GOODWILL MESSAGE FROM THE PRESIDENT OF THE NIGERIAN BAR ASSOCIATION (NBA), J.B DAUDU, ESQ., SAN PRESENTED BY THE 1^ST VICE PRESIDENT, NBA AT TH OPENING CEREMONY OF THE 2010/2011 LEGAL YEAR OF THE COMMUNITY COURT OF JUSTICE ECOWAS ON WEDNESDAY, 22^ND SEPTEMBER, 2010, IN ABUJA, NIGERIA.

Protocol

• Apology from J.B. Daudu, ESQ. SAN

We congratulate the President, Judges and Staff of the Community Court of Justice of the Economic Community of West African States (ECOWAS) for the successful conclusion of 2009/2010 legal year and the opening of the 2010/2011 legal year today.

This occasion was earlier scheduled for Friday, 17^th September, 2010. As dutiful Legal Practitioners, we appeared on Friday, 17^th September, 2010 as we were not served with any hearing notice adjourning the ceremony. On Friday, 17^th September, 2010, I was given another copy of the invitation card in the court premises with Wednesday, 22^nd neatly pasted on the earlier date. I am based in Port Harcourt. The President is based in Kaduna. But the NBA and this court are in Abuja. In this 21^st century where technology has made communication much easier and Legal Practitioners and Litigants are still being put through the ordeal of travelling long distances at unimaginable cost, on dates the Courts would not sit. This painful aspect of our conduct which sometimes makes the Courts unpopular should no longer be condoned. The absence of our President who is a very passionate advocate and would have loved to personally present this goodwill message is due to communication lapses. I however, hold his brief. I am prepared to proceed.

We bring you good tidings and felicitations from the President and members of the Nigerian Bar Association. Our membership is the largest in Africa. We have a total of 88 branches.

The theme of the 2010/2011 legal year opening ceremony, “For consolidation of the gains of the Community Court of justice, ECOWAS”, is apt. We however, believe that upon a deeper reflection and comparison with our East African Counterpart, there is very little to applaud in terms of gains. The protocol which gave rise to the establishment of this court, even with it’s amendment, does not seem to have impacted much on its trans-national jurisdiction. Enforcement or compliance with the decisions of the Court continues to face technical and political obstacles and challenges in most member countries because of internal statutory lacuna and absence of political-will. Nigeria appears to have a fairly clearer situation. Section 287(3) of the constitution of the Federal Republic of Nigeria, 1999,provides that:-

“The decisions of the Federal High Court, a High Court and of all other courts established by this constitution shall be enforced in any part of the Federation by all authorities and persons, and by other Courts of law with subordinate jurisdiction to that of the Federal High Court, a Court and those other Courts, respectively”

The Legislative and Executive arms of Government of most member States still harbor traditional and unfortunate mistrust of the Court. This is unusually fuelled by ignorance of the role of the role of the Community Court of Justice, ECOWAS and indeed the Judiciary in general. The stabilizing position of this Court in the sub region as transnational transactions increase cannot be over-emphasized.

We are confident that with constant review of the ECOWAS Court protocol and adequate visibility coupled with the synergy of the various Bar Associations within the Region, the story would be different. NBA is willing to play a leading role towards the consolidation of the community court of justice. We appeal to our brother Associations not to feel intimidated by our size.
It is important also that the welfare that of our Judges be taken seriously, if the frequency of allegations of corruption on the bench must be reduced. While there can be no excuse for corruption on the bench, the practical reality of post retirement uncertainties with health challenges, can be responsible for the irresistible urge to amass wealth on the bench. We suggest the establishment of a life policy scheme with international cover for our Judges. The most critical challenge of our Judges during retirement is usually poor and failing health. A good health insurance policy with access to the best medical facilities locally and internationally, would stem the rising incidence of allegations of corruption on the bench. The NBA will lead the crusade for enhanced welfare package for the Judiciary. We expect Judges to reciprocate by being always firm and fair in the discharge of their sacred duty of administration of justice. We shall be fearless and loud in our fight against corruption and human rights violations. We shall stand firm to ensure that habitual and unrepentant human rights violators do not force their way into the Leadership of the Countries they ha ddribbled and plundered in the past. We shall demand the release of the findings of all the inquiries into series of violations of human rights and advocate sanction against violators and compensation for their victims. We shall not rest until they leave us alone.

Long Live the Community Court of Justice of ECOWAS

Thank you.

EMONENA BLESSING UKIRI, ESQ.
(1^ST VICE-PRESIDENT, NBA)
WEDNESDAY, 22^ND SEPTEMBER, 2010.