NBA'll tame arbitrary arrest, secret trial, corruption in electoral process, others in my tenure.

Mr. Joseph Bodunrin Daudu , SAN assumed office on August 28 as the 24th President of the Nigerian Bar Association(NBA). Legal Editor , FOLUSO OGUNMODEDE who covered Daudu's inauguration in Kaduna reports the NBA President's unwaivered plans to surpass his predecessor,Mr. Oluwarotimi Akeredolu,SAN especially in the areas of criminal reform, capacity building, NBA-government relationship,justice sector and legal reforms among others.

AT a packed audience in Kaduna, Mr. Joseph Bodunrin Daudu, a Senior Advocate of Nigeria, was sworn in as the 24th President of the lawyers' umbrella body- the Nigerian Bar Association (NBA) on August 28.

He took over from Mr. Oluwarotimi Akeredolu, SAN whose tenure was rated as the best ever following a series of unpredented achievements recorded in his two -year leadership of the Bar.

Akeredolu was NBA president between 2008 and 2010. He took over from Mr. Olisa Agbakoba (SAN) who led the Bar between 2006 and 2008. Agbakoba took over from Prince Lanke Odogiyan who stepped into the NBA leadership following the appointment of the then president, Chief Bayo Ojo (SAN) as the nation’s Justice Minister and Attorney-General.

To pundits, it would be difficult for the Daudu -led executive to surpass Akeredolu's era in terms of accountability, transparency and aboveall physical transformation of the lawyers' umbrella body. NBA became the beacon of hope to the country in my tenure, Akeredolu said in one of his speaches.

But determined to take the association beyond the status attained in Akeredolu's era, Daudu has propounded what he called “ Strategic Action Plan: Basic Themes 2010-2012”. to lift the Bar beyond the “ Akeredolu's unpredented achievements”.

Already, lawyers have set an agenda for the 24th President of the lawyers' umbrella body. They believe if the three-week old President harness a series of potentials in his cabinet and build on his predeccessors' numerous achievements, the lawyers' umbrella body would rank among the very best globally.

To the lawyers- David Onuoha, Dele Babalola, an activist lawyer,Wale Ogunade and Johnson Esezoobo Daudu's leadership must not depart from the enviable foundation already laid by the Akeredolu's led Bar,saying the Bar under Daudu must be a vehicle for credible election especially as the nation tilts towards electioneering periods.

Besides , they tasked the Daudu led Bar to ensure that lawyers' welfare tops his agenda, including issues of electoral process which himself was a beneficiary, urging the President to take a cursory look at the process through which he was elected and lawyers' welfare with a view to profering permanent solution to them.

For instance Onuoha said : “I think he should follow the footsteps of those before him as you know NBA has always been on the side of thepeople, so he should maintain that. In Nigeria today NBA is one of the organisations that had consistently put the government in check by constantly engaging and criticising it and where there is need for it calling them out on the streets to protest against oppressive government policies.

“He should ensure that this tradition is maintained as we go into the election. NBA should be in the fore front of the campaign for credible elections. The leadership of the Bar must continue to put all those in charge of the process on their toes. Apart from this important role the Daodu regime must also look into the issue of the welfare of lawyers. I want to believe that the primary reason a group of people come together is because they want to better themselves. So are issues that are affecting the performance of lawyers must be looked into. I believe when you consider the antecedents of our new president one will agree with me that he is equal to the task and I wish him well”.

Babalola said “I have known J B Daudu for a while now and I know that he is a man of integrity and he has good intension for the Bar. The first thing I would want him to tackle is electoral reforms. The process that brought him into office is not without some controversy though I must state that the election itself was free and fair but it is the process that I am not happy about.

“A case where some people who sit down somewhere and decide for the whole Bar is not fair. Zoning and adoption should no longer be allow in the NBA. Anybody should be able to aspire to any position without looking for endorsement from the so called elders. He must see to this as a matter of urgency. I will also want him to improve on the Bench and the Bar relationship. There were some issues between the Bar and the former executive which led to some public show of shame between the two. Daodu must hold regular meetings with the Bar to give room for mutual understanding. The NBA should also continue to be the vanguard of due process and the rule of law”.

