especially the young ones?
The welfare of young Lawyers in the profession is of paramount importance to me. Inasmuch as there are young Lawyers that earn adequate salaries, the majority do not earn salaries that are commensurate with the work they put in their respective workplaces.
I am also aware that the Akpata-led administration tasked the Remuneration Committee of the NBA, to tackle this very issue. The Committee submitted a 126-page report to the NBA President, with recommendations on fees that Lawyers should charge, a proposed new scale of charges for the legal profession, and how law firms should remunerate their colleagues in different parts of the country, amongst others.
As a NBA-NEC Member, I am also aware that the report of the Remuneration Committee was presented to, and considered at, the NBA-NEC meeting of March 17, 2022. The NBA-NEC thereafter directed that a White Paper Committee be set up to look into the recommendations in the Report of the Remuneration Committee, reconcile divergent views, and map out modalities for implementation.
I also recall that during the NBA NEC Meeting held at Ilorin on June 9, 2022, which I also attended, the Report of the NBA’s Remuneration (White Paper) Committee was submitted to, and approved by the NBA-NEC. I have read the 126-page Report of the Remuneration Committee. I have also read the White Paper of the NBA’s Remuneration (White Paper) Committee. I, therefore, comment that the recommendations made are commendable and feasible. This is a fertile ground to build upon, and I am more than ready to take this drive, steps further. In consolidation to efforts made, we must now put in place the necessary legal and administrative framework needed to give full effect to the recommendations in the Remuneration Committee report as accepted by the White Paper.
Do you support fixing and implementing minimum wage for Lawyers? Given our depressing economy, what do you intend to do about this?
Preliminarily, I will consider the establishment of a National Minimum Wage Monitoring Committee of the NBA. It is essential to establish a Committee that will oversee the enforcement of the minimum wage that will be prescribed. The function of this Committee would be to routinely enquire from practising Lawyers if their firms are paying the established minimum wage applicable, and report their findings to the Secretariat. It would be the duty of the Committee to recommend the appropriate measures to be taken, if the prescribed minimum wage is not paid by a firm.
Discipline at the Bar continues to challenge the profession. Many Lawyers have been brought before the Disciplinary Committee, including very senior Lawyers. How will you handle this?
Lawyers are the vanguard of democracy. The Custodians of rule of law. The watchdogs of the society and as such, should not be seen breaking the law, rules or regulations, howsoever described. Such is the standard expected of a Lawyer. Therefore, when a Lawyer is arraigned before the Legal Practitioners’ Disciplinary Committee (LPDC), it is only expected to let the process run its natural course. If innocent, one will naturally be exonerated. Where one is found guilty, appropriate sanctions will and should be meted out, no doubt.
Encroachment on the legal profession by other professionals is a huge threat that the NBA hasn’t been able to exterminate over the years. Lawyers continue to lose revenue to Accountants, Surveyors and others. What is the way out? What about the influx of foreign Lawyers into our jurisdiction, which is on the rise? How will you handle this, if elected?
I recall that the Federal High Court sitting in Abeokuta, Ogun State had restrained four accounting and consulting firms, popularly referred to as the “Big 4”, from invading the legal space by rendering legal services in Nigeria.
In the consent judgements in the following cases with Suit No: FHC/AB/CS/71/2020, FHC/AB/CS/70/2020,FHC/AB/CS/69/2020,FHC/AB/CS/72/2020, instituted by Olumide Babalola against these “Big 4” accounting firms and the Attorney- General of the Federation, all parties consented to the fact that they don’t have the right to offer professional legal services.
Though the “big 4” accounting firms were singled out in these legal actions, there are more incursions into the legal profession through other sources. And the NBA can do so much more to block all these leakages, that should ordinarily be a source of income for legal practitioners. Through public interest litigation, amongst others, I will ensure that the NBA champions the interests of its members. Professional legal services can only be rendered by legal practitioners. I will ensure that this position is further strengthened, through the NBA sections created. Such matters of incursion into the legal space by non-Lawyers will be pursued on its merit, and some measure of clarity and/or orderliness will be restored.
