Blueprint for Reform: NBA Programme Strategic Plan

The Nigerian Bar Association is the umbrella body of 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 as a duty on  the bar to work towards a new Nigeria especially given the challenges of 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. We propose the following interventions in achieving the above:

REFORMING AND STRENGHTENING NBA INSTITUTIONS:

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, for a, 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 al 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.
• Harmonization of the various programmes of elected National Officers for ease of implementation
• Re-Organise the National Secretariat by greatly increasing its capacity.
  
  

ENHANCING PROFESSIONAL INTERESTS: Empowerment of Lawyers

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

• We shall develop programmes 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 alos ease communication locally and internationally.
• We shall embark on an upward review of the Legal Practitioners (Remuneration in conveyance matters and legal documentation) Order 1991 to meet up with the current rate of inflation and currency devaluation.
  
  
•  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.
  
  
•  My administration will encourage specialization amongst lawyers so as to gain 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). Specialized and general Consultancy practices have also emerged but we do not have a national policy to protect our interests to practice in these new fields. We shall therefore;
  
  •  develop a Policy
  • Protect our work
  • expand our work
    
    
• We shall organize 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 practitioners. Some of the core reforms proposed include;
  
  
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    • Reinvigorate the process of discipline of legal practitioners, reorganize the Body of Bencher with a view of 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 LPA to ensure greater revenue for the Bar and enforcement of practicing fee regulations.
    • We will prpose 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.
  
  
• Towards strengthening the operations of the NBA and providing for greater participation of members in the affairs of the organization, we propose to establish the following committees immediately after inauguration
  
  
• Committee on the review of the NBA Constitution
  
  
• Capacity Building Committee
  
  
• Electoral Justice Reform Committee
  
  

 JUSTICE SECTOR REFORM

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 havr 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. 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:

• 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 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 extant 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, programs and decisions geared towards improved transparency in government affairs.
  
  
• Reactivation of the Administration of Justice Commission: The 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 institution 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. We propose:
  
  
  • To write to the Chief Justice of Nigeria (who is the designated Chair of the Commission going by the provisions of the Act) to convene a meeting of the Commission.
  • Prepare a program plan for the Commission
  • Work with relevant stakeholders to see that the Commission is budgeted for in the next budget cycle and in the interim work with stakeholders to effectively carry out the mandate of the Commision.
    
    

UPGRADING AND RESTRUCTURING OF INTERNAL GOVERNANCE OF THE NBA NATIONAL SECRETATRAIT: : Restructuring and Strenghtening the National Secretariat of the NBA to Enable it Respond to the Needs of Members and Society.

The Secretariat is the ‘engine house’ of the organization. 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 organized 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:

• Administration and Finance
• Programs (Social Justice Initiative)
• Institute of Continuing Legal Education
• Human Rights Institute
• Conferences\Bar Services
• 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 and 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 organizing 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 oflaw.
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 law 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 powers 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 obligation in international law.

The following specific activities are proposed:

• Promotion of the New Fundamental Rights Enforcement Procedure Rules (FREPR): Nigeria operated the previous Fundamentals 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 philoisophy behind the rules.
• Engage Law faculties and introduce the Rules into school curricula to promote early understanding of its contents amongst aspiring lawyers.
•  NBA Judgement Registry Initiative:  with Access to Justice, the NBA established the judgement registry program. This is a specially designed programme intended to ensure that all court judgements/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 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 early on. 

This project has not gained the necessary acceptance expected. My administration will work with all the branches or a combination of branches 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 the government to ensure their buy-in. Through this programme, the NBA intends to compile a list of all past judgements/orders that have, till this time, not been enforced, or overtaken by events, and then work towards enforcing, or overtaken by events, and then work towards enforcing them.

STRENGHTENING 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 to 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 Humna 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 it,s 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 provides for. We recognize a need for urgent review of the legal 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 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 judgement 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 organizing 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 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:

•  National Conference on Criminal Justice System: The proposed Conference will focus on; 
• Apprehension of Criminals 
• Pre-trial detention 
• Trial in court 
• Conviction 
• Sentencing 
• Post sentencing etc 

The objectives of the conference are;

• To bring about reforms in the administration of Criminal Justice through the enactment of the Administration of Criminal Justice Bill.
• To develop a Criminal Justice Act that will replace the Criminal Procedure Act.
• Propose possible areas of constitutional amendment.

This conference is aimed at bringing together relevant stakeholders for a brainstorming session on how best to convert the various recommendations into government policy and action points for civil society. It is our intention at the end of the conference, to generate recommendations to strengthen the provisions of the Administration of Justice (Amendment Bill) currently with the National Assembly; generate recommendations for a constitutional reform and establish a multi disciplinary task force on criminal justice sector reform advocacy to publicise and engage government with the recommendations of the conference.

