Our President

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The Road Map
…A Better Society through Courage and Consistency


Background
It gives me great pleasure to present this mission statement on specific programme of activities that the NBA will undertake during my tenure.The process of political and social transformation in Nigeria challenges lawyers in terms of services that they provide to the public. In line with our constitutional values, lawyers would have to develop their awareness and understanding of diversity and changes in society. It is not enough to have a Constitution that guarantees that all people are equal before the law. The constitution has also to be upheld, and this means that lawyers should believe in it and be prepared to act accordingly.

Under my presidency, we will strive to achieve a principled people-centered legal profession. The legal profession must play a lead role in reforming laws and strengthening institutions whose activities directly impact on achieving justice for our people. It is my view that if we consistently apply democratic principles and promote the human rights enshrined in our Constitution, the legal profession of the 21st century will be able to play a role which will bring benefit to the society and self-fulfillment to its members.
Strengthening NBA Secretariat.

There is need for the NBA secretariat to be revitalized. A radical reform in this regard is required if the NBA is to be responsive to the needs of its members as well as be relevant to the concerns of the wider society. The following specific activities are proposed;

Appointment/Re-designation of Program Officers
We propose a number or programme officers for specific activity areas. The programme officers will report directly to the Director of Administration. The Director of Administration shall, subject to the approval of the National Officers and the NBA-NEC, be responsible for the following:

- provide a strategic and technical link between the National Officers and the Committees on all internal aspects of the work of the committees and working groups;
- Co-ordinate the effective implementation of National Officers and NEC decisions and guide the operations of the committees in accordance with national officers and NEC decisions,
- Co-ordinate and supervise the program Department of the NBA;
- Ensure implementation of the NBA policies and programs according to NEC and National Officers’ decisions;

The Program Officers and their Departments are:
- Program Officer- Membership and Dues ( this person can also be the Finance Officer)
- Program Officer Publications and Documentation (preferably someone with a web managing skills as we migrate to online publications)
- Program Officer Marketing and Public Relations (will also be events manger)
- Program Officer Law Reform and Access to justice.

Reform of NBA Committees
There is a need to revisit, streamline and harmonize the existing committees of the NBA. The purpose of this review is to achieve the efficiency of each committees as well as ensure that they are relevant to current concerns of NBA membership and respond to issues in the administration of justice.

- Strengthen the bar’s regulatory mechanisms (General Council, LPDC, MCLE, stamp and seal, Disciplinary Committees, etc)

In strengthening the above bodies and committees we will:
-Empower them to effectively function and execute their mandates
-Review their enabling provisions to empower them to fulfill their respective mandates without abuse.
-Appoint a Standing Audit Committee to assist in our effort at having yearly audited accounts for the NBA.
- Actively prevent non-lawyers from performing legal work by enforcing the payment of practicing fees by lawyers every year. In this regard we will explore the possibility of re-introducing new call up numbers to facilitate the full implementation of the stamp and seal for lawyers.
-Promote the establishment of suitable local content criteria for government/agencies in the allocation of legal work requiring foreign input

We will:
-strengthen the development of capacity in our members to effectively compete for specialized legal work.
-strengthen the NBA/WTO working group for the determination of criteria for regulating foreign counsel involvement in local work.
-Promote the mandatory recruitment of legal departments in all Ministries, Extra Ministerial Departments, Government Agencies and Local Governments.

In specific terms we will:
-Liaise with Attorneys General of States and ALGON, A.G.S of States to facilitate this recruitment.
-Liaise with the police to encourage them to use only lawyers in the police to prosecute.
-Advance the interest of members within the civil service to rate at par with their other professional colleagues in public service. This will be pursued through the AG of the States.
-Strengthen the Women Lawyers’ Forum and promote the involvement of women in Bar programmes. Our goal is to promote the participation of women lawyers in the institutional building and as well programmes of the NBA.
- Strengthen the young lawyers’ forum and promote the welfare of young lawyers.

We will as soon as practicable:
-Convene an open house summit to address issues concerning the welfare of young lawyers and juniors and determine the desirability of compulsory pupilage.
-Involve corporate partners to provide at subsidy, finance opportunities for Young Lawyers to buy books.
-Explore opportunities of professional development sponsorship for young lawyers to sharpen their skills and improve the quality of their work, provide seminars/workshops for specialized legal training. Initiate a car loan scheme package in partnership with financial institutions for lawyers.
-Promote an efficient service delivery at the Bar, Bench and court registries.

We will:
Partner with SERVICOM to improve the efficiency of the procedure of processing court papers (particularly) with respect to the turn around time for processes filed to move from the cashier to the judge for hearing.Explore the Lagos State judiciary’s initiative of the court automation system with the objective of advocating for the possibility of the automation of court processes in the 36 states.

-Promote the establishment of communication desks in all superior court divisions.

This we propose will be manned by responsible Senior Registrars, with at least two working telephone lines with numbers published to lawyers for effective monitoring of court itinerary for lawyers. This we hope will reduce the incidence and risks or traveling to court jurisdictions only to find the court not sitting, without prior notice. We will also as an urgent step promote the inclusion of lawyers’ telephone numbers in filed papers.

