A significant development by the Nigerian Bar Association, NBA, has officially notified its esteemed members of the Proposed Amendments to the Constitution of the Nigerian Bar Association 2015 (as amended in 2021).

Under the able leadership of Chief Asamah Kadiri SAN, the NBA Constitution Review Committee has successfully completed its assignment and submitted the Proposed Amendments to the General Secretary, in strict adherence to the provisions of the NBA Constitution.

The Proposed Amendments are set to be tabled for thorough consideration and voting at the highly anticipated Annual General Meeting of the NBA, which is scheduled to take place on the 31st of August, 2023.

The Proposed Amendments represent an important step in shaping the governance and operations of the NBA, and the Association earnestly seeks active participation from its esteemed members in this crucial decision-making process.

To facilitate a comprehensive review, the NBA has made available the full document of the Proposed Amendments, which is attached to the notice sent to all members via email.

Adesina Adegbite, FICMC, the General Secretary of the Nigerian Bar Association, expressed warm regards to all distinguished colleagues and emphasized the significance of their involvement in this momentous undertaking.

Composition of the Representatives of the Association in the General Council of the Bar

(i) The composition of twenty (20) members representing the Association in the General Council of the Bar shall be as follows:

(a) Nine (9) Senior Members of the Association each of whom shall not be less than 25 years post-call and who shall be elected at a national election of the Association for a term of two (2) years, equally from the three zones of the Association as set out in the Second Schedule to this Constitution and shall only be eligible for re-election at a national election for another term of two (2) years.

(b) Nine (9) Members of the Association each of whom shall not be less than 10 years post-call and who shall be elected at a national election of the Association for a term of two (2) years, equally from the three zones of the Association as set out in the Second Schedule to this Constitution and shall only be eligible for re-election at a national election for another term of two (2) years.

(c) The President of the Association only during the duration of his tenure as President of the Association.

(d) The immediate past President of the Association, as an Ex-Officio member.

(ii) Qualifications for Election into the General Council of the Bar

Any member of the Association seeking election into the General Council of the Bar shall be qualified for such election if he/she:

(a) Is a full member of the Association and has paid, as at the date of his/her nomination, his/her Bar Practicing Fees and Branch Dues as and when due, for three (3) consecutive years immediately preceding the year of the election, inclusive of the year of election.

(b) Is in private legal practice.

(c) Has at any time not less than two (2) years prior to his/her nomination been a member of the National Executive Council or served as a National Officer in the National Executive Committee or served as Chairman of a Branch or Chairman of a Section or Chairman of a Forum in the Association.

NBA NEC SHALL HAVE THE ADDITIONAL POWER TO;

Investigate or appoint one or more competent persons to investigate the affairs of the Association or any of the Branches of the Association and to report to the Council or the Annual General Meeting or an Extra-Ordinary General Meeting of the Association in such manner as the Council may direct.

THE OFFICES OF ASSISTANT PUBLICITY SECRETARY, TREASURER, WELFARE SECRETARY, 1ST, 2ND AND 3RD VICE PRESIDENTS ABOLISHED. OFFICE OF THE VP CREATED.

The National Officers of the Association shall be:

The President The Vice President The General Secretary The Assistant General Secretary The Publicity Secretary

ELECTION TO THE OFFICE OF THE PRESIDENT OF THE ASSOCIATION ABOLISHED. THE VP WILL TAKE OVER AS PRESIDENT. HOWEVER, THIS PARTICULAR AMENDMENT SHALL COME INTO EFFECT AFTER 2024 ELECTIONS

Section 9 (3) (c) With respect to the office of the President, is the immediate past Vice President of the Association. FOR THE AVOIDANCE OF DOUBT, ascension to the office of President of the Association shall be by succession, save for the circumstances listed in paragraph 4, part III of the Second Schedule to this Constitution. Provided that where the office of the Vice President is vacant at the time of succession, election may be held for the office of the President. This provision shall become operative after the 2024 elections of the Association.

The Provision Regarding The Disqualification or Bar Of Members That Has Served 2 Times Reduced From 10 To 8 Years. To Have A Retrospective Effect.

