Some aggrieved northern members of the Nigerian Bar
Association (NBA) have pulled out of the group; alleging that the legal body is
biased.
The lawyers say they have constituted a new group called New
Nigerian Bar Association (NNBA).
This is a fallout of the controversy that ensued after the
NBA withdrew its invitation to Nasir el-Rufai, the Kaduna state governor,
following a petition against the governor.
Some lawyers had kicked against the choice of the governor,
saying the invitation is a “reward for misrule” and alleged that el-Rufai has
abused the rights of Nigerians on several occasions.
Another group of lawyers had also called on the NBA to
withdraw its invitations to former President Olusegun Obasanjo and Nyesom Wike,
governor of Rivers state, as speakers for its annual conference — but the
request was turned down.
The Muslim Rights Concern (MURIC) described the NBA’s action
as a declaration of war.
In a statement, the new association said recent developments
within NBA have generated increased concern which necessitated their withdrawal
from the association.
It said the incidents have “exposed the inability of the NBA
to manage and contain the heterogeneity of its members as well as their various
interests”.
“Its penal powers has been deployed discriminatively on the
basis of ethnicity and regionalism,” the statement read.
“As a body of lawyers who have undergone training towards
ensuring the promotion and protection of human rights and liberties, the NBA is
supposed to live above sentiments, regionalism and discrimination on any basis
and of any kind. Therefore, the NBA cannot afford to be seen not to be
upholding the rights and freedom of its own members if at all, it should be
seen to be practising what it preaches.
“The New Nigerian Bar Association have been watching the
activities of the NBA, an association we all looked forward to joining with
high hopes before being called to the Nigerian Bar, forcing idiosyncrasies of
few on the majority of its members, especially in recent times.
“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.”
The new association said NBA mandatory membership is against
the provisions of the constitution which recognises freedom of membership of
every association, as provided in section 40.
The lawyers said their interests are no longer taken into
consideration in major decisions of the NBA hence the formation of the new
association.
“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 practising fees and have
distinguished themselves in the legal profession,” it read.
“The New Nigerian Bar Association feel that lawyers, as
professionals like doctors and accountants should have more than one
association regulated by the general council of the bar.
“The legal practitioners’ act (LPA) which regulates the
legal profession in Nigeria did not establish the NBA. In fact, the NBA was
established as an incorporated trustee by the Corporate Affairs Commission
(CAC).
“It is no longer gainsaying that a group of lawyers can
freely join any lawful association for the protection of their rights and
interests as lawyers and citizens of Nigeria pursuant to the above-cited
section 40 of the constitution.
“Even section 1 of the LPA, which seemingly conscripted all
lawyers in Nigeria to mandatory membership of NBA is, for all intents and
purposes, at loggerheads with Section 40 of the constitution which makes the
former null and void and of no effect whatsoever.”
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