Chief J-K Gadzama, SAN
Y.C. Maikyau SAN – ‘I Will Bring Honesty, Integrity and Responsibility when elected as NBA President’
Why do you think Nigerian Lawyers should entrust you with the running of the Nigerian Bar Association (NBA) for the next two years?
I have the track record, the character and the capacity to perform the functions of the office of President of NBA. I also have the understanding of who we are, where we need to be and what we need to do as a body.
Beyond my natural leadership abilities, I had the privilege and opportunity of running a law firm from the time I was only four years at the Bar; first as the Head of Chambers in my Principal’s law firm (Messrs. Danladi Bamaiyi and Company) and then as a principal of my own law firm (Y. C. Maikyau and Co.). These shaped my understanding of the business of law and the everyday challenges of the Nigerian Lawyer in practice.
Outside of my law firm, I have had the privilege of serving the NBA in different capacities at different points in time: I was a member of the Legal Practitioners Regulations Review Committee set up by the A. B. Mahmoud administration, which made far-reaching recommendations for the reform of the legal profession culminating in the Legal Profession Regulation Bill which is the basis for the current Legal Practitioners Bill. I served as Chairman, NBA Disciplinary Committee (North) between 2012 and 2014 under the Okey Wali, SAN administration. During the administration of Mr Paul Usoro, SAN, when Covid-19 struck with the attendant worldwide lockdown, I was a member of the ad-hoc Welfare Committee set up to attend to the welfare needs of members of the Association. The Committee raised over N100 million, which was distributed to our members to mitigate the harsh effects of the pandemic and the lockdown. Currently, I serve as the Chairman of the NBA Welfare Committee which has rolled out several welfare packages, in furtherance of its mandate to improve the condition of Lawyers in Nigeria. I served (and I am serving) in these positions with honesty, integrity and responsibility, and that is what I will bring to the table if I am elected as President of the Nigerian Bar Association come 16th July, 2022.
What is the focal point of your manifesto?
The prime focus of my manifesto is the Nigerian Lawyer – his welfare, professional development and prosperity. Lawyers, by their very calling, are the watchdogs and standard-bearers of the society. However, it is only a Bar that has placed a premium on standards, integrity and concern for the wellbeing, prosperity and empowerment of its members, that can effectively and adequately function in that primary role. It is this understanding that must motivate us to look after ourselves as a body of professionals, so that we can efficiently discharge our responsibility as identified above. This is the driving force of my ambition to serve the Bar – The Welfare of Lawyers – and it is the focal point of my agenda.
Would you say the two-year tenure for NBA Exco is too short? How do you intend to actualise and fulfil your campaign promises within these 24 months?
It would appear that time is never really enough for meaningful leadership; yet, it has never been known to stand in the way of a visionary leader. In the time allotted by the NBA Constitution, I hope to build on programmes that are already working, and lay the foundation for reform and restructuring of the profession to meet our short, mid and long term aspirations. I quite appreciate the brevity of the time; in fact from the moment the administration is inaugurated, it will have less than two years to carry out its plans and programmes. Bearing this in mind, I have a detailed calendar of events designed to deliver on the promises made in my manifesto in phases, and working to deliver each aspect according to plan and on schedule.
In the last few years, Lawyers complained that the NBA seemed to have lost focus, failing to play the role of a Bar Association. The outgoing President, Olumide Akpata has done a lot to refocus the Association, get it back to being the voice of the people and conscience of the society that it should be, to once more be a force to be reckoned with, and has set it on the right path. How will you be able to keep up this momentum?
I understand our duty to the Nigerian people; that we are entrusted with the responsibility of being the conscience of the nation, the moral compass for leadership, the voice of the people, the defender of the downtrodden and custodian of the rule of law. I have carefully looked at successive generations of Nigerian Lawyers, and understand fully what role the Nigerian people have required us to play per time. I agree that we have lost our way and seem to be missing our identity, and in the process we have lost the respect of the Nigerian people. Sir Adetokunbo Ademola had noted that the respect to which the Bar in any country is held, is the best indicator of the freedom in that country – there is no gainsaying that freedom is almost non-existent in our country, and that is not unrelated to the fact that we as a body have lost the respect we enjoyed in the past, having lost our identity and our voice too.
