NBA

Extract From The NBA NEC 2024 Meeting In Enugu.

Mary Akanbi

10th November, 2024

Solutions for Stamp Production Delays: 

In response to delays in producing and distributing lawyer stamps, the NBA convened an emergency meeting on September 9, 2024, bringing together the NBA National EXCO, 130 branch Chairmen, and Secretaries.
In line with the resolution of the meeting, the NBA has renegotiated a new agreement with the producers of the Stamp. Branches have also been directed to compile a list of members with stamp delivery issues for immediate attention via stampsupport@nigerianbar.org.ng

2. NBA Holds Governments Accountable: MaziAfam Josiah Osigwe, SAN, assures Nigerians that the NBA will drive government accountability, ensuring policies align with citizens’ calls for justice, human rights, transparency, and good governance. #Accountability #JusticeForAll

3. NBA Annual General Conference in Rivers State – August 2025!
The NBA is thrilled to announce its upcoming Annual General Conference in Rivers. With a 20% fee reduction for young lawyers, we’re making this a more inclusive and accessible event for all! #NBARivers2025 #YoungLawyers

4. NBA Defends Peaceful Protesters’ Rights: Standing against intimidation, the NBA launches pro bono support for #EndBadGovernance protesters facing trial. All branches will monitor these trials to ensure due process and justice prevail. #HumanRights #JusticeForAll

5. The NBA criticizes the recent lack of police security during Rivers’ local elections and addresses “judicial rascality” in conflicting court orders. Security is a constitutional duty! #ElectionJustice #GoodGovernance.
6. Justice for All Ages: NBA Condemns Detention of Minors: 32 minors detained after #EndBadGovernance protests are facing abuse, and the NBA demands immediate reform of the juvenile detention system. Every child deserves fair treatment and protection. #JuvenileJustice #HumanRights.
7. NBA President Pushes for LPDC Rule Reforms: Mazi Afam Josiah Osigwe, SAN, has sent a memo to the Body of Benchers to advocate for prompt investigation timelines and restore the NBA’s investigatory powers in professional misconduct cases. #RuleOfLaw #EthicsInLaw.