To Ogunade, “the last administration led by Rotimi Akeredolu really tried. Tried so much because they really raised the awareness level and the consciousness of the Nigerian people to the fact that the doctrine of 'papal infallibility' is no longer tenable, that is, that the Pope can never do wrong is not always true. That have shown that government can in fact do wrongs and this show in a way it handled the crisis created by the late President Yar'Adua's vacuum when Aondoaaka said that the president can rule from anywhere.

“NBA stood on the side of the people throughout the period and the Akeredolu's leadership brought NBA back to its past glory ; to the level it used to be during the days of Alao Aka-Bashorun. Now we are more in a crucial period ,the period of elections and the NBA should play a very important role. They must monitor political parties themselves because the Bar has a stake in the political process in this country. The NBA must set up a committee to monitor political parties to ensure that there is internal party democracy. One of the things that causes rigging and this 'do or die' brand of politics is because popular candidate do not emerge from the various political parties. There is no internal party democracy in all the political parties, candidates are foisted on the parties. So once a candidate that is not popular emerges , the party would want to do everything to ensure that such a candidate wins. So if the NBA is involved in the way candidates emerge then there would be no problem. The NBA should get involve in the electoral process because the people look up to the NBA more than any other associations as its vanguard. The press is also there to play its role to bring to the fore the goings in the polity but the press cannot get be involved as the NBA can”.

Esezoobo, however dwelt on costs of litigation,urging the Daudu leadership to take the bull by the horns and make justice affordable to the masses.

Said he : “One of the tasks that he should look into is the state of judicial process in Nigeria. I speak with particular reference to the high cost of litigation in Nigeria. I have had series of experiences in both the High Court and the Court of Appeal with respect to the high cost of litigation. This high cost is in three parts. One is filing fees. With effect from 2004, Lagos State Government started new rules of costs and hiked the filing fee from whatever, it was then by some percentages, not only that, it introduced penalty for default of filing or late filing of processes, that is additional cost.

“ I believe that a litigant who is before a court and has a lot of other commitments should be allowed to file his papers at his convenience, though within a stipulated time and if he cannot do so within the stipulated time, he should do so, at extra cost.

Number two; we must also know that justice is social service. That is the only service that the state should render to the citizenry without any inhibition, to the rich to the poor, a citizen should be able to have access to justice. But when you placed impediments in the way, through such costs as high cost that are now awarded, high fees that are now charged, as penalty to the court, you are now telling the citizens to resort to self help. So, it is a recipe for anarchy. What is the state losing in my failure as litigant to file a paper within the prescribed time or the time ordered by the court? When it is not as if I am clearing goods from the wharf and you said okay, I am storing the goods for you, they are occupying a space and charges are on. It is not like that. So what is the policy behind it? I also observed that the legislatures have no constitutional powers to legislate on court proceedings”.

Although the newly sworn in President had attributed his emergence to the NBA topmost office after a keenly contested election between him and the association's SPIDEL Chairman, Chief Joe-Kyari Gadzama, SAN to divine influence, Daudu had perfected the “stragetic action plan” that would not only guide him in the discharge of his onerous duties as NBA President but put him in global pedestal as the best Bar President ever produced in Africa's most populous nation.

Topped on Daud's “strategic action plan”, include among others; the reforming and strengthening the NBA institutions, enhancing professional interests, justice sector reform, upgrading and restructuring of internal governance of the NBA national secretariat, the NBA rule of law initiative, strengthening the institutions that promote democracy, economic reform and anti-corruption.

Others are revival of criminal justice system, electoral reform, NBA pro bono initiative, public interest litigation and regional and international engagements.

Apparently determined to lift the Bar beyond where he met it , Daudu told thousands of his colleagues at the Umar Musa Yar'Adua Indoors Hall of the Murtala Mohammed Square, Kaduna that his tenure was “ committed to the blueprint outlined above”.

