The Faulty Premise of the So-Called New NBA
‘The decision to disinvite El Rufai, was not taken on the basis of ethnicity or religion’ - Raymond Nkannebe
Background
Recently, some supposed Lawyers from Northern Nigeria, namely, Nuhu Ibrahim, and Abdulbasit Suleiman basking in the euphoria of their self importance or perhaps, craving for cheap fame, but clearly actuated by rather parochial and conceited motives, declared their intention to float a “New Nigerian Bar Association” in a widely circulated press release over what they described as “the recent rumblings from the Nigerian Bar Association”.
“What has been happening recently has exposed the inability of the NBA to manage and contain the heterogeneity of its members, as well as their various interests. Its penal powers have been deployed discriminatively on the basis of ethnicity and regionalism”, part of the statement read.
The duo, no doubt, were making reference to the decision of the National Executive Committee (NEC) of the Nigerian Bar Association (NBA) - its highest decision making body, withdrawing the invitation it had earlier extended to the Kaduna State Governor, Mal. Nasir El-Rufai, to be one of the Speakers at its 60th Annual General Conference, following a petition written against the Kaduna State politician and general outrage from lawyers, on account of his poor human rights record and alleged mismanagement of the Southern Kaduna crisis.
Ordinarily, one would think that a group who claim to “have undergone training towards ensuring the promotion and protection of Human rights and liberties” would appreciate such a bold decision by the NEC of the NBA, to the extent that it shows that the Association can rise to the demands of its members, as well as deploy its platform to censor untoward behaviour as well as exacting responsible leadership from Nigeria’s largely irresponsible political class.
But, that was not to be, howbeit unfortunately. Any reading of the press statement gives the impression in the mind, of a group driven by primordial ethnic and religious sentiments, rather than the growth and development of the legal profession in Nigeria.
By going as far as identifying the ethnicity of the signatories to the petition written by Open Bar Initiative - a Civil Society Organisation with extensive advocacy in Bar-leadership accountability and improvement in the quality of the legal profession in Nigeria, and forcing a feud between them and the disinvited Governor, the group gave itself away as tribal champions who should not be seen or heard, angling to promote a splinter cosmopolitan organisation like the NBA, which in many respects, is a microcosm of Nigeria. Hear them:
“No wonder, NBA NEC, which is the highest decision-making organ of the Association failed to uphold the fundamental principles of fair hearing which in itself, is the fundamental aspect of Rule of Law, on the allegations against the
Executive Governor of Kaduna State, Mallam Nasir Ahmad El-Rufai, as were contained in a petition by Chidi Odinkalu Esq. a long time foe of His Excellency and a Lawyer of eastern extraction, but the NBA failed to extend the same treatment to Southern invitees who were also petitioned and are also alleged to have committed similar or more human rights abuses than those alleged against Mallam El-Rufai”.
Issues
The circumstances in which the Kaduna State Governor was disinvited have been clearly explained away by the immediate past President of the NBA, Paul Usoro, SAN, in a letter addressed to the Nigeria Governors Forum (NGF) and other interest groups within the NBA, with due courtesies. The thrust of that narrative has also been corroborated by other attendees of the NEC meeting, to the effect that the disinvitation motion was put to vote, and was resolved in favour of those who wanted the Kaduna Governor withdrawn. In other words, it wasn’t the sole and capricious decision of one man with intent, solely to embarrass the embattled Governor.
It is also claimed with some force that the “NBA failed to extend the same treatment to Southern invitees who were also petitioned and are also alleged to have committed similar or more human rights abuses than those alleged against Mallam El-Rufai”. Wonders shall never end! While it may be argued that there were other panelists at the Conference who like ElRufai, have ugly human rights score sheet, it must be put in context that as at the time the NEC held its quarterly meeting, only one such petition lay before it, namely the one against El-Rufai. Thus, it couldn’t have embarked on a determination of what was not before it.
Admittedly, a number of petitions were also raised in the wake of the dis-invitation of ElRufai, however, whatever their merits, it is my considered view that they were actuated by Shylock syndrome and sheer arrogance. Of course, the NEC didn’t get the ‘opportunity’ to consider those petitions even if on the surface, as the Annual Conference was already before it. Does that necessarily translate to the NEC being partial as touted? Not in the least, to my mind.