Inauguration of the NBA working group on Rule of Law
Engaging the government of Nigeria in a constructive dialogue on the meaning, scope and relevance of its rule of law agenda is a priority of the NBA. There is the need for sustained examination of the rule of law agenda of President Yar’Adua. This will be done in a manner that ensures tangible deliverables for the people of Nigeria. To achieve this in concrete terms, the NBA will put in place an institutional monitoring framework to provide a sustainable and constructive platform for engaging government’s application of the rule of law. I will shortly inaugurate a working group on the rule of law. This initiative is aimed at monitoring government’s compliance with the Rule of Law with respect to Access to justice, Human Rights, Anti-Corruption, Freedom of Information and Independence of the judiciary and the legal profession. The taskforce will publish monthly public briefings on its findings and:
- Visit all places of detentions anywhere in Nigeria and report on the situation of detainees thereon.
- Advise on compliance with court orders especially with regard to the liberty of the individual.
- Prepare a quarterly report on state of rule of law in Nigeria.

Inauguration of Bar Monthly briefing
The purpose of this is to provide a platform to disseminate Bar position on socio-economic and political national issues.

NBA Pro bono initiative
Access to justice and legal representation is essential for any legitimate system. It strengthens public respect for the law and gives people confidence in the legal system. The resources of government and of legal services organizations are insufficient to satisfy the underprivileged persons and communities often leaving these needs unmet.
Members of the legal profession have a responsibility to provide pro bono legal services. This responsibility stems from the profession’s role and purpose in society and from its implicit commitment to a fair and equitable legal system.

NBA Pro bono declaration
The NBA under my leadership will advocate and promote within the profession for the recognition and promotion of pro bono legal services as part of lawyers’ ethical standards and obligations. To achieve this in concrete terms we will propose a pro bono declaration for members. NBA members and branches will be required to commit to:
-provide, on a pro bono basis more than three days of legal services per month, or in the case of law firm 10 days of pro bono service per month.
-Advocate and promote within the profession for the recognition and promotion of pro bono legal services as part of lawyers ethical standards and obligations.
-Enhance widespread and effective access to justice and to legal services for persons and communities who lack such access by cooperating with legal Aid Council, Non- Governmental Organizations.

For the purposes of this declaration, pro bono legal services are those provided without a fee, or expectation of a fee, principally to benefit poor or underprivileged persons, communities or organizations. This may include representation in matters of public interest or teaching in law faculties and law school. Review and harmonization of filling fees in all High Courts in Nigeria.

We will:

-encourage the uniformity of high court civil procedure rules and fees for practical operational benefits by liaising with the CJN, CJs and other relevant agencies to achieve this:
-encourage all branches to effectively liaise with their CJs to review filling fees explore possible unification of high court rules.

NBA Human Right agenda
Chapter IV of the 1999 Constitution contains various provisions on Human Rights but rights are useless unless the people who have those rights are aware of them, of their importance to their lives and how to use them effectively. Nigeria should adhere to international human rights standards both in its domestic and foreign policy. Nigeria’s presidency of the United Nations Human Rights Council (UNHRC) places an obligation on government to promote and protect all human rights, particularly civil, political rights, economic, social and cultural rights including the right to development.

The following specific activities are proposed
- Strengthen the NBA Committee on Human Rights to enable it articulate and pursue a coherent strategy for monitoring the promotion and protection of human rights in Nigeria.
- Support the review of the Fundamental Human Rights Enforcement Procedure Rules with a view to be more responsive to the rights of persons who come into conflict with the law.
- The NBA will actively support initiatives aimed at making the National Human Rights Commission more effective in carrying out its mandate.
- The NBA will support initiatives aimed at ensuring that the government of Nigeria upholds the principles of non-discrimination and the protection and promotion of the human rights of all its citizens, and to this end, accelerate the process of full domestication of relevant international human rights conventions.
- Encourage the Police, ICPC and EFCC to establish Human Right desks manned by a Lawyer within their organizations and regional offices with a duty to keep the list of all persons offices with a duty to keep the list of all persons arrested and detained with details of offences, dates of arrest and action remarks. Human right committees of the NBA Branches are to periodically visit these offices for review of this list (cross referencing with the detention centers) and take necessary action to check abuse.
Law reform and legislative advocacy.

The old framework of justice and the laws of Nigeria have to be transformed to reflect the demands of a democratic society. We recognize the need for urgent action to speed law reform including strengthening parliament’s role in legislating for justice sector reform. The NBA is interested in ensuring the passage of the following administration of justice and other social reform bills in the National Assembly.

Bill on Criminal Justice Administration, to harmonize and consolidate the criminal procedure laws, reduce delays and provide for more humane treatment of suspects.
Administration of Justice Commission Bill; to ensure effective supervision and coordination of the administration of justice by all the relevant organs.
Legal Aid Council [amendment] Bill, to expand the powers of the Legal Aid Council to provide better legal assistance to indigent persons in coordination with other service providers.