He said : “The NBA is the umbrella body for all lawyers. It is charged with overseeing the welfare and other professional activities· of the Nigerian lawyers. More importantly, it has come to be the barometer of the conscience of the nation. The link between the law and development cannot be overemphasized. The law as a tool of social engineering places a duty on the Bar to work towards a new Nigeria especially given the challenges of the time. To perform this onerous duty, the Bar needs to reinvent itself; empower its members with the capacity to be agents of change, constructively engage government policy and effectively present alternatives rooted in the rule of law.

“My administration is committed to engaging the system to ensure good governance and the protection of rule of law. The thrust of our efforts will also be to improve the prosperity and financial capabilities of the Nigerian lawyers.

He , however proposes what he tagged as the “following interventions” in transforming the 59 year-old association within the next two years.

Reforming and strenghtening NBA institutions, Daudu said : “ There is need to reform and restructure the operation and activities of institutions· of the NBA. These institutions include national Officers, NEC, Sections, Institutes, Committees, Fora, Bar Council, and Working groups.

“The purpose of these reforms is to achieve efficiency and effectiveness as ,well as ensure that their programmes and activities add value to current concerns of NBA membership and the society at large.

In strengthening the institutions of the NBA as mentioned above, we will; empower them to do their work effectively with a view to executing their mandates, empower and support them to execute and implement their programmes of action without any hindrance or frustration, ensure the execution of a Code of Conduct and Financial Guidelines by which all elected national officers shall abide.

Also , we would harmonise the various programmes of elected national Officers for ease of implementation and re-organise the national Secretariat by greatly increasing its capacity.

On how to enhance professionalism , the NBA President reiterated his avowed commitment to empower his junior colleagues with a view to preparing them for the social and legal challenges that had hitherto hindered them from making democratic inputs into the nation's affairs.

He said : “There is an alarming disconnect between the average Nigerian lawyer and the social and legal challenges of our time. This state of affairs has robbed lawyers the ability to participate in the affairs of the country both as citizens and as professionals. The painful truth is that the dynamism of the Bar falls far short of the dynamism of our society.

Our practice environment changes around us by the minute. The challenges that confront us as citizens and professionals are evolving rapidly. If we are to approach anywhere close to the respect that our great professional forebears commanded in their time, then we have to go the extra mile to renew our profession and build a 21st century Bar for the Nigeria and West Africa of tomorrow. In order to achieve this, we propose the following:

(a) We shall develop programs to enhance or provide computer skills for lawyers. The aim is to provide lawyers with the basic IT skills to help them- survive in a global age and also ease communication locally and internationally.

(b) We shall embark on an upward review of the Legal Practitioners (Remuneration in conveyancing matters and legal documentation) Order 1991 to meet up with the current rate of. inflation and currency devaluation.

(c) We propose to work towards the restoration of the traditional preserves of lawyers such as documentation in land registries, banking documents and the Corporate Affairs Commission.

(d) My administration will encourage specialisation amongst lawyers so as to gain entry into beneficial areas of practice not adverted to. For example, Regulatory issues have created new challenges and new opportunities for legal practice. In Europe and America, regulatory practice is fast catching up with traditional practice. Apart from regulation practice (involving Legislative Advocacy, Legislative Hearings etc). Specialised and general Consultancy practice have also emerged but we do not have a national policy to protect our interests to practise in these new fields. We shall therefore; develop a policy , protect our work and expand our work.

(e) We shall organise periodic workshops and seminars on modern methods of law office management and encouraging the creation of partnerships.

“ We shall work towards concluding the amendment process of the Legal Practitioners Act of 1975 so as to reflect current developments in the training, admission, ethics, discipline and matters relevant to the practice of law by legal practitioners. Some of the core reforms proposed include;

Reinvigorate the process of discipline of legal practitioners, reorganise the Body of Bencher with a view to ensuring the greater efficacy of that body and reshape the Legal Practitioners Committee.

“Codify the Continuing Legal Education program to ensure compulsory participation of lawyers inclusion of the Stamp and Seal project into the proposed amendment to the LPA to ensure greater revenue for the Bar and enforcement of practicing fee regulations.

