Introduction and preliminaries:

The 4^th Annual Conference of the NBA Section on Legal Practice SLP; with the theme, Corruption, the dwindling economy and the Disappearing Frontiers of Law Practice, held at the Monty Suits Hotel, Calabar from November 9-12^th 2010 with over 400 participants in attendance.

The Conference commenced with an Opening Ceremony  with the Chief Judge of Cross Rivers State, the State Deputy Governor and a representative of the Chief Justice of Nigeria, the Hon Justice Walter Onnoghen JSC, amongst other dignitaries in attendance.  The CJN representative, Hon Justice Onnoghen, declared the Conference open, on behalf of the Chief Justice after a keynote address read by the Governor of Lagos State, Gov Raji Fashola SAN, through his representative, Lawal Pedro, SAN, Solicitor General of Lagos state.

The sessions that followed after the Opening ceremonies examined a host of issues woven around the theme of the Conference and the following is the communiqué issued thereat:

1.       The Conference noted that inspite of the concerted efforts by the anti corruption agencies Nigeria has not made appreciable gains in the fight against corruption. The Conference, therefore, agreed that the fight  against corruption must be  thorough, total and prosecuted by all arms of Government..

2.       That the NBA should set up an anti corruption committee at the national and state branch levels to monitor investigate and expose corruption within the judiciary and at the bar. The committee where necessary, will employ the services of expert investigators, local or foreign for achieving this purpose. 

3.       That a journal be published periodically by the NBA for the purpose of Law Review with special attention on poorly decided cases. 

4.       That the NBA should intensify its efforts in collaboration with other stake holders for the passage of the Freedom of Information Bill in order to strengthen the fight against corruption.

 5.       That the Bar should set up a website wherein Judgments which appear  to have been given out be given out of ignorance of the law or corrupting influence would be published as prima facie evidence of its doubtful authority.

6.        That the Money Laundering Act, to the extent that it conflicts with the Legal Practitioners Act, should be amended to reflect the established principle of solicitor-client privilege and the constitutional rights of the citizen. Accordingly, the Section resolved that the NBA Legislative Advocacy Committee should set up a sub-committee made of experts in various legal fields to produce a Draft of an Alternative Money Laundering Act which will be presented to the National Assembly by the NBA.

7.        The Session condemned the over-zealousness of anti corruption agencies who make it a habit to intimidate and harass lawyers in the performance of their lawful duties and accordingly, the session enjoined lawyers to demonstrate courage and resist all attempts to intimidate them in the exercise of their rights not to divulge clients’ privileged information as protected by Law.

8.        For the purpose of assisting our members to protect their rights the NBA should set up an appropriate committee and help Desk to provide urgent assistance to members whose rights are threatened by the constant harassment of lawyers in the performance of their duties to their clients.

9.       That Law Firms should aspire to high standards of operation while Sole Practitioners should be encouraged to form partnerships but without prejudice to any other model that is appropriate to different practitioners.

10.   That in the appointment of judicial officers, the Bar must be given an opportunity to make necessary inputs as to the suitability of each candidate for appointment and where necessary, call for public hearing and security screening of such would-be appointees. 

11.   The Session noted that the National Judicial Council (NJC) plays a pivotal role in the appointment, supervision and discipline of judicial officers in Nigeria, ACCORDINGLY, the session recommends that the Constitution should be urgently reviewed and amended for the purpose of increasing the representation of the bar to a minimum of 50% and drastically reducing the powers of appointment conferred on the Chief Justice of Nigeria in that Body.

12.   That the issue of federal character in the appointment of judges should not be allowed to  enthrone mediocrity and crass judicial incompetence.