The Vice President in the event of vacancy in the presidency shall act only for 45 days. A bye election shall hold from the zone of the former president and whoever wins shall only complete the remaining tenure of the former president.

The Vice president shall become president by ascension after his tenure

The President and GS Shall be a member of all Committees except ECNBA and Appeal Committee.

Executive Director shall be responsible for the day to day running of the secretariat. The GS shall have only the supervisory role while the President shall have overriding power over the secretariat.

The Executive Director will present secretariat reports.

To requisition an emergency meeting, members shall need 300 signatures from 1/3 of the branches

Five additional standing committees created

Ethics and Disciplinary Review Committee

Stabilization Fund Committee;

Secretariat Employment Relations Committee;

Remuneration Committee of the Bar;

Electoral Committee of the Nigerian Bar Association (ECNBA)

Ethics and Disciplinary Committees (Panel):

Shall be located in each State of the Federation of Nigeria and the Federal Capital Territory, Abuja.

Shall have the responsibility of investigating all cases of complaint of professional misconduct against members of the Association in the different Branches of the

Association in the State or the Federal Capital Territory or other complaints of misconduct made against members of the Association as may be referred to the Committee by the President or the National Executive Council;

Shall make appropriate recommendations on any complaint or petitions received;

Shall carry out its functions in accordance with the Uniform By-Laws for Investigation of Complaints of Professional Misconduct against Members of the Association set out in the Fifth Schedule to this Constitution.

Ethics and Disciplinary Review Committee:

Shall review the report of no prima facie case by the Ethics and Disciplinary Panels of the State in accordance with the Uniform By-Laws for Investigation of Complaints of Professional Misconduct Against Members, 2023 as set out in the Fifth Schedule to this Constitution.

Shall carry out any other function that may be assigned to it by the President or the National Executive Council of the Association.

Stabilization Fund Committee

Shall in conjunction with the professional Fund Manager to be appointed by the National Executive Council, recommend to the National Executive Council for approval, the schemes, options and entities into which the sums standing to the credit of the Fund may be invested.

Shall invest the sums in the Funds in such schemes, options and entities as approved by the National Executive Council of the Association.

Shall develop a framework to protect the Fund from being depleted.

Shall perform such other functions as may be directed by the National Executive Council of the Association.

Secretariat Employment Relations Committee;

Shall be chaired by the President of the Association,

Shall consist of Seven (7) members, comprising the President, the Vice President, and the General Secretary, as well as the Head of Human Resources Department of the Association and two other members who shall be appointed by the National Executive Council of the Association, PROVIDED that once an Executive Director is appointed for Association, he/she shall then become a member of the Appointments and Remunerations Committee.

REMUNERATION COMMITTEE OF THE BAR;

Drive and supervise the implementation of the provisions of the Legal Practitioners Remuneration (For Business, Legal Service and Representation) Order 2023, or any such remuneration order as may be made from time to time by the Legal Practitioners Remuneration Committee.

Shall receive and investigate reports of breach or suspected breach of the provisions of the Remuneration Order in line with the provisions of Orders 10, 11, 12 and 14 of

the Remuneration Order and in accordance with the Guidelines for the Committee as may be issued by the Association.

Make further recommendations for improvement of the of the earning capacity of lawyers and drive the implementation thereof.

Such other ancillary functions as may be necessary to achieve the above objectives.

ELECTORAL COMMITTEE OF THE NIGERIAN BAR ASSOCIATION (ECNBA)

There is hereby established the Electoral Committee of the Nigerian Bar Association (ECNBA) which shall be independent of the President and National Executive Committee of the Association. The ECNBA shall be made up of a Chairman, a Secretary and five (5) other members of the Association of proven integrity, who shall be appointed by the National Executive Council of the Association on the recommendation of the National Executive Committee of the Association.

The Chairman of the ECNBA shall be a Legal Practitioner called to the Bar in Nigeria and must have been qualified for a period not less than Twenty (20) years.

The Secretary of the ECNBA shall be a Legal Practitioner called to the Bar in Nigeria and must have been qualified for a period not less than ten (10) years.

The members of the ECNBA shall be responsible for the conduct of elections of National Officers of the Association and election of representatives of the Association

in the General Council of the Bar and shall subscribe to the Code of Conduct for ECNBA contained in the Second Schedule to this Constitution.

