Full Text Of Inaugural Speech By President Of The Nigerian Bar Association, Mazi Afam Josiah Osigwe, SAN

 

Our Mandate

I stand before you today filled with a profound sense of gratitude and humility as I accept the enormous responsibility and honour of serving as the 32nd President of the Nigerian Bar Association (NBA). This moment is not just a personal milestone but a testament of the collective will of the esteemed members of our noble Association and its unwavering commitment to the principles of justice, equity, and the rule of law. You have reposed a lot of responsibilities on us: I and other members of the National Executive Committee, by electing us to steer the affairs of our Association for the next two years. We are profoundly grateful for the trust and confidence you have placed in us. The mandate you have given us clearly shows that power comes from God and that He gives it to whom He pleases. We therefore give God all the glory for giving us the grace to serve the members of our Association at a time such as this. We gather here today to witness the change of guard in the leadership of our great Association, a change that we believe will usher us into an era of greatness.

Our assumption of office as National Officers of NBA is a product of the free and fair election conducted by the Electoral Committee of the Nigerian Bar Association (ECNBA). By the outcome of the elections, we are all winners. There are no losers. I therefore urge us to moderate not only our celebration but also our utterances in felicitating the successful candidates as well as our supporters. I do so, not because we are not entitled to celebrate our victory as a product of the will of our members freely expressed in the elections; I do so as a way of seeking to unite our members after the elections in order for us to collectively work towards achieving the enormous task ahead of us. We should therefore not celebrate in a manner that may further polarise the Bar. The election is over. It is now time to work together to build a Bar that represents what we all believe in. We therefore need all hands on deck.

By the election, our Association has once again demonstrated its leadership role as the leading professional body in Nigeria and its ability to set the pace for the nation and other professional bodies. The election also expressed the commitment of the NBA to showcase an exemplary electoral process which outcome does not divide but continue to unite our members towards achieving our common purpose. Contesting for the NBA Presidency against my friends and brothers, Chukwuka Ikwuazom, SAN and Tobenna Erojikwe, was a very difficult decision. As friends and brothers, we undertook our campaigns with mutual respect. I commend their decorum and decency during the electioneering campaign process. Now that the election has come and gone, we need to move on as members of the noble profession and work together for the common good of the Bar and our members.  I extend my hands of fellowship to them, to please join hands with me in working for overall interest of the NBA.

My Team-Mates

I must congratulate the gentlemen (and ladies) who along with me, have been entrusted with the onerous responsibility of steering the ship of our noble Association for the next two years. We now constitute the National Executive Committee of NBA. I need not remind us that our colleagues at the Bar and indeed the society at large look up to us to lift the Bar to a higher pedestal than we met it, as we variously promised in our election manifestoes. Our promise to run a united and inclusive Bar is a task that must be accomplished. Our efforts must at all times not only be geared towards keeping the Bar united, but moving it forward. We have a duty to enhance the welfare of our members, protect them in the practice of our profession, reinvigorate public confidence in our profession and ensure that we give back to the society which not only looks up to us but has been good to us as legal professionals.

I pray for the wisdom from God in the discharge of our duties as National Officers of the NBA. I trust in God that with His wisdom guiding us, there would be no divisiveness, working at cross-purposes or infighting in the NBA National Executive Committee of our tenure in office. I pray that peace and brotherly love will guide all our actions and interactions so that we can, together, deliver on our promises and leave the Association better than we have met it.

God has a purpose in making it possible for us to serve together in the same National Executive Committee of the NBA. In serving together, we should strive to foster life-long friendships and relate as a family. I therefore urge us to join hands to work together for the continuous development of our profession and in the best interest of the NBA.

A Call to Duty in Challenging Times

We are elected into office at a time when our dear nation, Nigeria, stands at a very critical moment in its history and evolution. We face a multitude of challenges, ranging from issues of administration of justice and the rule of law. to socio-economic problems. As legal practitioners, we occupy a unique position in society, one that enables us to effect positive changes in society and to uphold the principles of justice, equity, and fairness. We must ensure that the law serves all Nigerians, irrespective of their background, status or affiliation.