We will propose amendments that will not only protect us from encroachment but will also give exclusive right of audience in parliamentary tribunals, regulatory panels etc. Demand for this type of new work is bound to grow as government expands its new functions as quality, standard, compliance and economic regulators.

“We shall push for the overhaul of the training of lawyers (school curricular) to conform to current international cutting edge practices and bring efficiency and greater skill in the performance of new wigs.

On justice sector reform, Daudu said : “The state of the justice sector in Nigeria-begs for immediate and concrete reform to turn the system into a purveyor of justice. So much research, recommendations and policy blueprint have been developed for this sector but the situation has remained discouraging. Promoting the rule of law which is the core mandate of the Nigerian Bar Association cannot be of any moment if the justice system in Nigeria is not reformed to address the needs and command the respect of the general public. The system must be efficient, effective and accessible. The intrinsic link between the justice system and the socio-economic development of the country is indisputable. Hence a viable justice sector system in Nigeria accelerates economic and social development. The nexus of accountability inherent - in a democratic environment is rooted in the justice system and the ability of the system to protect individual rights from the often overbearing influence of government.

“ In recognition of the above, my administration proposes the following steps:

(a) We shall intensify campaign for the passage of the Justice Sector Reform Bills currently before the National Assembly. They include:

- Administration of Criminal Justice Bill, designed to harmonise and consolidate criminal procedure laws, reduce delay and provide for a better treatment of accused persons

- Legal Aid Council (amendment) Bill, designed to enhance the capacity of the Legal Aid Council to provide legal assistance to indigent persons

- National Human Rights Commission (Amendment) Bill, designed to enhance the autonomy and powers of the Commission to enable it effectively promote and protect human rights in Nigeria

- Community Service Bill, designed to encourage the award of non-custodial sentences under the criminal justice system especially for minor offences

- Victims of Crime Remedies Bill', designed to improve the respect for rights of victims of crime' .

- Elimination of Violence in Society Bill

- Prison Act (Amendment) Bill designed to provide appropriate human rights standard and effective framework for prison administration and the treatment of inmates

- Police (Amendment) Bill, designed to restructure the operations and philosophy behind policing in Nigeria to ensure effectiveness In providing security services to the community

- Evidence Act (Amendment) Bill designed to bring the Evidence Act in tune with modern realities

- Legal Practitioners Act (Amendment) Bill

- Legal Education (Amendment) Bill designed to overhaul the extent legal training system to ensure cutting edge practices and a system responsive to current/global challenges

- The Freedom of Information Bill, designed to provide access to government information on government policy, programms and decisions geared towards improved transparency in government affairs.

(b) Reactivation of the administration of Justice Commission: The Commission was established under the Administration of Justice Commission Act of 1991. Since its creation, the commission has not been inaugurated. The Commission under the Act IS charged with the function of supervising, monitoring and administration of all the justice sector institutions to ensure effective dispensation of Justice. Sadly the effort of the Commission to kick off in 2008 did not receive the desired traction , hence the inability of the Commission to be effectively operational”.

Upgrading and restructuring of internal govenance of the NBA national secretariat

“The Secretariat is the 'engine house' of the organisation. A structural reform in this area is required to enable the NBA to be responsive to the needs of its members and also relevant in addressing the challenges facing the country. The secretariat is to be organised in such a way and manner that it can and will deliver on its multifaceted programs. These reforms are intended to imbue the secretariat with a life of its own enabling it to implement and sustain programs irrespective of the biannual change in the NBA leadership.

We propose to establish immediately on assumption of office, 6 Directorates and the position of an Executive Directorship (in line with best practices around the world) under the policy control and supervision of the General Secretary. The following Directorates will be established:

1. Administration and Finance

2. Programs (Social Justice Initiative)

3. Institute of Continuing Legal Education

4. Human Rights Institute

5. Conferences\Bar Services

6. Franchising and Business Development

We will provide the necessary capacity building initiatives to enable staff perform effectively In these positions. Also to guard against rampant staff turnover, we will implement an upward review of employment packages at. the secretariat. The goal here is to establish a professional secretariat capable of sustaining and implementing NBA programs an initiatives. To this end, we propose to recruit competent members of staff to fill in relevant vacant positions. Under this programme, the NBA National Secretariat Will be better equipped and staffed.