8. The NBA will rigorously enforce Rule 12(1), requiring practicing certificates only for lawyers who meet BPF and CPD standards. Ensuring professional growth and integrity across the profession. #ProfessionalStandards #CPD.
9. The NBA President has requested NEC’s approval to appoint prosecutors for LPDC cases, reinforcing our commitment to ethical standards and disciplinary action where needed. #LegalEthics #JusticeSystem.
10. To bring justice closer to lawyers nationwide, the NBA President is advocating for the creation of Disciplinary Panels across Nigeria’s six geo-political zones. Awaiting NEC approval! #EthicsInLaw #LegalDiscipline
11. Utilizing NBA Assets for Growth: President Osigwe, SAN, seeks NEC approval to lease vacant NBA House floors and rent out the former NBA Secretariat. This initiative aims to maximize NBA resources for the profession’s benefit. #ResourceManagement #NBAGrowth.
12. The NBA President requests NEC approval to form new standing and ad-hoc committees and fill General Council of the Bar vacancies for the East and North. #Leadership #Governance.
NBA President’s address on the state of the nation:
Trial of minors for treason.
1. The recent trial of some minors for alleged involvement in Nigeria’s #EndBadGovernance protests, which turned violent has drawn attention to the failure to provide juvenile detention facilities for such minors as well as the imperativeness of keeping such persons under humane conditions.
2. The physical state of the minors and the stringent bail conditions imposed on the defendants including the children, bring to the fore systemic issues within Nigeria’s criminal and juvenile justice system and the need for reforms and enlightenment of police and the judiciary on the need to protect child rights in compliance with both national and international human rights standards.3. Many safeguards that ought to have been taken into consideration in the arrest, detention, treatment, and charging of these minors by both the police and the court were ignored. This therefore cast doubts as to whether the children can get fairness and justice from the police and court under the circumstances.
4. The country must take immediate remedial action to ensure that children are not unfairly subjected to extreme violations of the right to dignity of the human person and other inhuman treatment as well as slammed with charges like treason, which carry heavy penalties generally reserved for adult offenders accused of severe crimes against the state.
5. We, therefore, call for a reassessment of the appositeness of the charges, the combination of adults and children in the same charges, the venue of the trial of adults and children, the length of adjournment, the venue of the incarceration of the children, the onerous bail conditions, the health and nutrition of the children and a mass of other contemplations contained in the law concerning the treatment of Children when in conflict with the law.
Dangers of Holding Charge.
6. Many suspects in Nigeria suffer prolonged detention without trial due to the misuse of “holding charges” by law enforcement. The NBA emphasizes that this practice circumvents constitutional protections against indefinite detention and calls for compliance with the Administration of Criminal Justice Act (ACJA), which limits remand orders to 14-day intervals pending formal charges.
7. NBA branches are to work with the Chief Judge of each state to ensure that no court, particularly magistrate courts, makes a remand order without taking steps to ensure that a charge is filed against a person to whom the order is made or that such a matter is periodically reviewed to avoid prolonged incarceration without trial or any charge being filed.
8. The point must therefore be made that the practice of Holding Charge in the Nigerian Criminal Justice system is not an invention of law but an ingenuity created by Prosecutors to circumvent the provisions of Section 35(4) and (5) of the Constitution of Nigeria (CFRN, 1999 as amended).We have a bounden duty to insist on compliance with the law in this regard to avoid the court’s abuse of power to remand pending the filing of a charge.
Failure of Chief Magistrates and Judges to perform the duty of visiting police stations and Other Detention Facilities in the Country.
9. It is believed that thousands of citizens are suffering in unlawful custody in many detention facilities/centres in all the States of the Federation. The Association no doubt has a crucial role to play in monitoring and ensuring that the requisite authorities carry out their statutory duties of inspecting Police Stations and other detention facilities in the various States of Nigeria and the FCT. The members of the Human Rights Committees of all the branches of the Nigerian Bar Association MUST put in place measures not only to ensure that Chief Magistrates and Judges perform the duty of visiting police stations and other detention facilities in the country but also accompany Chief Magistrates and Judges to visit police stations and other detention facilities in the country.
10. Need for each Police Divisions in Nigeria to have assigned to them at least a Police Officer who is a Legal Practitioner. The Nigerian Bar Association shall, as a matter of urgency, prevail on the Police Service Commission to employ and assign a legal practitioner to monitor the observance of human rights in each of the 5,000 police stations in Nigeria in accordance with section 66 of the Police Establishment Act, 2020.
11. “Closure” of Enugu, Owerri, and Awka Divisions of the Court of Appeal.The Court of Appeal, Owerri Division recently announced a temporary closure to lawyers and litigants from Monday, October 28th, to Friday, November 1st, 2024, due to security concerns. The closure has equally affected the Enugu and Awka Divisions of the Court leaving lawyers and litigants who may have urgent applications or whose matters are due for hearing at a loss about what to do.
We therefore remind the Governors of the south-eastern states that the primary purpose of the government is the security and welfare of the people. We respectfully urge the Governors to assert the authority of the state and ensure by their words and actions that the security of lives and property of the people, particularly that of judicial officers who man various courts in the region are guaranteed.
They must show the ability of the states not only to govern but to protect and secure the people. The south-east cannot afford to have the three divisions of the Court of Appeal shut down. All hands must be on deck to do the needful to ensure that these divisions of the Court function.   Crackdown on Peaceful Protesters.
12. There is a need to emphasise the need to respect the right to peaceful protests. It is important to acknowledge the growing calls from citizens for better governance, accountability, and respect for human rights. The NBA stands firmly in support of the principles of democracy, freedom of speech, and peaceful assembly, which are enshrined in our Constitution. We call on law enforcement agencies to exercise restraint and uphold the law by ensuring that citizens are free to express their views peacefully. In light of this, the NBA reaffirms its commitment to protecting the fundamental rights of all Nigerians.
Proposed Constitutional Amendment to take away the powers of the National Judicial Council (NJC) to make recommendations to the Governor for the appointment of judicial officers of the State High Court, Sharia Court of Appeal, and Customary Court of Appeal.
13. We are therefore of the view that these powers should NOT be taken away from the NJC. If one can conjecture from the ways the State Governors have largely emasculated the Local Government system by ensuring that they are denied democratic government as well as their financial autonomy despite clear Constitutional safeguards backed up by judicial decisions, one will be right in concluding that Governors would abuse the power and make the State Judiciary an appendage of the Executive.
Fuel Price Hike- Nigerian Government Must be Sensitive to Plight of Nigerians.
14. The recent increase in the price of Premium Motor Spirit (PMS) by the Nigerian National Petroleum Company Limited (NNPCL) continues to have severe effects, with fuel prices affecting supply and logistics, power generation, transportation, and factory operations.
We therefore call on the government to immediately take steps to reverse or stop this continuing increase and urgently implement measures that cushion the effect of rising fuel prices. This should include investment in local refining capacity, public transportation, reduced taxation of the income of low-income earners, repair of public roads, improved security so farmers can farm and evacuate their farm products, transparent fuel pricing mechanisms, and broader economic policies aimed at reducing poverty and providing sustainable solutions to Nigeria’s energy challenges.
Oil Theft In Nigeria.
15. Crude oil theft in Nigeria is an issue with far-reaching implications for the nation’s economy, politics, and society. This problem is not just about the theft of a valuable resource but reflects deeper fundamental issues within the country’s leadership and governance.
Despite being a major oil producer, Nigeria suffers from rampant oil theft due to inadequate enforcement of security measures and regulatory policies, corruption, and a lack of political will. The NBA has a role to play in this regard. The NBA Branches in the oil-producing areas should embark on advocacy work to help stem this activity that does Nigeria no good.

*See the full NBA NEC 2024 Speech and Report Below;*

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