The current administration, as you already highlighted, is doing a lot to restore the voice of the Association, and as I earlier indicated, I am going to build on the gains of the current administration. Consequently, the NBA under my leadership will be fully restored to its place as the watchdog of society and the standard-bearer of the nation. We will do this by always speaking truth to power, irrespective of the persons or issues involved. Further to that, because I understand that those who live in glass houses cannot afford to throw stones, the Association under my leadership will do a lot of house-cleaning to put our act together, so that we do not have a case of pot calling kettle black. Thus, the discipline of errant Lawyers will not be trivialised, because, as noted earlier, only a Bar that has placed a high premium on integrity will be able to function in its primary role as standard-bearer of the nation.
In addition to the foregoing, my administration will work tirelessly to re-orientate and re-educate our members to understand their primary role in the society, and to be able to provide the leadership expected of us. We will do this, using the instrumentality of the Institute of Continuing Legal Education.
The issue of welfare of young Lawyers has featured prominently in the litany of campaign promises by contestants. What will be your strategy to change the status quo with reference to Lawyers’ welfare, especially the young ones?
As I see it, the challenge is twofold; first you have the poor remuneration of young Lawyers, then you have poor earning capacity of law firms. These challenges are attributable to several factors, which I cannot fully articulate here. To tackle these issues, the NBA under the current administration led by Mr Olumide Akpata, set up a Remuneration Committee which came up with several recommendations. Another Committee was set up, which came up with a White Paper on the recommendations of the Remuneration Committee.
Upon assumption of office as President of the NBA, if the Bar will elect me into that office, I am committed to the full implementation of the White Paper on the recommendations of the NBA Remuneration Committee. To do this, I will activate the Legal Practitioners Remuneration Committee (pursuant to Section 15 of the Legal Practitioners Act) which has never sat in the past 30 years, to sit and give life to those recommendations for their full and effective implementation.
My manifesto also contains plans for several welfare packages that will benefit the young Lawyer. However, as an ardent believer of the principle that it is better to teach one to fish than to give him fish, I am firmly committed to improving the lot of young Lawyers in an organic manner, beyond occasional handouts. Thus, the continuing professional development of young Lawyers is something my administration will prioritise. Also, we will work hard to protect our practice space from encroachments, so that our colleagues will not lose potential earnings to foreign Lawyers and other professions underrepresented.
Discipline at the Bar continues to challenge the profession. Many Lawyers have been brought before the Disciplinary Committee, including very senior Lawyers. How will you handle this?
As an Association, we must deal with the growing cases of professional misconduct of our members, so as to be restored to our pride of place in the scheme of things in the country. The present disciplinary procedure for legal practitioners, completely excluded NBA from the process of disciplining members of the Bar. While the rationale for the exclusion is the attitude of the Bar in times past in attending to complaints of misconduct against members, I am of the opinion that the total exclusion of the Bar from the process of disciplining its members is a rather extreme measure; it’s akin to throwing the baby away with the bath water, a situation which has only worsened public perception of the NBA with regard to the subject of discipline, and also undermined its ability to regulate the conduct of members.
We must therefore, get involved in regulating conduct and discipline of our members. The current administration has made a case for the review of the existing LPDC Rules, to provide for the participation of the NBA in the disciplinary process of its members. Thankfully, the Chief Justice of Nigeria set up a Committee to look into NBA’s propositions. If I am elected President, I will follow this through to ensure that we have a more robust and effective disciplinary mechanism.
Do you support fixing and implementing minimum wage for Lawyers? Given our depressing economy, what do you intend to do about this?
While I understand and appreciate that the conditions of service for Lawyers and most other professionals in Nigeria are a direct reflection on the state of the Nigerian economy, I am of the firm view that there are certain fiscal conditions below which the Nigerian Lawyer should not practice or live. For this, I support the idea of a threshold for payments to Lawyers, whether as fees or as remuneration in their places of employment. Again I commend you to the recommendations of the NBA Remuneration Committee in this regard, which I intend to fully implement within the ambit of the law.
Whether in or out of office, I believe that my primary duty to the Nigerian people is to work to improve our economy and the lives of all Nigerians, including Lawyers; this informed my involvement with the review of the Arbitration and Conciliation Act with the proposed Bill submitted to the National Assembly. Given the platform of the NBA, my administration will work even harder at influencing and promoting laws, policies and programs designed to create a stable and conducive business environment which is attractive to trade, commerce and foreign direct investment.
