By Editor

*Changes National Officers To National Executive Committee *Reduces Number Of NEC Member *Renames National Executive Committee To National Executive Council *Office of Financial Secretary Scrapped

The Nigerian Bar Association (NBA) has resolved and adopted ten radical issues in the new provisions of the proposed Constitution.

The Bar at its Annual General Meeting held on the 28th and concluded on 29th, in Port Harcourt, Rivers State, raised issues on the NEC/ Co-Opted Members, Diaspora Membership, NEC Membership number, Reforming of Secretariat, General Council of the Bar, Posts call, Vice Chairmen, Young Lawyers’ Chairmen, Creation Of Committees, Public Law Officers.

NEC/ CO-OPTED MEMBERS

The Nigerian Bar Association, NBA, has reduced the number of Co-Opted members of the National Executive Committee from 180 to 150, which Is (20%), to save cost and for efficacy.

On who to become a member, It was agreed that the Chairmen of branches and the Secretaries, because they are critical to the process. Other members include; Past Presidents, Past General Secretaries, Chairs, and Secretaries of Sections and forums.

To reflect the 20% reduction, the formula for membership was shared as follows: Senior Advocates of Nigeria (SANs)—30 Members, Lawyers from 25 years post-call 30 Members, those with 10 years post Call to 25 year, 47 representatives. The president said because they have the bulk of the Association. special groups which include those living with disabilities, those not included in the affairs of NBA, will get 20 representatives, while Young Lawyers will have 15 reps. Each category of past National Officers will have at least 1 as a Co-opted member of NEC. This means that the Body of 1st Vice President must have 1 as a Co-opted member. This also applies to all the other offices in the National.

They also resolved that “National Officers” will now be referred to as “NATIONAL EXECUTIVE COMMITTEE”, while NEC will now be called “NATIONAL EXECUTIVE COUNCIL”. All past presidents and General Secretaries are Statutory members.

On the issue of reduction of list of National Officers, office of Financial Secretary was scrapped. It was resolved that the Treasurer will handle both offices with the support of the head of Finance of the Association.

GENERAL COUNCIL OF THE BAR (GCB).

The Mazi Afam SAN, who is part of the Constitution Amendment Committee, cleared the air that members of the General Council of the Bar will be selected based on the criteria set out by the Legal Practitioners Act. When selecting the 20 Members the Association will rely on those criteria and then the Electoral Committee Nigerian Bar Association(ECNBA) will also conduct election for the 20 members,

which comprises of the President, General Secretary and 18 others from the 3 geopolitical zones. Decisions of election committee is no longer final, same is now subject to appeal to an appeals committee.

CALCULATION OF YEARS OF CALL TO BAR

For the purposes of NBA Offices, it was concluded that the anniversary of one’s year of call will be used in calculating. The President, Olumide Akpata, said as an association’s internal affairs this is what we can decide to do, rather than living in the confusion that exist today.

However, NBA has no power to determine the applicable year of calculation with respect to payment of practicing fee. This is because the payment of practicing fee is regulated by the LPA which is a federal statute. Therefore, the court judgment with respect to payment of practicing fees is sacrosanct.

DIASPORA MEMBERSHIP

The meeting landed on the point that for any Lawyer, who does not reside in Nigeria but wants to be a member of the Bar must first be identified with a local branch of the NBA and after that he can take up membership.

However, it was also agreed that the provision which says that a member must be practicing in that branch should be expunged from the constitution. The new provision will now be simply, “register with a branch, to qualify being a member of NBA.” It means that he can be practicing in any part of the world and still remains a member of NBA, provided he is registered with a local branch of his choice and pays his Bar Practicing Fees and Branch Dues.

SECRETARIAT REFORM

The proposed Amendment also stated that the Secretariat should be managed by the Secretariat Management Board, chaired by the President with General Secretary and the Treasurer as members. Someone suggested that it will be an anomaly for the General Secretary, to be just a member of the Management Board, considering that the Secretariat is the main area of supervision for the GS.

Responding to that, the President, Olumide, Akpata, made an alternative proposal, which was accepted that the Secretariat Management Board, be chaired by General Secretary and treasurer as the member, to take care of Finance issue and welfare Secretary as another member.

However, he said the general functions of the General Secretary remains but the day-to-day running of the Secretariat has been given to the Board.

He also said that there will be Executive Director(ED), and the tenure will be four years, which will be subject to renewal. The 3-man Committee will be the Board that the Executive Director(ED), will report to.

The Board will report quarterly to the President, who will in turn report to the NATIONAL EXECUTIVE COMMITTEE, while the Board will remain under the supervision of the President, according to the Constitution

The president said secretariat reform is very essential and it Is one of the areas he has always had in mind to reform when he becomes the president.

PUBLIC LAW OFFICERS

It was concluded that lawyers in public office can now aspire to national offices except that of the President, 1st Vice President and the General Secretary.

PAST VICE CHAIRMEN OF BRANCHES

It was also agreed that the Ex Branch Vice-Chairmen to be Statutory members of Advisory Committees of branches. Olumide, lauded the suggestion saying that the Committees, will bring in their wealth of experiences. He, therefore, said that this proposal should be reflected in the Bye-law of every branch.

YOUNG LAWYERS’ CHAIRMEN

It was resolved that Young Lawyers Chairmen should be Co-opted into EXCO of the branches. Akpata said it should be reflected to accommodate young lawyer.

CREATION OF COMMITTEES

The final Issue which was not resolved was on the issue raised by Dr Obiala, that Committees should be established not only on the recommendation of the president but by National Executive Committee (National Officers). The president who didn’t find it comfortable said National Executive Council (NEC), is the ultimate body that decides who becomes a committee member or chair. He said has recommended to NEC with the active participation of the National Officers (National Executive Committee), though not all recommendations were accepted.