The Nigerian Bar Association (NBA) has over the years been vociferous, and played the role of the voice of the voiceless and defender of the people’s rights. But, in recent times, the Association is somehow being perceived to be losing that role for which it was held in high esteem. In a chat with Onikepo Braithwaite and Jude Igbanoi last weekend, Dr Monday Onyekachi Ubani, past Chairman of NBA Ikeja Branch, former 2nd Vice President of the NBA, and immediate past Chairman of the NBA Section on Public Interest and Development Law, spoke his mind on sundry issues, including the ongoing face-off between the NBA President and the leadership of NBA-SPIDEL. He also spoke on why he believes the release of the incarcerated IPOB leader, Nnamdi Kanu, will bring the much needed peace and economic progress to South Eastern Nigeria
The Nigerian Bar Association’s Section on Public Interest and Development Law (SPIDEL), is currently embroiled in an embarrassing battle with the NBA President, who has gone ahead to suspend the leadership of the Section. You were Chairman of SPIDEL and are still a pillar of the Section, what really happened? What are the real issues? What efforts are afoot to resolve the imbroglio?
I have done my little investigation, and I came to an informed conclusion that the present crisis of confidence between the President of NBA, Mr Yakubu Maikyau, SAN and the leadership of NBA-SPIDEL, superintended by John Aikpokpo-Martins, occurred due to a communication gap. The President was of the firm opinion that the leadership of NBA-SPIDEL did not carry him along especially over the public interest cases they were handling, that gave public impression that the entire leadership of the Nigerian Bar Association of which he is the head, was aware of and possibly gave approval.
On the part of the leadership of NBA-SPIDEL, they were of the strong opinion that over matters of public interest including litigation and remedy-seeking measures, they are strictly independent and do not need to obtain the approval of the leadership of the NBA before they embark on the pursuit of administrative or judicial remedies.
As each stuck to their views, clash was inevitable and the consequence is what everyone is now aware of – the deployment of a sledge harmer by the President of the NBA, over the leadership of NBA-SPIDEL.
Is peace elusive? The answer is an emphatic “no”. What many persons do not know is that both the NBA Preseason and the Chairman of NBA-SPIDEL were classmates in Law School and have remained friends and colleagues thereafter. Nothing about the present crisis is personal, their official positions brought the present misunderstanding. Both are willing and committed to the amicable resolution of the crisis.
As the immediate predecessor of Mr Aikpokpo-Martins, I owe a godly obligation to the two friends, NBA-SPIDEL and NBA generally, to intervene to resolve the lingering problem. Luckily for me, both gentlemen are humble, godly and heaven-conscious. I am used to teasing the President, Y.C Maikyau, SAN any time I see him, that he will make heaven. He will immediately remind me, that his candidacy of heaven is not in doubt (laughs). I believe that this matter will be resolved amicably, before the exit of Mr President sometime in August this year. Nothing is impossible with God, In’s ha Allah.
In a few weeks’ time, Nigerian Lawyers will go to polls to elect their national leaders. As a former Vice President of the NBA, what are your expectations from the elections? What kind of national officers would you like in the forthcoming process?nbsp;
I regard the forthcoming election in NBA, as decisive. What do I mean by that? If we are sincere, there is apparent division lurking around NBA as one umbrella body of Lawyers in Nigeria. Part of the reason for the agitation by those who feel that one umbrella body like NBA cannot serve the needs of thousands of Lawyers in Nigeria, stems from previous elections that some aggrieved candidates felt were not free and fair. Whether they are right or wrong is another topic for another day, but suffice it to say that alleged electoral malpractices are part of the reasons some aggrieved members feel that NBA has failed to satisfy their needs and aspirations, hence, their agitation for another body that may address their quest for justice, equity and inclusiveness.
Therefore, everything must be done by the Election Management Team of the upcoming election, to ensure a transparent and fair electoral process that will not give room for those waiting in the wings to jump ship, and bid a final farewell to NBA.
My expectations of the new leadership of the Bar that will eventually emerge is very high, and hopefully, will not be misplaced. We need leadership that will be a strong voice for the Bar over matters of good governance, rule of law and protection of the members of the Bar against poverty in the profession, and against maltreatment by government institutions especially security agencies.