Encroachment on the legal profession by other professionals is a huge threat that the NBA has not been able exterminate over the years. Lawyers continue to lose revenue to Accountants, Surveyors and others. What is the way out? What about the influx of foreign Lawyers into our jurisdiction, which is on the rise? How will you handle this, if elected?
There has been an on-going debate about this for many years. Some believe we should find legislative solutions to the problem; others believe that we should explore new frontiers and expand our capacity to do more. I say we do both. We improve on the quality of our service in order to remain globally competitive, and secure our legal space.
First, let me state categorically that I do not believe that money, in and of itself, should drive or motivate our actions. So, I agree with the idea of finding legislative solutions to the problem, only to the extent that we owe it to ourselves and the Nigerian people to preserve and expand the role of Lawyers in places where doing otherwise will negatively impact business or commercial interactions. This means that I recognise and appreciate the changing times, and its impact on the traditional roles of Lawyers. We will therefore evolve with the times and retain our hold on commercial and other human interactions, as long as there is a meaningful role to play in those spaces.
To ensure sustainability, we will advocate for a change in the curriculum of our Law Faculties in line with the changing times. To ensure that Lawyers remain relevant, efforts must be channeled towards developing course contents that will guarantee that the new crop of Lawyers graduating from our universities and the Law School are properly equipped and poised to meet the needs of the global society in the 21st century.
The legal profession globally is advancing at an incredible speed, especially with Information Technology. But, the average Nigerian Lawyer is not IT savvy, and many are not computer literate. How do you intend to handle this issue and ensure that Nigerian Lawyers meet up with their counterparts in other jurisdictions, especially in this environment where electricity supply is epileptic?
By now, we know that we cannot wait for one problem to be resolved before we tackle the other. So long as Nigerian Lawyers can find power to use their mobile phones and other devices, we can join the fourth industrial revolution and drive our own change from within. Neither ignorance nor incompetence, can continue to be an excuse. We must and will therefore, continue to teach ourselves to adapt to life in the 21st century. The older generation will look to the younger generation to drive this.
Are you going to do anything towards improving the welfare and condition of service of judicial officers in Nigeria who have not had a salary increase in well over a decade, or you do not believe that this issue falls within the purview of the NBA?
The Bench and the Bar are members of the same body of the person or organism known as Justice; performing different functions to meet the demands of justice. They have symphony, harmony and must be concerted against any external force or influence that contends with the thresholds set justice. In furtherance of this relationship between the Bar and the Bench, the Bench assists in checking the excesses within the Bar to keep it within professional bounds, while the Bar defends the integrity of the Bench. One of the ways the Bar does this, is to advocate for better working conditions and wages for members of the Bench. So, Yes, the matter of the welfare and conditions of service of judicial officers is of concern to the NBA, and I intend to make a case for our judicial officers, if I am elected President of the Bar.
More specifically, I will press for holistic reforms in the Judiciary. I will engage with the stakeholders in the justice sector, for the implementation of the recommendations contained in the Communiqué arising from the Justice Sector Reform Summit held on 25th January, 2022.
Secondly, the Bar under my leadership, if I am elected, will engage in serious advocacy for the review of the salaries and allowances of judicial officers, to bring them in line with current economic realities. It is instructive to note that, there is a pending litigation on the issue of salaries and allowances of judicial officers, and hopefully, a decision thereof will chart the course for the resolution of the problem.
How compliant have you been in running your campaign, bearing in mind the NBA Constitution and the 2022 ECNBA Guidelines?
100% complaint. We do not believe in operating outside the ambits of the law, and we have stayed within the ambits of the Guidelines.
Y. C. Maikyau, SAN
Jonathan Gunu Taidi – ‘I Will Retool the Welfare and Well-being of Members of the Bar’
Why do you think Nigerian Lawyers should entrust you with the running of the Nigerian Bar Association (NBA) for the next two years? What is the focal point of your manifesto? Would you say the two-year tenure for NBA Exco is too short? How do you intend to actualise and fulfil your campaign promises within these 24 months?