Under our watch, the NBA shall hold Governments at all levels accountable, including and especially the Federal and State Governments. We will work towards ensuring that Government policies and programmes meet the yearnings and aspirations of our people, as they relate to the provision of good governance, transparency in financial expenditures, reducing drastically the cost of governance and ensuring that the welfare of our people is given topmost priority. We will strive to ensure that Government responds appropriately to the challenges of security of lives and properties, respect for the fundamental rights and freedoms, the provision of gainful employment and all the basic amenities of life, especially food, shelter, clothing, qualitative and affordable education, healthcare, and other infrastructure as well as access to justice.

As we take on the mantle of leadership, we are well aware of the enormous responsibilities that lie ahead. We are optimistic. We know that with your support and co-operation, we will meet the challenges head-on and transform them into opportunities for the growth and progress of our members.

Our Agenda for a Proactive Bar

1.     Stamp and Seal: The recurrent delay in the issuance of NBA Stamp and Seal has become an embarrassing problem that we must tackle head-on to avoid its reoccurrence. We will engage the service providers to resolve this problem. To ensure that the delay in the delivery of the stamp and seal is eliminated, we shall prioritize solving this problem timely. We will immediately identify and resolve all the issues that have caused the recurrent delay. I will personally lead the charge in solving this problem. In addition to the Digital Stamp recently launched by the NBA, we shall introduce the NBA Digital Signature at no additional cost to all lawyers who pay for the NBA Stamp and Seal.

2.     The NBA Digital Signature will be linked to an application for the personalised adhesive NBA Stamp and Seal, for use on electronic documents. The Digital Certificates which NBA will issue to lawyers will be comparable to the driver’s license or international passport. It will enable lawyers affix Digital Signatures to documents. When used on a specific document, the Digital Certificate will be unique like fingerprint. These unique features of the Digital Signature will make it more practical than wet (written or paper) signatures because it would be possible to authenticate its origin. The digital seal will help lawyers meet the requirements of the Evidence Act 2011 as amended in 2023 as well as many international and industry-specific regulations regarding the legal acceptance of electronic signatures in the place of wet ink signatures, including US ESIGN (Electronic Signatures in Global and National Commerce), US UETA (Uniform Electronic Transactions Act), UN Model Electronic Signature Law), eIDAS (advanced signatures and eSeals, Qualified Certificates for electronic signatures and seals) among others. This cryptographic operation will help lawyers to perform the following actions, among others:

a.     Proving the authenticity of the document and its source.

b.    Ensuring that there were no changes in the document after signing.

c.    Confirming the identity of the signer.

d.  The digital signature will automatically include a third-party trusted time-stamp,

supporting time-sensitive document transactions and audit trails.

e.  Our digital signatures will help lawyers meet the requirements of many international and industry-specific regulations regarding the legal acceptance of      electronic signatures in place of wet ink signatures.

3.     Constitutional Amendment: Certain developments in recent times have shown that there is a need to consider a further amendment to the NBA Constitution, in order to give effect to the following:

i.       Operationalize the remittance of 20% of Bar Practice Fees to Branches;

ii.      Make election to the office of the NBA President and General Secretary to translate to election into the General Council of the Bar as provided by the Legal Practitioners Act;

iii.     Address the issue of elections campaign financing;

iv.     Provide for dispute resolution mechanism among elected officers of the NBA;

v.      Address other perceived lacunae in the NBA Constitution to meet present realities.

The cost of contesting elections in NBA is increasing at an alarming and indefensible rate. The risk, dangers and inconveniences encountered by aspirants to NBA offices during elections are becoming unbearable. The Constitution Review Committee will consist of the following: Abdul Mohammed SAN (Chairman), Stanley Dozie Imo (Alternate Chair).

4.     Quarterly Review of Appellate Courts’ Decisions: The NBA recognises the scourge of conflicting decisions that are rendered by the Courts. This constitutes one of the present challenges facing the legal profession in Nigeria and contributes to the recent loss of public confidence in the legal profession, especially the Judiciary. The reputable Afrobarometer reports that about 77% of Nigerians do not have confidence in the judiciary is very disturbing. This contrasts markedly with the period of military rule when the judiciary had a very outstanding record of public confidence. Even under the brutality of the military and its threat to oust the court’s jurisdiction on many occasions, Nigerians continued to approach the courts with the confidence of getting justice. We have a duty to restore the judiciary to that glorious era again. The quality of judicial decisions, especially decisions from the appellate courts, was a major reason for the high level of public trust in the judiciary in the past. Even against the dictatorship of the military, our revered Justices in the past delivered outstanding judgements that pushed the country forward on the path of democracy and protection of fundamental rights and freedoms. There is an urgent need to align jurisprudence to the realities of the Nigerian State and the commitment to democratic and accountable governance. The judiciary is a powerful institution in the preservation of democracy and facilitation of development. The jurisprudence expressed in the judgments of our Courts, especially our appellate Courts, is a major determinant of the effectiveness of the judicial construction of democracy and societal development.