• Holding Charge Reform: 67 percent of the Nigeria prison population are awaiting trial inmates. Many of our prisons suffer from debilitating overcrowding issues. Funding challenges and ineffective prison/court administration framework continue to confront our detention and court system. Sadly these challenges are further compounded by the lingering problem of holding charge practice which continues to indefinitely throw Nigerians behind bars.

The Supreme Court in March 2007 overruled the Court of Appeal and ruled that the holding charge practice was constitutional. This new ruling throws up more access to justice question and the protection of the rights of accused persons. However, the NBA believe that this state of affairs can be adequately tackled with States reviewing their remand procedures to ensure that the rights of accused person are protected and that there are constant automatic judicial review of remand orders. In addressing this challenge, my administration shall:

• Promote the existing NBA Manual on holding charge.
• Engage States to review their remand practices borrowing from the effective and innovative system being developed in Lagos State.
• Provide an interactive platform between the Bar and the Bench to discuss these challenges and see how best Magistrates can help in stemming the trend of rampant remand orders.
• Duty Solicitor Scheme: The Legal Aid Council, Open Society Justice Initiative and the Nigeria Police introduced the Duty Solicitor Scheme aimed at providing legal support for both police and suspect at the point of first contact with the criminal justice system. The scheme proposes a desk in every police station manned by a lawyer to ensure compliance with the law in the treatment of suspects. Members of the NBA have vigorously argued for the need for such a desk in every police station. This scheme is in a pilot phase and my administration proposes to buy-into this program. To this end we will be engaging the relevant stakeholders to develop a framework for effective and progressive involvement of the NBA scheme. 

Apart from the Duty Solicitor Scheme, it is intended that every branch of the NBA shall forthwith set up from among its members a watch-dog Committee to monitor and ensure that the goings-on in the police stations are constitutional and in line with the expectations of proper law enforcement. Thus the Committee will take the statistics\record of:

• all criminal complaints lodged in every police station within their jurisdiction.
• all criminal complaints entered into the police crime diary.
• How many of these complaints were eventually charged to court
• How many of these complaints were resolved\withdrawn and\or compounded.
• Whether cases withdrawn or compounded were done so in line with the law.
• Whether the police station in issue is adequately equipped by virtue of training and equipment to enforce law and order in the society.

These and other responsibilities will be the function of the Bar\Police Watch-dog Committee. It will have a branch\State\Federal structure so as to ensure that the growing trend of lawlessness and impunity in law enforcement is redressed.


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 the 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 centrally of elections to 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 will of the people. We propose the following intervention:

• Strengthen the NBA Election Working Group through capacity building initiatives and financial endowments.
• Articulate and implement programs in the area of civic education and voter education using the structure of the NBA branches
• Develop capacity building programs around electoral justice issues for the Bar an Bench
• Monitor election petition process
• Work with other stakeholders in ensuring a credible electoral process
• NBA PRO-BONO INITIATIVE

Access to Justice and legal representation is essential for any legitimate system strengthens public respect for the law and gives people confidence in the legal system.  The resources of the government and of legal services organizations are insufficient to satisfy the critical legal needs of the poor and 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 to provide pro bono legal services stems from the profession’s role and purpose in society and from its implicit commitment to a fair and equitable legal sytem.
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 lawyer’s ethical standards and obligations.
To achieve this in concrete terms we will propose a pro bono declaration for 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 a law firm 10 days of pro bono services 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 the Legal Aid Council, Non Governmental Organisations.

For the purposes of this declaration, pro bono legal services are those provided without 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 the law school.


PUBLIC INTEREST LITIGATION.

Of recent the Bar has realized that one of its potent weapons in the fight for the promotion of good governance is the use of Public Interest Litigation. Given the expansion of the scope of locus standi principles and the growing trends of impunity among elected officials both in the executive and legislative the NBA intends to encourage the growing trend of public interest litigation hitherto the monopoly of few icons and societies affiliated to the legal profession.
The profession can only use the legitimate weapon it possesses to protect the people and its members. To this end, the NBA will set up high powered Committee of crack litigators in all cadres of the profession to promptly advise and respond to all situations deserving of judicial intervention.

The vision of the NBA is to be among the foremost Bar Association’s in the world, to achieve this vision; the NBA administration under my watch will do the following;

• Promote Regional and International relations.
• Explore Regional and International mechanisms for the enforcement of fundamental rights.
• Develop and strengthen relations among bar associations and law societies across the world.
• Strengthen NBA’s observer African Commission.
• Develop and strengthen relations with International law Associations like IBA, Common wealth Lawyers Association and PAN African Law Union.
• Encourage NBA’s participation in International Conferences.

Conclusion:

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 greater Nigeria.

Joseph ’Bodunrin Daudu, SAN
President, NBA
2010-2012