There is first, the urgent need to safeguard the independence of the Judiciary, restore its integrity and revive the trust of the citizenry in its operations. This is followed by the need to retool the welfare and well-being of members of the Bar. I will take deliberate and bold steps to resolve the issues around the earning capacity of members, particularly the young Lawyers who are more vulnerable. The current administration of Olumide Akpata has set the Bar on the right trajectory, and what is left is adding to the building blocks, starting from day one. The Bar cannot be allowed to become a despotic association nor a moribund one, and I believe twenty four months well utilised is enough for the NBA under my administration to impact positively on members.
Let’s not venture into the area of tenure elongation like our politicians, who even when it was obvious they have nothing more to offer, just keep sitting tight and scheming to stay on!
In the last few years, Lawyers complained that the NBA seemed to have lost focus, failing to play the role of a Bar Association. The outgoing President, Olumide Akpata has done a lot to refocus the Association, get it back to being the voice of the people and conscience of the society that it should be, to once more be a force to be reckoned with, and has set it on the right path. How will you be able to keep up this momentum?
Lawyers have complained, and rightly so, that the NBA seemed to have lost focus. The situation is reflected in how lightly NBA’s position is respected by the Government. The perception reached its nadir, following the circumstances that led to the eventual voluntary retirement of former Chief Justice of Nigeria, Hon. Justice Walter Onnoghen. The Bar cannot continue to bury its head in the sand, given that scenario. However, President Olumide Akpata has resurrected the Bar from slumber, given the manner he has handled issues confronting the legal profession in particular, and the nation at large. On several fronts and in various fora, he had always made the stance of the Bar clear on prevailing issues. This has not only been reassuring, but it goes a long way in showing that the Bar on rediscovering its critical role as the voice of the voiceless and conscience of society, has become alive to those responsibilities. As President of the Bar, I will go a step further by matching words with action, and upping the ante. I believe strongly that it is only when the Bar rises to its responsibilities, that our leaders at all levels will become accountable and deliver good governance.
The issue of welfare of young Lawyers has featured prominently in the litany of campaign promises by contestants. What will be your strategy to change the status quo with reference to Lawyers’ welfare, especially the young ones?
The welfare and well-being of Lawyers is a reoccurring campaign item. For me, it is the basis of membership and therefore, mandatory. My approach will be to make it the primary purpose of belonging to the NBA, and it will cut across all strata: the young, the middle aged and the aged. For the young we shall take time to invest in their training, in order to equip them with the skills to diversify into emerging areas such as crypto currency, sports law, space law, renewable energy law, etc.
In addition, it is time to peg and implement a reasonable minimum wage for Lawyers, and as part of the implementation, our learned Silks must be made to retain the minimum number of juniors proposed at the time of application to avoid a situation where they sometimes list ten junior Lawyers when they first apply for Silk, and soon after conferment reduce the number to two as some do now. It is time the Bar takes keen interest in matters of this nature. The Bar must also support democratic governance at the third tier of government, by pushing for legislation to establish full fledged legal departments in the 774 local government councils with commensurate salary and other benefits as obtains in the official Bar.
For the middle Lawyers, all obstructions to earning more income must be tackled, while the aged will be encouraged to mentor young colleagues gratia, and in return, they are entitled to attend Bar programmes at little or no cost, in appreciation. Under my stewardship, we will endeavour to touch all ramifications of welfare, because it is time to really go there!
Discipline at the Bar continues to challenge the profession. Many Lawyers have been brought before the Disciplinary Committee, including very senior Lawyers. How will you handle this?
The issue of discipline at the Bar is a core professional one, and requires priority attention. As General Secretary, 90% of the mail I received, were complaints in various forms and shades against our colleagues. However, the petitioners always seemed to have condemned the Lawyer in question to a guilty verdict; so over the years, in the spirit of fair play, the rules gave room for the Bar to participate in the disciplinary process by setting up committees charged with the responsibility of sifting through the petitions, and reaching a decision on whether or not there is a prima facie case against our colleague. On assumption of office, I inherited almost 2,000 petitions, and coincidentally, there were two extant decisions of the Supreme Court with one touching on the juristic personality of the NBA, while the other bordered on consistency of the panel at the Legal Practitioners Disciplinary Committee (LPDC) – both of which impacted on the proceedings and procedure before the LPDC. These decisions allowed us to see the real picture; first, that the tenure of NBA Trustees had long expired, and in law, the NBA was not a juristic personality.