I think it must also be put in context that, the decision to disinvite El-Rufai was not taken, as far as one can verify, on the basis of his ethnicity or religion. Indeed, the NEC of the NBA is a body accommodating members of virtually all religious persuasions and ethnic identities. And the reason is not hard to seek: to attain the paramount goal of inclusion. Hence, no single group could claim that their head was shaven in their absence, as the Conveners of the “New Nigerian Bar” seemed to suggest. To be sure, as pointed out by respected Senior Advocate and Rights Advocate, Mike Ozekhome, who was in attendance at the NEC meeting, the motion to disinvite the Governor was moved by a Northerner, and the few votes against it were recorded by Southerners. I do not think anything could be more suggestive of a process undertaken shorn of ethnic or religious considerations, as alleged.
Elsewhere, the group claims that “a cursory chronicle of the membership composition of major organs of the NBA would reveal lopsided representation despite having large numbers of Lawyers from all parts of the country, and especially Northern Nigeria who have diligently paid their Bar practicing fees and have distinguished themselves in the legal profession”. It is not clear whether what was intended here was leadership, or membership of the “major organs of the NBA”. However, whichever it is, it is not supported by verifiable facts.
Firstly, there is no barrier of whatever kind to becoming a member of any NBA organ. Membership at all times remains voluntary, subject to the rules and processes of the individual NBA organ. It is therefore, false, to suggest that Northerners are exempted from membership of NBA organs. On the other hand, if what was intended was the leadership of these so-called NBA organs; that too would be erroneous. In recent years, the leadership of the NBA is zoned regionally to the East (including Rivers, Cross River, Akwa Ibom and Bayelsa); the South West (including Edo and Delta States) and the North (Arewa). In 2016, Mr. Abubakar Balarabe Mahmoud, SAN emerged the 33rd President of the Association after beating his closest rival, Joe Kyari Gadzama, SAN in what was clearly a Northern affair. In line with this extant zonal arrangement, by 2022, the lot would once again fall on the North to field the next
“ANY READING OF THE PRESS STATEMENT, GIVES THE IMPRESSION IN THE MIND, OF A GROUP DRIVEN BY PRIMORDIAL ETHNIC AND RELIGIOUS SENTIMENTS, RATHER THAN THE GROWTH AND DEVELOPMENT OF THE LEGAL PROFESSION IN NIGERIA”
the disinvitation? Was the NBA leadership not thoughtful of the likely consequence of subjecting such issue to a debate at the NEC meeting? If the NBA could believe the story of those calling for the disinvitation and acted on it, why was the Association afraid of listening to El Rufai since he had agreed earlier to speak?
Except the allegation of “Sole Administratorship” being levelled against the outgoing NBA President is true, I think one of the best ways to have handled such issue by National Officers and the Organising Committee of the NBA Conference upon the receipt of the petition against El Rufai, was to tell the petitioners that they are in receipt of their petition but since the man had already been scheduled to speak in the conference, a copy of their petition would be sent to El Rufai with the NBA cover letter for him to get prepared to address those issues raised against him during the conference, where the petitioners will be allowed to ask him questions. Unfortunately, this was not the case and therefore, the outgoing NBA leadership should take the responsibility for the present mess the Association has found itself.
Inviting El –Rufai to speak at the NBA Conference is like bringing him into the Witness Box for proper Cross-Examination. The allegations against him are too overwhelming, that we all need to hear his own side of the story. Was he truly involved or taken sides with either of the Warring Parties as the Governor of that State? What role has he played to bring peace to the entire Kaduna State, particularly the Southern Kaduna? I do not think there is any right thinking person that will rejoice or be happy about what has been happening in that State, particularly in the Southern Kaduna that has for years, been turned to a war zone. It was an area I once lived, and still have friends and relatives there to date. Whenever I hear the area is boiling, my mind is not at ease. I continue to ask for how long will these people continue to kill themselves?
We should all be concerned about how peace and stability will return to that area and other parts of the country, where security of lives and properties has become a serious challenge. But, are the 1700 Lawyers said to be behind the petition for the disinvitation, helping the situation? NBA is an association that has many hypocrites in its midst, than those who are genuinely concerned about its unity. I find it difficult to understand those Lawyers that go about parading themselves as Human Rights activists, but do not believe in the principles of fair hearing. Is Fair Hearing alien to the Human Rights activism?