A strong, bold, wise and inclusive-driven leadership, is the desire of every average Lawyer concerning the incoming leadership. I am looking forward to reading communiques of NEC, where issues pertaining to the nation and the profession will be adequately addressed by them.
Thank God that Maikyau’s leadership pursuit for Judges’ welfare, is yielding positive results. Like Oliver Twist, we need a more aggressive drive for quicker administration of justice in Nigeria that is technology-driven with content of justice, to all parties who come to court seeking for judicial remedies.
A few years ago, some Lawyers. even Seniors, complained that the NBA was not performing the role of a Bar Association. Would you say the NBA is back on track?
If there is any professional body that Nigerians expect to speak on their behalf all the times, it is the Nigerian Bar Association. The NBA, the civil society groups, including civil and human rights groups and persons, went to sleep after the military was successfully driven back to the Barracks in 1999. Everyone felt complacent, after all, we have taken our common enemy out of the system, we erroneously thought. That sleep mode affected all the aforementioned groups and individuals, including the NBA. That sense of accomplishment may have affected NBA, no doubt.
Therefore, the critics of NBA meant well by saying that to whom much is given, much is expected. It is expected that NBA as a body, should take these criticisms as an elixir that will stir the giant to action. Nigerian Bar Association is the only professional body in Nigeria naturally expected to hold Government accountable and give direction to good governance, obedience to rule of law and protection of fundamental rights of the citizens. ICAN, Chartered Secretaries, Nigerian Medical and Dental Association or Nigerian Society of Engineers etc cannot be expected to play these roles naturally expected of Lawyers in a developing country like Nigeria.
Therefore, we should rise up from slumber and take up our natural role as the voice of the voiceless in Nigeria.
You are known more as a Human Rights Lawyer. How would you score the human rights record of President Tinubu’s administration so far? There seems to be an emerging developing negative trend, particularly in the Niger Delta these days, about three or four incidents where law enforcement agents – Soldiers and Police have been murdered, and in some cases, their corpses mutilated. What do you think may be responsible for this ugly trend? Obviously, the way these incidents are handled will also be a litmus test for this administration’s respect for the rule of law. How do you think this matter should be dealt with by the authorities?nbsp;
My assessment of the present Government on human rights issues, will be objective and fair. The ability of the present Government to take corrections immediately any infraction is noticed or pointed out, stands out for me.
Two instances will suffice for now. The Government of President Tinubu removed the Vice Chairman of Federal Competition and Consumer Protection Commission, Mr Babatunde Irukera, without complying with the extant statutory provision that provides for Senate’s approval before removal. Immediately that error was brought to the attention of the Government, there was no grandstanding or name calling. The error was immediately corrected.
The second instance of respect for rule of law by this administration, is the recent Police arrest of one young man popularly called VeryDarkMan in the social media space. The young man’s account of his arrest and interrogation revealed a cordial and civilised encounter, despite the Complainants’ quest for him to be maltreated.. His account is a departure from normal stories of intimidation, torture while in detention of the security agencies in Nigeria. His account was a refreshing breath of fresh air. He was also released timeously when civil society groups, human rights bodies and individuals raised alarm about his arrest and detention.
Arrest of any person alleged to have committed any crime is not an issue to me; what matters to me and for which I will always be compelled to pronounce judgement, is the procedures adopted by the security agencies during arrest, interrogation and the length of detention after arrest. I abhor detention without trial. Presumption of innocence inures in favour of any accused person in Nigeria, and that presumption should not be destroyed no matter how heinous the crime.
The murdering of those security agents in Delta State is barbaric, crude and unacceptable, just as the alleged retaliatory acts by the security agents against innocent women, men, youths in the area are condemnable.
The Government owes a responsibility to fish out the culprits using advanced technology, and at the same time, ensure that innocent people of that region are not meant to pay supreme sacrifice for what they know nothing about. Any misplaced destruction of lives and properties in the area where the killing took place, will not portray the security agencies in good light. There is no group or village culpability in law, except where conspiracy is well established.
Blanket judgement, including mob action by the security forces, will not paint the Government in great light. The handling of the killings by the present Government will either raise their positive points on respect for human rights, or make it to nose dive. We counsel that the best approach that accords with best international practice, be employed in the whole matter.
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