5.     The overriding challenge of the judiciary today is to restore the dignity of judiciary as in the past in order to become the trusted champion of democracy and development in Nigeria. In order to achieve that goal, our appellate Courts must return to delivering judgments that provide policy directions for other Courts in the country, ensuring adherence to the hallowed doctrines of judicial precedence and stare decisis. From these publications, we will then work with the Judiciary to make rules that will render such conduct a judicial misconduct. We will request our members to submit to this committee such conflicting decisions together with their reviews for necessary action. We will provide suggestions to clear the back logs of the pending cases to allow for access to justice to the common man.

6.     In order to support our Courts and the profession towards achieving the above objective, we hereby set up the Adjudicature Review Committee (ARC) of the NBA. The Committee will periodically review the decisions from the appellate courts, especially the Supreme Court, and present well-researched commentaries on such cases that nudge the Courts towards a more coherent and consistent adjudication that promotes the rule of law and democratic freedoms. The Committee’s work would be different from the work of Bar Journal Editors whose responsibility is to critique judgements. This interventionist Committee’s work is not limited to case reviews. It would extend beyond that. The work of the Committee is to serve as a guide to the legal profession with high quality advisories on how to upgrade judicial decisions to align with the dynamics of economic, social and political developments, and to provide strategic inputs to the NBA’s advocacy for the reform of the legal profession.

7.     The Adjudicature Review Committee (ARC) will publish quarterly, reports that will review one or more high-impact decisions of the Supreme Court or the Court of Appeal and propose strategic insights that will guide further developments or refinements of the major themes of economic, social and political development. The Committee will produce, quarterly, a Judicial Reform Report that would outline various interventions by the leadership of the Bar, to drive the reform of the legal profession in order to position it as the champion of democracy and good governance in Nigeria. The reports will be a review of the legal profession for the preceding six months or past years and a proposal of actions to strengthen the practice of the profession in order to advance the rule of law and democracy. The Committee will consist of: Dr Sam Amadi (Chairman), Jibrin Samuel Okutepa, SAN (Alternate Chair), Victoria Banke-Olagbegi (Secretary),

8.     Justice Sector Reform: Taking cognizance of the need to push for reforms in the Judicial Sector particularly coming on the heels of the communiqué issued at the end of the Justice Sector Reform Conference convoked by the Honourable Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, we shall establish a Committee in this regard. The Committee will not only spearhead the NBA Advocacy for Justice Sector Reforms but also advocate for appropriate investments in modernizing Court infrastructures, including the construction and renovation of selected court facilities to provide conducive environments for the speedy dispensation of justice. The Committee will also come up with proposed amendments to existing legislation and Rules of Courts for effective justice delivery; Judicial reforms in the following areas: Case Management and scheduling with time slots, notification to Lawyers of adjournments, enforcement of the use of NBA Legal Mail address in the filing of all processes, and customised email address for all court registries in order to strengthen the e-filing regime being introduced in our various Courts; support continuous education and training programme for Judges, Lawyers, and Court staff with a view to keep them abreast of evolving legal developments including the deployment of technology and global best practices in the field of law and other collaboration with academic and research institutions as well as professional organizations to develop specialized training modules on judicial ethics, case management, and legal research skills. The membership of the Committee will comprise of the following: Prof. Joy Ezeilo, SAN (Chair), Sunusi Musa, SAN (Alternate Chair), Terfa Raphael Agbanyi (Secretary)

9.     Continuing Professional Development: We shall ensure compliance with Rule 12(1), Rules of Professional Conduct for Legal Practitioners, 2023 by publishing not later than a specified date in every year, specified by the Nigerian Bar Association (i) a list of legal practitioners who have complied with the requirements of the Continuing Professional Development Programme (MCLE) and those who have paid their Bar Practicing Fees (BPF) and are, therefore entitled to practice as legal practitioners in that year; and (ii) issue practicing certificates to legal practitioners whose names are on the Annual Practicing List, certifying that they have paid their Bar Practicing Fees (BPF) for the specified year and that they have also fulfilled the requirements of the Continuing Professional Development Programme (MCLE) for the year under the Rules made for the purpose by the Association.