National Human Rights Commission (Amendment) Bill, to improve the autonomy of the National Human Rights Commission and give it more investigative powers.
Community Service Bill, to encourage the award of non-custodial sentences under the criminal justice system, particularly in minor offences and offences involving young persons.

Victims of Crime Remedies Bill, to improve respect for the rights of victims of crime in the criminal justice system.Elimination of Violence in Society Bill to control violence in society, especially violence directed at vulnerable groups like women and children.
Bill to Amend the Legal Practitioners Act, to improve the standard of legal practice by, among other things, introducing continuing legal education requirements for practitioners.
Prison Act (Amendment) Bill, to provide a more appropriate legal frame work for prisons administration and the treatment of offenders, consistent with constitutional and international standard as well as to make the prisons more corrective institutions.
Police (Amendment) Bill, to introduce fundamental changes in the mission and operations of the police and improve its effectiveness in providing security services to communities.
Evidence Act Amendment Bill, to bring evidence law up to date with current developments in IT.
Legal Education Act Amendment Bill, to provide a legal framework to ensure that legal education regime responds to current needs of the law students, the legal profession and the wider society.
The Freedom of Information Bill, to provide access to government information on government dealings, policy, programs and ensure transparency in governance

The following specific activities are proposed:
-strengthen NBA legislative liaison office
-frequent dialogue with Justice sector related committees in the National Assembly and state houses of assembly.
-inauguration of a Lawyers Forum in the National Assembly. A forum for MPs who are lawyers in the Senate and House of Representatives.
-inaugurate an NBA Parliamentary Advocacy group with the aim of playing a lead role in legislative advocacy aimed at passage of key bills.

LEGAL EDUCATION AND CONTINUING LEGAL EDUCATION
The overarching concern to make the legal system accessible to all Nigerians requires NBA to support initiatives aimed at achieving a fundamental reappraisal of legal education and continuing legal education of its membership.
With respect to legal education key issues for consideration will include:
-quality assurance for law faculties and the Law School
-review of the curriculum for legal education to determine whether it is responsive to the needs of students, the profession and the broader society
- revisit the process of assessment before admission into Nigerian Bar including the adequacy of Bar examinations.
The legal framework for continuing legal education for legal practitioners is established in the Legal Practitioners Act Amendment Bill. The rapid development in all fields of economic life nationally and globally including developments in IT requires the legal profession to be well informed on all fronts. Continuous legal education of the bar therefore is crucial to the future of the legal profession in Nigeria.
The following specific activities are proposed:
-the NBA will play a lead role in legislative advocacy around the passage of the Legal Education Act Amendment Bill and the Legal Practitioners Act Amendment Bill.
-advance the growth and development of the MCLE programme with enriching courses and faculty across Branches. Specically, we will
-encourage the localizing of MCLE courses in Branches and State
Reasonable cost, to facilitate compliance by all members
-promote the NBA sections and Forum’s effective participation in the MCLE program.
-enforce compliance with the CLE initiative by all lawyers
-liberalized the award of CLE credits to all registered participants at annual conferences, section/forum conferences upon registration. Rather than award points to each session of conference program will be awarded CLE points to which registered participants who attend the conference should be fully entitled.
Linkage with Regional and International Bar Associations.
The NBA will continue to participate productively in the activities of the West African Bar Association, Pan African Lawyers Union and the International Bar Association. The NBA will ensure that members benefit from the opportunities that are available as well support the candidate of members in the managerial and executive structures of these organizations.

2009 NBA Conference
The theme of the next Bar Conference in August 2009 will be on the Future of the Legal Profession in Nigeria. This in our view represents a serious attempt on the part of the legal profession to assess itself with a view to empowering the Bar to play a critical role in determining the manner of reforms necessary in the justice sector specifically and the socio economic and political development of Nigeria in general.

The August Conference will be convened as a platform for bringing together the legal profession to review the present structures and problems with the justice system and set out an articulate national strategy for reforming and improving the system with emphasis on role of the legal profession.
We will establish a virile conference planning committee with a mandate to draw up a working blue print for executing a successful Bar Conference.
In specific terms, we will:
-initiate a requirement for proposed host states and branches submit a comprehensive bid highlighting available conference and hotel facilities, infrastructure, volunteers/personnel transportation/logistics, social programmes, organizational plans, etc. Bids to be submitted to the national secretariat not later than three months after the close of the last conference. Going forward, it is expected that bids would have been submitted and reviewed before the commencement of an annual conference such that the host states would be known and announced by the last day of the annual conference.
-ensure all conference materials and papers are already not later than 45days to the opening day of conference. Conference registration materials will be distributed through the branches to ensure participants receive materials. States are to have their branches grouped together for such purpose.

Conclusion
It is my promise that during my tenure, I will give the Nigerian Bar Association my best in intellect, commitment and selfless service to build a truly virile and independent Bar. I therefore invite you all to join me in this noble cause.
I solemnly pledge.

OLUWAROTIMI O. AKEREDOLU SAN.