Notwithstanding anything to the contrary contained in this Constitution, the tenure of office of Members of the ECNBA shall be three (3) years and the members of the ECNBA shall be appointed in the year immediately preceding the elections into the National Offices of the Association and representatives of the Association in the General Council of the Bar.

Members of the ECNBA shall remain in office until a new ECNBA is appointed in accordance with the provision of this Constitution.

The ECNBA shall, when necessary, have and work with its own personnel in the discharge of its duties in accordance with the provisions of the Second Schedule to this Constitution.

NATIONAL ELECTIONS APPEAL COMMITTEE:

Shall receive, entertain, hear, and determine complaints, disputes, petitions, appeals and/or grievances arising from, pertaining to, in relation to, and/or in connection with the election of National Officers of the Association and the election of the Representatives of the Association in the General Council of the Bar.

Shall have the power to give such directions and interpretations to guide the conduct of the National Elections, and qualification or disqualification of candidates to participate in the National Election.

BRANCH ELECTIONS APPEAL COMMITTEES:

Shall receive, entertain, hear, and determine complaints, disputes, petitions, appeals and/or grievances arising from, pertaining to, in relation to, and/or in connection with branch elections.

Membership for requesting Branch raised from 50 signatures to 150 Signatories. Branches that fell below 150 financial members for two consecutive years will be revoked.

EXECUTIVE DIRECTORS POWERS EXPANDED

The Executive Director, working with the Head of Finance, shall:

(1) Compile a list of members who have paid or are in default in respect of their practicing fees in each year and shall, through the General Secretary, circulate such list to the Annual General Meeting, the meeting of the National Executive Council, the various Heads of Courts in the country, Corporate Affairs Commission, and such statutory bodies as may be decided from time to time by the National Executive Council.

(2) Cause to be prepared and presented to the National Executive Council at its quarterly meetings the Management Report and Accounts of the Association for the preceding quarter. The said Quarterly Management Report and Accounts shall be published and circulated to all members of the Association upon adoption by the National Executive Council.

(3) Circulate to every member of the National Executive Council the audited accounts and balance sheet for the preceding Financial Year.

(4) Submit an annual report to the Annual General Meeting to which shall be attached the audited accounts and balance sheet for the preceding Financial Year.

(5) In respect of any Election Year, in addition to the audited financial statements for the preceding year, also present to the Annual General Meeting the following financial statements and reports:

Half-Year (January-June) Audited Financial Statements; and Unaudited Management Report for the period ended one week to the date of theAnnual General Meeting. Circulate to every member of the National Executive Council the financial statements and reports specified in sub-paragraph (2) above prior to the Annual General Meeting.

Stabilization Fund

(1) There is hereby established a Stabilisation Fund for the Association hereafter referred to as “the Fund”.

(2) The sources of income for the Fund shall comprise the following:

A seed fund of N1, 500, 000, 000:00 (One Billion and Five Hundred Million Naira).

A first line charge of 10% on all incomes that accrue to the Association which shall be deducted at source and paid into the Accounts of the Fund with designated banks.

Profits from investments of sums standing to the credit of the Fund.

Interest income.

Donations

Subject to the recommendations of the Stabilisation Fund Committee and approval of the National Executive Council, the Fund shall be invested in:

Treasury Bills – 50%. Short Term Deposits – 20%. Bonds/Alternative Investments (foreign currency, real estate investment trusts and mutual funds etc.) – 10%. Equities – 20%.

Except as approved by the Annual General Meeting or Extra-Ordinary General Meeting of the Association, the moneys standing to the credit of the Fund shall not be utilized for any purpose other than savings and investments.

An approval by the Annual General Meeting or Extra-Ordinary General Meeting of the Association under subsection (4) of this section shall not be granted unless the National Executive Council presents a plan for the repayment of any sums taken from the Fund within a definite period.

The National Executive Council shall appoint a professional Fund Manager to manage the Fund.

The professional Fund Manager shall work in conjunction with the Stabilisation Fund Committee set up under this Constitution.

PROPOSED AMENDMENTS TO NBA CONSTITUTION 2015 (as Amended In 2021)