10.  We intend to ensure that only lawyers who, in addition to payment of their annual Bar Practicing Fees (BPF), have fulfilled the requirements of the Continuing Professional Development Programme (MCLE) for the year under the rules made by the Association, are licenced to practice law in Nigeria. The NBA Institute of Continuing Legal Education (ICLE) shall therefore accredit service providers and courses/programmes in this regard.

11.  Monitoring of Local Governments: The Supreme Court of Nigeria recently delivered a landmark judgment that proclaimed financial independence and autonomy for the 774 Local Governments in Nigeria in accordance with the clear and unambiguous letters and spirit of the Constitution of the Federal Republic of Nigeria, 1999 as amended. As the watchdog of the society and in living up to the motto of our noble Association, to wit: the defence and promotion of the Rule of Law, the NBA under my leadership, shall set up a Local Governments Monitoring Committee, to monitor and ensure strict compliance with the judgement of the Supreme Court by the relevant tiers of Government, with the ultimate goals of enhancing good governance, deepening constitutional democracy and above all, to promote the rule of law in our country.

12.  The Nigerian Bar Association with branches spread across the 36 States of the Federation and the FCT, is best positioned to monitor the 774 Local Government Councils in Nigeria, with respect to, not only their full compliance with the judgement of the Supreme Court but also with respect to their deliveries of dividends of democracy to our people at the grassroots level all over the country. In furtherance of these goals, I am appealing and enjoining all the branches of the NBA nationwide to set up similar Committee at the level of the branches. The Committee shall comprise of Adebayo Mutalubi Ojo, SAN (Chairman); Augustine Nwabueze Eseagu (Secretary)

13.  Establishment of NBA National Litigation Committee: The incessant harassment of lawyers by law enforcement agents in the course of rendering service to their clients bodes ill for the society. This appears to be part of a series of acts designed to harass and intimidate lawyers in the lawful performance of their duties to their clients. This has indeed become a major threat to the legal profession and the administration of justice system. Legal Practitioners must be able to represent their clients without any form of intimidation by law enforcement agents. A lawyer engaged to represent his/her client is working in his/her line of duty and should be able to perform his duty and execute his brief without any form of intimidation, threat, harassment, fear and or victimization. The incessant harassment of lawyers by law enforcement agents is an affront to the due process of law, and a serious injury to democracy and the rule of law.

14.  The legal profession is fundamental to the administration of justice, and lawyers should be able to perform their duties without fear of intimidation or harassment. We shall therefore be establishing the NBA Litigation Committee charged with the responsibility of instituting actions in respect of alleged human rights violations of lawyers as well as other matters of public interest to the legal profession. This Committee will also work with the Human Rights Committee of Branches of the NBA to render pro bono services to deserving members of the public and also take requisite legal actions where lawyers have been assaulted, harassed or prevented from carrying out their lawful duties.  This committee will be established on a zonal basis, that is Northern, Eastern and Western Zones.  Mba Ukweni, SAN (Chair- East), Amaka Ezeno (Alternate Chair – East);  Razak Isenalumhe (Chair – West), Adetunji Osho Alternate Chair – West); Ibrahim Aliyu Nassarawa (Chair- North), Niri Dalung (Alternate Chair – North), Isa Aliyu (Secretary – North)

15.  Monthly Inspection of Police Stations and Other Detention Facilities: It is believed that thousands of citizens are suffering in unlawful custody in many detention facilities/centres in all the States of the Federation. The Association no doubt has a crucial role to play in monitoring and ensuring that the requisite authorities carry out their statutory duties of inspecting Police Stations and other detention facilities in the various States of Nigeria and the FCT. We shall therefore establish a Citizens’ Liberties Committee (CLC). The Committee shall collaborate with the NBA branches to liaise with the Chief Judges of the States and the FCT to ensure that all Police stations and other detention facilities in each State of the Federation and the FCT are visited and inspected by Magistrates and Judges once a month, in accordance with the provisions of the Administration of Criminal Justice Act/Law.