We will also emphasize accountability and transparency in financial management at the secretariat and the branches. We will provide capacity training on best practices.

The NBA rule of law initiative

The Rule of law is the only mechanism so far devised to provide impartial control of the use of power by the state. That single sentence is sufficient to explain why the rule of law is pre-eminently the best available system for organising civil society. An independent, impartial judiciary; the presumption of innocence; the right to a fair and public trial without undue delay; a rational proportionate and appropriate punishment, a strong and independent legal profession; strict protection of confidential communications between lawyer and client; equality of all before the law; these are all fundamental principles of the Rule of law.:

Accordingly, arbitrary arrests; secret trials; indefinite detention without trial; cruel or degrading treatment or corruption in the electoral process, are all unacceptable.

Under my leadership, the NBA under its Rule of Law agenda will strive to ensure that:

• The law must be accessible, and so far as possible, intelligible, clear and predictable.

• Questions of legal right and liability should ordinarily be resolved by application of the law and not the exercise of discretion.

• The laws of the land should apply equally to all, save to the extent that objective differences justify differentiation, but subject to existing laws.

• The law must afford adequate protection of fundamental human rights.

• Means must be provided for resolving without prohibitive cost or inordinate.

• Government institutions and agencies at all levels must exercise the powers conferred on them reasonably, in good faith for the purposes for which the pow~rs were conferred and without exceeding the limits of such powers.

• Adjudicative procedures provided by the state should be fair.

• The existing principle of the rule of law requires compliance by the state with its obligations in international law.

The following specific activities are proposed:

(a) Promotion of the new Fundamental Rights Enforcement Procedure Rules (FREPR): Nigeria operated the previous Fundamental Rights Enforcement Procedure Rules up until November 2009 when the then CJN, Hon Justice Kutigi passed the new rules following the intervention of the NBA and Access to Justice. The success of that reform advocacy underscores the power, determination and the capacity of the Bar to effect change in the society. One of the primary aims behind the advocacy for new rules was the obvious inadequacies of the old rules which stifled the promotion and protection of human rights in Nigeria. There is therefore an urgent need to publicize the new rules, and training both the bar and judiciary on the use and content of the new Rules. It has been stated that the new Rules is an aggressive fundamental shift in the promotion of human rights unprecedented in Africa. We must reap the benefit of this remarkable innovation. To this end, we propose:

Publication and distribution of the new FREPR around the -88 branches and judicial districts across the country.

Organise regional seminars/workshops with the Bar and Bench in order to promote the new Rules under the MCLE Directorate.

Develop, through the NBA Human Rights Institute, a 'User guide' on the Rules.

Collaborate with stakeholders, international community and donor agencies in promoting the new philosophy behind the rules.

Engage Law faculties and introduce the Rules into school curricula to promote early understanding of its contents amongst aspiring lawyers.

NBA judgment registry initiative

In collaboration with Access to Justice, the NBA established the judgment registry program. This is a specially designed programme intended to ensure that all court judgments/orders/directives are complied with at all levels of government, (local, state and federal), and among the different branches of government. Although Nigeria operates a civil democracy, political office holders, and other public authorities have, for the most part since the transition in 1999, undermined the rule of law, and the authority of our courts. This programme enables the Bar confront impunity to court enables the Bar confront impunity to court orders right from the time when they manifest, so that the NBA does not wait for such a time when the disobedience has accumulated over long periods before acting. It gets the NBA engaged with each individual compliance default earlyon.

This project has not gained the necessary acceptance expected. My administration will work with all the branches or a combination of branches of the NBA to ensure that this project is effectively implemented. We would also engage in massive media campaign to publicize this initiative whilst building a constructive relationship with government to ensure their buy-in. Through this programme, the NBA intends to compile a list of all past judgments/orders that have, till this time, not been enforced, or overtaken by events, and then work towards enforcing them.

