The usual narratives, amplified by abstract promises and ambiguous characterizations are already appearing on social media and in national dailies as the race for the Nigerian Bar Association (NBA) presidency heats up. There is nothing unusual about this; in fact, it is expected that such politicking would largely influence opinions of the association’s over two hundred thousand members in choosing their new leader. Beyond the obvious focus of most narratives on the exclusivity of the NBA’s responsibility to its members, it is important to point out the relevance of the association, and the significance of its leadership choice, to the lives of all Nigerians, regardless of social or professional ascription.
An appropriate explanation of this point is the fact that the legal profession is one with serious responsibilities in which the duties of its practitioners- advocates and Lawyers- are not limited only to pleading or representing the exclusive interests of select clients but also make them interpreters and defenders of the rights and privileges of all people. It is for this reason that Nigerians are expected to take keen interest in how the NBA conducts its activities, including the selection of its leadership, as their position on the standards by which lawyers operate would obviously determine the quality of legal representation.
A writer once stated “As justice is the great interest of men on the earth and as the lawyer is the high priest at the shrine of justice, the quality of justice, to a very great extent, depends on the moral quality of the lawyer. It is on his integrity and fairness that the sanctity of administration of justice depends.” These words hint at the imperative of a transparent and professional body that must meet its task of providing top rate representation to ensure the defense of the rights of the people. The question is how can this be done?
The NBA was set up with clearly defined roles, among which is its prime responsibility to ensure advanced reforms of Nigeria’s laws as well as improving access to the institutions of justice and promoting the rule of law towards achieving good governance. It is also saddled with the responsibility of improving the legal skills “with a view to meet the 21st century’s needs in the legal profession”, which would also ensure economic advancement of lawyers, a most important factor.
There are many who believe the association has not been able to meet up with these responsibilities, even if it has made some admirable efforts towards achieving its goals, and these issues stand at the forefront of the campaign for a new leadership with a most important demand being the reorganization of the body to provide genuine reforms, not just in improving remuneration for, and the rights of lawyers, but achieving this through efforts to strengthen professionalism that would enhance the quality of legal representation and the reputation of the representatives.
While these issues should be prioritized in campaigns for the leadership of the body, some have surreptitiously thrown in the usual artifice that erodes transparency in such processes in Nigeria, insisting that the office be reserved for a Senior Advocate of Nigeria (SAN). While a novice cannot wade into the complexities of such a debate, it is important to point out some key facts here.
The words of one of the most celebrated legal minds in Nigeria, Afe Babalola, unwittingly captures why such a suggestion might be a problem. He explains that “the process of appointment of Senior Advocates of Nigeria is restrictive and selective… In order to ensure that applicants possess sufficient experience in legal practice, the Legal Practitioners Privileges Committee has put in place certain criteria… All applicants who meet these requirements are then shortlisted and subjected to a selective process using parameters which are not clearly defined and indeed have attracted criticism and controversy.”
If the contest is reserved exclusively for a select group to which the criteria for induction is already limited by a process considered controversial, it is obvious that this would stand as a barrier between the leadership of the bar association and it’s members. For a body that strives to promote a sense of fellowship within its ranks, this would surely not build confidence in its leadership.
Reading one of the contestants for the office, former NBA-Section on Business Law (SBL) chairman, Olumide Akpata’s opinion about issues such as quality of representation and strategies for improving standards and reputation of the legal profession suggests an appreciation, finally, of the key issues that must be addressed. This must surely resonate with lawyers and members of the public alike.
These have been some of the pressing challenges that have kept legal representation in this country below par for years. Akpata’s appreciation of the fact that a wide spectrum of lawyers are often alienated from the affairs of the Association and are not treated as equal with others is stating the fact that has been voiced by many for years. As he puts it, “an Association whose members do not join, or do not remain part of, out of a voluntary sense of commitment and involvement but due to compulsion is on the verge of extinction”.
Akpata seems to have acquired a reputation for his leadership qualities and work ethics. He has already secured important endorsements that would suggest his views resonate with some respected figures in the profession, such as former chairman, Body of Benchers, and first female Attorney-General of Lagos State, Mrs Hairat Balogun. How this translates to an advantage in the field is uncertain, but he appears to be altering perceptions.
Even more resounding for its recognition of a link between a sound legal profession and more just representation for the masses is his assurance of “a deep appreciation of the role that the Bar plays or ought to play as the watchdog of the society and a commitment to deliver as such”. It is not so much Akpata’s lucid expressions that count, but the fact that, for once, a voice among the contestants for the NBA’s leadership resonates with the public and represents the true demands of many aggrieved advocates and lawyers.