16.  It shall also direct the Human Rights Committee of each branch of the NBA to accompany Chief Magistrates and Judges to conduct monthly inspections of all Police Stations and other detention facilities in Nigeria, in accordance with the provisions of the Administration of Criminal Justice Act/Law. It shall also encourage citizens to participate in the monitoring and inspections of Police Stations and other detention facilities by Magistrates and Judges and to report through the Human Rights Committee of Branches. The Committee shall comprise of the following: Nuhu Egya (Chairman) Malachy Ugwumadu (Alternate Chair), Inibehe Effiong ,Deji Adeyanju,  Maxwell Opara

17.  Protection of Legal Businesses: To ensure that we protect our legal business from non-legal practitioners who encroach on the same as well as from the influx of foreign lawyers/law firms and practice by non-law firms, we shall establish a Committee in that regard. The Committee will utilize litigation and advocacy to ensure that non-legal practitioners are precluded from the unlawful practice of law in all its ramifications. The Committee shall comprise; Mr George Etomi (Chairman) Olusegun Fabunmi, SAN (Alternate Chairman), Jubril Ali (Secretary), Joseph Agu,

18.  Annual General Conference Planning Committee: To ensure that we have adequate time to make preparations for the next Annual General Conference (AGC), we shall immediately set up the Annual General Conference Planning Committee. The early commencement will enable us to make timely plans and preparations, raise funds, enter into partnerships, get sponsorships, etc. We believe that the plans will enable us actualize our plan to reduce the Conference fees paid by young lawyers by as much as twenty percent (20%). The next Annual General Conference (AGC) is proposed to be held in Rivers State from August 23 to August 30, 2025. The Conference Planning Committee will be headed by: Emeka Obegolu SAN (Chairman), Sammie Somiari, SAN (Alternate Chair), Aminu Gadanya, Barbara Omosun (Secretary) Olaide Oluwayomi-Ajewole, Williams Daudu, Hadiza Saeed Santali,

19.  LPDC Rules Watch: Upholding the highest standards of ethics and professionalism in our profession is non-negotiable. To this end, we commit to ensuring that our members adhere to the Rules of Professional Conduct for Legal Practitioners. Any breach of professional ethics will be met with appropriate disciplinary measures, as maintaining the integrity and credibility of our profession is crucial. We must lead by example, demonstrating to society that the legal profession is one of honour, responsibility, and unwavering commitment to justice. We shall therefore establish a Committee to liaise with the Body of Benchers and the Chief Justice of Nigeria to advocate for the amendment of the Legal Practitioners Disciplinary Committee Rules, 2020 to fully restore the role and powers of the NBA in the investigation of complaints of professional misconduct against legal practitioners as well as prosecution of matters before the LPDC. The Committee shall comprise –  Charles Ajuyah, SAN (Chairman), Chinedu Obienu (Secretary),

20.  Legal Education Committee: This Committee will formulate and present the NBA position on the reform and development of legal education in Nigeria, drive a proposed review of curricula in Law Faculties of Nigerian Universities and the Nigerian Law School to bring them in conformity with contemporary developments and international standards, propose criteria for employment of law lecturers and retraining program for Law lecturers, push for an improvement of infrastructural conditions in the Nigerian Law School campuses, develop a programme to have practising lawyers actively involved in teaching several courses at the Nigerian Law School and Faculties of Law and introduce a mentorship scheme for aspirants to the Bar (whereby Law students would be assigned to established Law Firms), beginning at the Law Faculties and continuing into the Law School as it obtains in other developed jurisdictions. The Committee will also collaborate with donors to establish an Endowment Fund for Legal Education. The Fund will support law teachers in conducting research aimed at advancing the justice sector, promoting constitutionalism in Nigeria, and furthering curriculum and academic development. The Committee shall comprise of Prof. Damilola Olawuyi, SAN (Chair), Prof Kamal Dawud (Alternate Chair), Dr. Jonathan Ekperusi (Secretary), Dr. Matthew Anusiem.

