Lawyers are divided over the renewed moves to form a parallel association distinct from the main Nigerian Bar Association (NBA).
The latest controversy is coming few days to the commencement of the Annual General Conference (AGC) being organised in Abuja by the umbrella body of lawyers, the NBA.
The theme of the conference, which is ‘Legal Practice Without Borders’, is aimed at improving the capacity of lawyers to face the global market.
However, while the organisation for the AGC was ongoing, the Nigerian Law Society (NLS) had its first Annual General Conference, which has been described as a landmark event marking a defining moment within the nation’s legal community.
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The theme of the conference was “Justice for All” and the topic by the keynote speaker was “Freedom of Association of Legal Practitioners; Navigating the Web of Statutory Professional Regulations”. Conferees joined the historic occasion virtually.
The conference chaired by the NLS President Kunle Ogunba (SAN) is coming ahead of the NBA AGC scheduled to be held later this month.
It was gathered that while the NBA is the umbrella body for all lawyers, the NLS is different from another body known as the Law Society of Nigeria (LSN), which was promoted and registered by Chief Richard Omo Ahonaruogho (SAN).
In his goodwill message, Chief Joe-Kyari Gadzama (SAN) said the maiden conference, symbolises the beginning of a new chapter that carries the potential to shape the very fabric of justice and uphold the rule of law in Nigeria.
Similarly, Mobolaji Olukayode Ayorinde (SAN), in his keynote address, said freedom of association is a right to associate with any group you wish, including joining or leaving the group, and for the group to take collective action on behalf of its individual members.
“Both an individual and a collective right; freedom of association is considered extremely important in industrial relations and is enshrined in practically all modern legal systems. It is a strong pillar of democracy and plays a crucial role in fostering a vibrant civil society,” he said.
Section 40 of the 1999 Constitution of the Federal Republic of Nigeria provides among other things that: Every person shall be entitled to assemble freely and associate with other persons, and in particular, he may form or belong to any political party, trade union or any other association for the protection of his interests.
The chairman of the NBA, Lagos Branch Committee On Continuing Legal Education, Mayowa Owolabi, during a chat with Daily Trust yesterday said, “The constitution guarantees the freedom of association, so lawyers can form or join any organisation they like in so far that the objectives are not unlawful.”
The problem with the NLS idea, according to Owolabi, is that it is not recognised under the Legal Practitioners Privileges Act (LPPA). He added that only the NBA is recognised .
“And you can’t practise law in Nigeria without being a member of the NBA. There lies their problem,” Mayowa said.
Speaking at the NLS conference, Justice Taiwo Taiwo (retired) advised that the matter could be settled amicably by the court.
On his part, former NBA chairman, Ikorodu branch, Bayo Akinlade, said he would not describe the NLS as a parallel group to NBA. According to him, NLS is a completely different association for lawyers with a specific mandate and vision for lawyers to train and provide for lawyers’ welfare and to bridge the gap for Nigerians who are oppressed.
“NLS is also about defending the integrity of judiciary and legal profession. Yes, the current body of lawyers, NBA, also has a similar vision but the people including myself that are backing the new association is basically because the NBA which we equally belong to has failed in many regards to meet up with the standard of what is required of today’s society,” Akinlade said.
“with due respect to those who formed the NBA way back even before I was born, our society has changed. The Nigerian Constitution guarantees freedom of association. So it will be a misnomer for us to have the freedom to associate, yet mandating us to belong to one association.
“In my view, I do not regard NLS as being in competition with NBA. The NBA is still running perfectly well and they are doing their best, but as a member of this noble profession, I am not bound by law to belong to only NBA.
“So I back the idea of NLS to come up and provide services to both lawyers and society. There is no harm having the NBA as it is registered under Part C of CAC and having other multiple associations with similar goals and objectives as the NBA.
“That we are called legal practitioners does not mean we must belong to one association or even belong to any association as long as we belong to a governing body that regulates our behavour within the profession and discipline lawyers. An association cannot do that job; it has to be the government institution or government-established institution to regulate the practice of law in Nigeria.
“Aside from that, it is still a misnomer for an association to have any such powers over legal practitioners in Nigeria. As it is called, it is still an association and voluntary. I can choose to be part of it or not. Once I am part of it, I will submit myself to it but once I am forced to be a member, of course, I would challenge the law that says I must be a member and anything I do in other to protect my life cannot be seen as opposing the association. I am only opposing the fact that I must be a member of such an association”, he added.
However, the Dean of Law at the Nile University, Abuja, Professor Abdullahi Shehu Zuru (SAN), admonished those proposing parallel associations for lawyers to act carefully to avoid creating a confusion.
“We have seen the serial balkanisation of judiciary institutions and we are still reeling from it; for instance, the Nigerian Law School people of my generation attended was one and in Lagos and lawyers of my generation attended that same law school no matter the part of the country you are coming from.
“We have law societies in the UK and other places and law schools are run on the basis of the law society; our legal profession has not developed to the level that you start talking about a parallel body; the danger in that is that you may lose control.
“The NBA is doing wonderfully well, and I must commend them for what they are doing in ensuring decorum and professional discipline among lawyers,” he said.
Investigations reveal that in other climes, lawyers are not confined to a single law society; they have the freedom to belong to multiple law-related associations, strengthening professional networks and fostering diverse perspectives.
According to JK Gadzama, SAN, in South Africa, we witness the presence of various law-related associations, including the Law Society of South Africa, South African Bar Association, the KwaZulu-Natal Law Society, the National Bar Council of South Africa, and the General Council of the Bar of South Africa, among others.
He also cited Namibia, where lawyers have the opportunity to be part of multiple law-related associations such as the Society of Advocates of Namibia and the Law Society of Namibia.
Ukraine, too, boasts of more than one umbrella body devoted to protecting the interests and welfare of legal practitioners. The Ukrainian National Bar Association and the Ukrainian Bar Association, both non-governmental and non-profit organisations, unite lawyers across the country, striving to uphold the principles of the legal profession.
Even in the United Kingdom, lawyers have the privilege of belonging to various law-related professional associations, such as the Law Society of England and Wales and Bar Society of England and Wales. Indeed, on a continental level, Africa is home to two prominent legal associations: the African Bar Association (AFBA) and the Pan African Lawyers Union (PALU).
In the realm of accounting, Nigeria is home to two prominent associations – the Institute of Chartered Accountants of Nigeria (ICAN) and the Association of National Accountants of Nigeria (ANAN). Both ICAN and ANAN are dedicated to promoting excellence in the accounting profession, setting professional standards, and ensuring the highest level of integrity among their members.
Similarly, in the labour movement, Nigeria has both the Trade Union Congress (TUC) and the Nigeria Labour Congress (NLC). These organisations serve as strong advocates for the rights and welfare of workers in the country, and they play essential roles in negotiating with employers, addressing labour-related issues, and championing workers’ interests.
In the field of alternative dispute resolution, we find the Chartered Institute of Arbitrators (CIArb) from the United Kingdom and the Nigerian Institute of Chartered Arbitrators (NICArb) in Nigeria. Both CIArb and NICArb provide specialised training and certification for arbitrators and mediators, promoting the use of alternative dispute resolution mechanisms to ensure efficient and fair resolution of disputes.
Just like the legal profession and other callings, having multiple associations within these fields allows professionals to access different resources, engage in specialised training, and participate in various advocacy efforts. This diversity of associations also fosters a healthy competition, encourages innovation, and offers professionals a range of opportunities to contribute to their respective callings’ growth and development.
By Adelanwa Bamgboye & John Chuks Azu
