*Advises Bar members to be committed to good leadership
Warns Against Government-funded body regulating legal profession
*Urges members to report still-frozen accounts following CBN directive on court judgment on Money Laundering Act
The outgoing President of the Nigerian Bar Association (NBA), Mr. Y.C. Maikyau, SAN, delivered an extensive and emotionally charged farewell speech at the association’s Annual General Meeting (AGM).
The speech, which lasted several hours, covered a wide range of topics, including the president’s gratitude to members, his achievements during his tenure, challenges faced by the legal profession, and suggestions for the future of the NBA.
The AGM began on a controversial note when some members, dissatisfied with Maikyau’s leadership, attempted to raise a point of order. However, the outgoing president firmly shut down the attempt, asserting his constitutional authority as the elected leader of the association. “I will not allow you to do that. I will not,” Maikyau stated. “By the special grace of God, I was elected by popular vote. I am sitting here by receipt of the vote of members of this association under the constitution, and I am not mistaking whatsoever about the right that the constitution has given to me.”
In his speech, Maikyau expressed deep gratitude to NBA members for their support and love throughout his campaign and tenure. He acknowledged his humble beginnings and credited God for his achievements, including becoming a Senior Advocate of Nigeria and the NBA President. “I know where I am coming from, I know how I got here, and I am not mistaking about the fact that except for God Almighty, I wouldn’t have been here as president of the Nigerian Bar Association,” Maikyau said.
The outgoing president emphasized the importance of discipline, professionalism, and the pursuit of justice in the legal profession. He stressed that lawyers are called to a privileged profession and must act ethically and professionally at all times, as society looks up to them for direction. Maikyau also addressed the perception of lawyers’ involvement in money laundering, clarifying that contrary to popular belief, lawyers are not primarily responsible for such activities.
Maikyau highlighted several achievements during his tenure, including the issue of money laundering and the perception of lawyers’ involvement in it. He clarified that contrary to popular belief, lawyers are not primarily responsible for money laundering activities, as confirmed by the Nigerian Financial Intelligence Unit (NFIU). ”Also in the course of our engagement with them, and that is the point I made yesterday at the session where the chairman of the EFCC was present, I said to them that the Anti-Money Laundering Act of 2022 has done nothing whatsoever to that judgment. It completely did nothing. It couldn’t successfully circumvent the decision of the Court of Appeal. And we maintain that position in the course of our engagement. That is why if you check the Rules of Professional Conduct,
Chapter 2 of it, there is no mention of the Money Laundering Act of 2022. Those rules were passed last year in May. So, we didn’t reckon with them because we said we cannot bring ourselves under the oppression of that Act. The way you designated us, we are not who you have designated us. We enjoy client-solicitor confidentiality, and the root basis for that is the Constitution. So, you cannot by an Act of National Assembly take away what the Constitution has endowed legal practice with.”
”So, when you are engaging with your clients, that confidentiality is there. It is essential that it is there. That is the root cause. Well, actually, and by the precious kindness of God, one of us went to court when the Central Bank would not withdraw that instruction it gave to banks for the freezing of bank accounts and all of that. He succeeded. And they saw the judgment that came and they thought, oh, we were just playing pranks with them. So, maybe you haven’t taken note of all the things that we are telling you. This action we are talking about now isn’t the reason we are talking about it. We have been talking about it earlier. So, look at it. We haven’t shifted our position. All we want you to do is to respect our self-regulation sector.’
”We have put in place the NBA and the Money Laundering Committee. That is supposed to be the committee that will interface with law enforcement agents. They shouldn’t have anything to do with individual lawyers. That is the structure that we have put in place and it is to protect us, it is to protect our business, because once our clients know that each time they come to us to give us a briefing, and we take information from them, they won’t come to you. They won’t come to us. And that is not even
defensive. It offends the provisions of the Constitution. And we stood our ground on that. And with this recent judgment, they have no option but to look the way of strengthening this self-regulatory sector of the Nigerian legal profession he concluded”
Futhermore, Maikyau revealed that following his letter to the new Central Bank of Nigeria (CBN) governor, Yemi Cardoso, the governor instructed the unfreezing of law firm accounts that had been suspended. The NBA president urged any affected members to reach out if their accounts were still frozen.
As he concluded his speech, Maikyau reiterated the importance of justice as the foundation for the existence and prosperity of the people, quoting Sheikh Mustafa al-Ghoghi. He emphasized that lawyers, as agents of justice, have a crucial role to play in rendering justice to society.
Meanwhile, Y.C. Maikyau, SAN, also addressed crucial issues facing the legal profession, including the regulation of the profession and the NBA’s international engagements.
Maikyau revealed that the NBA has been actively fighting against the regulation of the legal profession by the body of benchers . He stated that the incoming president is aware of the ongoing meetings and discussions with the Attorney General and the chairman of the body of benchers, Chief Awomolo, to address this matter.
The outgoing president firmly asserted that the NBA will never allow the body of benchers to regulate the legal profession in Nigeria, as it would compromise the independence of the profession. “You cannot be receiving money from the government to run your association and want to regulate the legal profession, both the court and lawyers,” Maikyau emphasized.
Maikyau also touched upon the proposed amendments to the Legal Practitioner Act, which aims to maintain the primary responsibility of calling persons to the bar while assigning the regulation of the legal profession to other agencies, such as the National Judicial Council (NJC) and the NBA.
The outgoing president highlighted the efforts of the remuneration committee, chaired by the incoming president, to create wealth for lawyers by standardizing fees. He encouraged lawyers to view the remuneration order and the rules of professional conduct as instruments to ensure fair compensation for their services.
Maikyau expressed gratitude to Mr. Gideon Ogundipe and Mr. Ernest Ojukwu for their tireless efforts in drafting documents and interfacing with law enforcement agents to establish guidelines for self-regulation within the legal profession.
On the international front, Maikyau shared his experiences from a tour of international courts, including the International Court of Justice, the International Criminal Court, and the Permanent Court of Administration. He noted the need for Nigerian lawyers to pay attention to these areas and raise colleagues within the system to benefit the profession and the country.
The NBA signed a Memorandum of Understanding (MOU) with the African Institute of International Law at The Hague and participated in workshops and seminars in Arusha, Tanzania. Maikyau emphasized the importance of equipping Nigerian lawyers with expertise in international law to effectively represent the country’s interests.
The outgoing president also highlighted the historic collaborations between the NBA, the National Judicial Council, the Chief Justice of Nigeria, and the Attorney General of the Federation in the Justice Sector Summit. This event brought together the three arms of government to discuss far-reaching recommendations for judicial reform, including the decentralization of powers of the Chief Justice of Nigeria and the standardization of the appointment and discipline of judicial officers.
Maikyau concluded his speech by expressing gratitude to the members of the NBA for their support and the opportunity to serve. He assured them that he would share his full address, which would be lengthy, with the members either that night or through the incoming president, Mazi
Afam Osigwe, SAN.
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