21.   Please note that the full membership of the Committees will be published in the coming days.

Commitment

We are particularly committed to ensuring that the efforts of previous administrations of the NBA are not just remembered but are actively consolidated by way of institutional memory, in order to create an Association that truly works for all its members and, by extension, for all Nigerians. The journey of our Association is one of evolution, marked by significant strides in promoting the rule of law, defending human rights, and advocating for legal reforms. Each past administration has contributed uniquely to our progress, and it is my solemn promise to continue this trajectory, to honour the legacy of those who have come before us, and to ensure that our Association remains a beacon of hope for the society and the bulwark of justice in our society.

I assure us that we will wholeheartedly dedicate ourselves to upholding the values that are the cornerstone of the NBA. It is my prayer that the Almighty God who made it possible for us to emerge as members of the National Executive Committee at this time will give us an understanding mind, to be able to discern the difference between good and evil, to choose the right and eschew the wrong and to keep faith with our campaign promises in line with the aims and objectives of the NBA.

Acknowledgment

The journey to this point was not an easy one. It was in fact a product of Gods’ grace and favour as well as team work, selfless assistance and friendship. First and foremost, I would like to extend my heartfelt appreciation to my distinguished predecessors. Their tireless dedication, visionary leadership, and relentless pursuit of justice have not only steered our Association through challenging times but have also laid a solid foundation for the future. It is upon this robust foundation that we will continue to build a stronger and more resilient NBA that serves us all.

I will not conclude this address without thanking my beloved wife, Ukamaka, and our lovely children as well as my siblings and their families.

I owe my boss, Augustine Alegeh, SAN a huge debt of gratitude. Serving as General Secretary under his NBA Presidency (2014-2016) was not only an honour of a lifetime, but a truly transformative experience. His visionary, dynamic and pacesetting leadership remains epochal. His dedication to the principles of justice, unwavering commitment to the rule of law, and tireless efforts to advance the legal profession left an indelible mark on the NBA, and on all of us who had the privilege of working closely with him. My heartfelt gratitude also goes to my predecessor, Y. C. Maikyau SAN, other past Presidents of NBA- Chief TJO Okpokpo, SAN; Olisa Agbakoba, SAN, Joseph Bodunrin Daudu, SAN, Okey Wali SAN. I am also very grateful to our father, Chief Afe Babalola SAN.

Members of our campaign were simply amazing. Their commitment, dedication and resourcefulness were simply astounding. I will never be able to fully express my gratitude to them. It is my prayer that God will reward them exceedingly for their labour of love and support. May God grant them the good desires of their heart and meet them at their every point of need. I would have mentioned their names here but the fear that the list is endless and may bore the audience which will make such thought impracticable.

Conclusion

We will do our utmost best to ensure that we fulfil our promises to engender  an  NBA that places lawyers at the centre of its programmes, prioritizes the welfare and professional development of its members, reinvigorates public confidence in the professional and the Association and that strengthens institutional structures and efficiency. Under our leadership, the NBA shall be vocal and constantly speak up on issues affecting the legal profession and the administration of justice. The NBA shall constructively engage with the various tiers of government and other stakeholders by presenting proposals and blueprints for dealing with issues as they arise. The NBA shall maintain its leading role in matters of public interest and engage in ‘Rule of Law’ advocacy.

I must admit that the members of the National Executive Committee I am honoured to lead do not know it all. Your suggestions, feedbacks, advice, constructive criticisms and engagements, will help us serve the Bar better. Please do not hesitate to correct us whenever we err. Feel free to share with us your thoughts that will meet the yearnings and aspirations of our members. We urge you to participate in the affairs of the Bar, its meetings, conferences, and other programmes.

We are better persons because we have each other. Together we can achieve these laudable objectives. Together we will. I therefore earnestly solicit your fervent support in every ramification, as we take on this mandate to pilot the affairs of the Association.

In conclusion, I am inspired by the words of Nelson Mandela, who said, “It always seems impossible until it is done.” These words resonate deeply as we embark on this journey together. Let us approach our tasks with this mindset, knowing that with our collective resolve, we can overcome any challenge and achieve greatness for our association and our nation.

Thank you once again for the honour of serving as your President. I am excited about what we will accomplish together in the coming years. May God bless the Nigerian Bar Association, and may God bless the Federal Republic of Nigeria.

Thanks for your kind attention. May God bless us all.

Mazi Afam Osigwe, SAN
President, Nigerian Bar Association