The other burden was, the impression that the NBA was shielding its members from discipline. While we took steps to resolve the issue of juristic personality, the CJN made the 2020 Rules of Procedure before the LPDC, outrightly excluded the NBA from the disciplinary process and provided for the LPDC to receive, investigate and hear the petitions. The 2020 Rules was bound to birth another technical regime of breach of the twin principles of natural justice. Meanwhile, the ordinary citizen continues to retain the impression that the NBA is shielding her members, without knowing that the NBA has been excluded from the disciplinary process, which brings to fore the appetite of some influential members to seize every opportunity to control the Bar.
As President of the Bar, I will hit the ground running from day one, by sitting on the table with all stakeholders and remaining there until the logjam is resolved. We must insist that the right procedure be put in place, otherwise we leave the public with a negative perception, which is not in the best interest of the legal profession.
Do you support fixing and implementing minimum wage for Lawyers? Given our depressing economy, what do you intend to do about this?
The first option is to regulate and enforce adequate remuneration for Lawyers, while the alternative is to make it possible for Lawyers to earn enhanced income for services rendered. Lawyers must earn the income they are entitled to because it is only fair that if Surveyors and Estate Agents can earn their prescribed percentage on land transactions, Lawyers should be duly compensated.
Encroachment on the legal profession by other professionals is a huge threat that the NBA hasn’t been able to exterminate over the years. Lawyers continue to lose revenue to Accountants, Surveyors and others. What is the way out? What about the influx of foreign Lawyers into our jurisdiction, which is on the rise? How will you handle this, if elected?
It is worrisome that we have been unable to deal with the monster of encroaching into our legal space by other professionals and foreign Lawyers, resulting in loss of huge income by our members. We cannot be suffering from increasingly shrinking practice space and progressively depleted income space, and do nothing. We must stem the tide with the urgency it deserves, especially in the light of living in a depressed economy.
The legal profession globally is advancing at an incredible speed, especially with Information Technology. But, the average Nigerian Lawyer is not IT savvy, and many are not computer literate. How do you intend to handle this issue and ensure that Nigerian Lawyers meet up with their counterparts in other jurisdictions, especially in this environment where electricity supply is epileptic?
It is worrisome that well into the 21st century, most Lawyers are not IT savvy. Same with judicial officers who are still unable to adapt to the use of technology, for enhanced service delivery. While focusing on ICT training across the Branches, special attention would be paid to the issue of adequate power supply, which has eluded our country for so long, and without which we cannot deploy ICT effectively. It is obvious that ICT growth will remain dormant, until we can fix the power problem. Therefore, the Bar has a responsibility to keep pushing for improvement to end the epileptic power supply – at least in court rooms and, by extension, the work station of members of the legal profession. The administration I served as General Secretary pioneered paperless conduct of National Executive Council (NEC) meetings, saving the NBA hundreds of millions of Naira annually, and retiring age worn NBA Printers.
Are you going to do anything towards improving the welfare and condition of service of judicial officers in Nigeria who have not had a salary increase in well over a decade, or you do not believe that this issue falls within the purview of the NBA?
The issue of welfare, well-being and improved conditions of service for judicial officers will receive priority attention, especially since this particular group cannot speak for themselves. It is unjustifiable that, while the executive and legislative arms enjoy regular upward review of salaries, the emoluments of Judges have remained neglected for over a decade. Those charged with administering justice, cannot be treated so unjustly.
How compliant have you been in running your campaign, bearing in mind the NBA Constitution and the 2022 ECNBA Guidelines?
I have always been compliant with the extant guidelines contained in the NBA Constitution 2015 (as amended in 2021), and reiterated by the ECNBA in the clearance letter issued to me. Our members know those who are not compliant. This brings to mind the core reason why people continue to flout laws, which is because of the sheer absence of sanctions on those who transgress. Since almost nobody has ever been punished for flouting these extant laws, impunity has become the new normal.
Jonathan Gunu Taidi