Strengthening the institutions that promote democracy

Institutional building is one of the key components of ensuring a rule of law culture and promoting democracy. The institutions that promote democracy are established to give

meaning to individual rights and also ensure that actions of government are within its constitutional powers. Its independence ensures that its duties are carried out without any overbearing influence from government and this ensures objectivity.

These institutions include:

• The Independent National Electoral Commission

• Public Complaint Commission

• National Human Right Commission

• Legal Aid Council

• National Judicial Council.

These institutions play a central role in protecting individual liberty, promoting accountability and ensuring a proper democratic culture.

However, the 1999 Constitution has not provided a solid framework for optimal effectiveness of these institutions. There are concerns about their fiscal and structural independence, ambit of their powers and the qualification of its members. These concerns have to be addressed to ensure their effectiveness. Section 9 of the South African Constitution which provides for the institutions that promote democracy is illustrative here because of the guarantees of independence and effectiveness which the South African Constitution provided for. We recognise a need for urgent review of the lega1 framework establishing these Institutions within the context of a holistic constitutional amendment.

Economic reform (Law and Development)

The failure of development In Nigeria can easily be described as a transformative discourse and practice. Law and legal reform are central. to economic development and social transformation. The court system must be such that can command the trust and respect of investors as regards the protection of their interest and predictability of regulations.

There are two dimensions to ensuring economic development through the rule of law -. One is to root economic policies in the law. This would mean using the law to create institutions and regulations that kick start and sustains economic development. But legal reform must be broadly focused on removing bottlenecks so that the private sector Will be: Vibrant and competitive as well as empowering the people to more meaningfully engage in economic activities. Legal reform work should be comprehensive and strategic.

The second aspect would imply strict adherence to the provisions of the law so enacted. Here the court system and the enforcement of court judgment play a very central role.

Anti-corruption.

Corruption and the rule of law are .opposed to each other. A society confronted with endemic corruption problems cannot effectively entrench the rule of law. We are committed to ensure a corruption free society by formulating policies, developing programmes and organising events where key actions necessary to eradicate corruption in Nigeria can be identified: NBA will partner with the government agencies In this regard.

Revival of criminal justice system

It is apparent that the criminal. justice System is failing Nigerians. Most criminals do not get charged to court as soon as crime is established. The absence of an effective criminal justice system denies individuals their fundamental rights, it makes Nigeria a pariah nation and destroys confidence in our criminal justice. For the revival of the criminal Justice system, we propose the following:

(a) National Conference on Criminal Justice System: The proposed Conference will focus on; apprehension of criminals; pre-trial detention;trial in court ;conviction;sentencing and post sentencing etc

Electoral reform

Elections in Nigeria have been a major source of controversy. The accountability nexus between the electorates and elected continue to diminish in the absence of the sanctity of the ballot and the brazen manipulations of the system by politicians. The legal framework, electoral institutions and prevailing political culture undermine the credibility of the process. This disconnect between the electors and elected officials has sustained the prevailing environment of irresponsible leadership.

2007 general election was adjudged by many as the worst election conducted in the country. Nigeria is again confronted with another general election. Given the centrality of elections to democracy and responsive governance and the prevailing socio political challenges facing Nigeria, we cannot afford to get it wrong this time. A lot of uncertainty pervades the political climate. The Nigerian Bar Association is committed to ensuring a credible electoral process capable of reflecting the will of the people. We propose the following intervention:

(a) Strengthen the NBA Election Working Group through capacity building initiatives and financial endowments

(b) Articulate and implement programs in the area of civic education and voter education using the structure of the NBA branches

(c) Develop capacity building programs around electoral justice issues for the Bar and Bench

(d) Monitor election petition process

(e) Work with other stakeholders in ensuring a credible electoral process

“My administration is convinced that at this time in our nation's history, duty calls. Our duty is not just to ourselves as lawyers but to our country. This administration is committed to the blueprint outlined above. We are aware that for us to carry out this mandate we need to work together and we need to engage constructively. NBA will extend its hand of partnership to all. We will work together for a better Bar and a greater Nigeria”.