This is a period in which we have greatly missed the late Chief Gani Fawehinmi, SAN, the real human right activist who once said Lawyers must “stand up for what is right”. Why do people not reflect deeply before signing any petition?
Parallel Bar Association
There was a particular year when some aggrieved Lawyers were going about gathering signatures to create a parallel bar association, they came to me and I declined on the ground that the solution to the NBA problems is not in creating another association, but to continue clamouring and agitating for a better reform of the existing NBA. I know some of those Lawyers today, now struggling for positions in the NBA.
Serious allegations have been levelled against Governor El Rufai. A group that calls itself ‘Human Rights, Liberty Access and Peace Defenders’ Foundation (HURIDE) in a statement by its Chairman, Dede Uzor has this to say:
“..The Governor of Kaduna State should resign or the State House of Assembly should immediately commence his impeachment process. He cannot exonerate himself from the continuous massacre and the genocide in Southern Kaduna. El Rufai still provides logistic and financial backing to those murderous Fulani
Herdsmen, to continue to kill innocent Christians in the Southern part of Kaduna. He is not hiding it. He accepted backing them...”.
Now, if such a grievous allegation was made against El Rufai or any other person to the NBA, will it be proper for the Association that prides itself as promoter of the rule of law to act on such allegation without allowing the person concerned to be heard? The NBA Leadership in the case of El Rufai, this time around got it extremely wrong.
In the last elections of the National Officers in which Deacon Dele Adesina, SAN took part and came third in the race for the presidency, he sent a powerful petition to the Trustees of the NBA, asking for the cancellation of the election. The BOT did not consider Deacon Adesina’s petition without hearing the response of the Electoral Committee of the Nigerian Bar Association (ECNBA), and thereafter, in its wisdom concludes thus :
“.... We note that the elections were not perfect. We reviewed your petition and note that, it raises serious issues. Nonetheless, our advice will be the overall interest of the Bar should be paramount on the mind of every Nigerian Lawyer, and to that extent, we urge that all Lawyers and no less the candidates be mindful of the need to promote a cohesive, united, and strong Bar. We regret that we are unable to advice that the election should be cancelled in the overall interest of the Bar”.
Can there any well thought decision than this? But, what did we have from the outgoing NBA Leadership’s decision on the petition for the disinvitation of a particular guest speaker? Was the other side heard before the NBA NEC’s decision? Was that decision in the overall interest of the Bar? Can that decision promote a cohesive, united and strong Bar? The irony of the whole situation was that the outgoing NBA Leadership was looking for a perfect guest speaker in the world, where there is none. When you said you are looking for a leader that was never involved in what you call human rights abuses or violation of the rule of law, in what way is Chief Olusegun Obasanjo or Governor Wike better than Governor El-Rufai? There are Lawyers who often accuse government about being selective in the fight against corruption, can they now agree that the NBA NEC was selective in the disinvitation of guest speakers that are seen as violators of the rule of law? The present NBA leadership’s blunder, has again justified the clamour that the composition of the NBA NEC is not democratic and needs to be revisited. As long as we continue to have a NBA NEC of which selection of 100 of its members is absolutely left in the hand of the President, so long will such NBA NEC be churning out decisions that are embarrassing to the rest of us. If the BOT had gone the way of the NBA NEC, I believe the tight rope on which the NBA has been walking may have broken or caught off by now, but I commend the BOT for its high level of wisdom, courage and foresight . Conclusion It is very unfortunate that the present NBA leadership had bowed to the unnecessary pressure of those Lawyers who asked for the disinvitation of a Guest Speaker, after the invitation had been issued in the first place. Now that they have achieved what they wanted, they are going about jubilating about their victory, without caring about the negative impact such attitude may have on the unity of the NBA. The jubilation has showed the version of the human rights activists we have in this country, who do not believe in the principle of hearing the other side. Where are the advocates of No Media Trial (NMT)? We needed to hear from El Rufai on the grievous allegation against him, that he “provides logistic and financial backing to those murderous Fulani Herdsmen to continue to kill innocent Christians in the Southern part of Kaduna”. This issue should not have been allowed to be swept under the carpet, for the sake of unity of the NBA, if the outgoing NBA leadership was truly committed to the survival of a united and all inclusive Nigerian Bar Association.