1. INTRODUCTION: The National Executive Committee of the Nigerian Bar Association met at Dankani Guest Palace, beside Sokoto Guest Inn, Dankani Garba Duba Road, Sokoto. At the end of the meeting, NEC resolved as follows:
2. HALLIBURTON SCAM: NEC restates its call for full probe and revelation of those involved in the Halliburton scam in the interest of good governance. The NEC views as diversionary the decision of the Federal Attorney-General to constitute a legal team to sue for the defamation of the Federal Republic of Nigeria instead of facing the real issue;NEC calls on the Attorney-General of the Federation & Minister of Justice to realise his position as the official leader of the Bar in Nigeria and desist from constituting a cog in the wheel of the crusade against corruption, which has not only demystified the office of the Attorney-General but has embarrassed the entire Bar;
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3. PRISON DECONGESTION BRIEFS: NEC also decried the corruption & malpractices inherent in the so-called Prison decongestion briefs at the Federal Ministry of Justice and calls on the Attorney-General of the Federation to put his own house in order;
4. EKITI STATE GOVERNORSHIP RERUN: NEC noted that the committee recently set up by President Umaru Musa Yar’Adua to probe electoral & other irregularities in the election rerun in Ekiti State is diversionary & unnecessary. This will serve no useful purpose. The security apparatus should be allowed to carry out their lawful duties in the arrest & prosecution of the perpetrators of the crimes in the face of the glaring and self-evident crimes committed during the said rerun;
NEC therefore calls on the President to cease from political interference amounting to a form of gerrymandering and allow the prosecution of offenders; NEC calls on the National Assembly to ensure the adoption of the Justice Muhammadu Lawal Uwais
electoral report as a lasting & progressive bulwark against the kind of abuses seen in Ekiti State governorship rerun;
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5. CONFLICTING DECISIONS OF THE COURT OF APPEAL: NBA continues to view as troubling, inconsistencies in the decisions of the various divisions of the Court of Appeal particularly, but not limited to Ibadan, Benin City & Abuja on electoral disputes and calls on the Honourable Justices of the Court of Appeal to be abreast with decisions from other divisions before making pronouncements so as to avoid eroding the confidence of the public in the judiciary;
6. KIDNAPPING & GENERAL INSECURITY: The NBA condemns the rising spate of kidnapping & general insecurity in the country and attributes same to the failure of government in the area of providing employment opportunities for the youths of this country. However the NBA also frowns at the hurried passage of bills in various States introducing the death penalty for kidnapping and notes that this has a potential of hardening the kidnappers to kill their victims. In this regard, NBA calls on the various States’ governments to take a second look on death sentence for kidnapping;
7. STATES’ POLICE: The NBA views with great concern the rising spate of insecurity, NBA agrees with the United Nations’ prescription of One Million Policemen for a population of One Hundred & Forty Million Nigerians and observes that the imperative of States’ Police has become increasingly inevitable in Nigeria to supplement and complement the Federal Police;
8. GENERAL INFRASTRUCTURAL FAILURE IN NIGERIA: NEC Is terribly disturbed about the general failure in governance orchestrated by decay in infrastructure particularly Federal roads. NEC calls on the newly constituted FERMA board to awaken to the task of rehabilitating Federal roads. Other areas of infrastructural failure of note are the Power & Education sectors;
9. FUEL SCARCITY: The NEC calls on the Federal government to tell the nation the truth about the lingering & shameful fuel scarcity and further calls on President Umaru Musa Yar’Adua to show statesmanship by lifting the veil on the so-called cartel behind the fuel crisis;
10. FRIVOLITY IN GOVERNMENT: While conceding President Yar’Adua’s entitlement to his privacy, NEC is not unaware that public service introduces a certain degree of loss of privacy and is therefore concerned about the distraction the ostentatious marriages of the President’s daughters as wives of sitting State Governors has caused. The attendant wastage of State resources inherent in government business being stopped as governors and captains of State invest heavily in these weddings through their presence, time and other resources is condemnable;
11. DISCIPLINE OF LAWYERS IN GOVERNMENT DEPARTMENTS & AGENCIES: NEC resolved to use its disciplinary apparatus upon petitions from aggrieved members, to henceforth discipline its members in the Police, INEC, EFCC, Ministries & departmental agencies who, acting in unethical and unprofessional manner, aid and abet breaches of the Rule of Law;
12. THE JUDICIARY:
(i) APPOINTMENT OF JUDGES: NEC objected to the demystification of the Judiciary by the new convention of asking persons to apply for appointment as judicial officers. NEC therefore urged a return to the convention of identification of suitable persons for appointment to the judiciary. In this regard, NEC reemphasised the imperative of strengthening the judiciary by making direct appointments from the Bar to the Appeal & Supreme Courts;
(ii) ORDERLIES FOR JUDGES: NEC viewed with increasing incredulity the selective implementation of the Federal Executive Council removing Police orderlies from Judges and resolved that our branches should withdraw their services from the courts ad infinitum in States where the directive is implemented;
13. KWARA STATE CHIEF JUDGE: NEC commended the unparalleled heroism exhibited by the Ilorin Branch of the Association in defence of the Rule of Law and upholding the integrity & independence of the Judiciary not to mention deserved respect for the Bar. NEC however notes the removed Chief Judges’ rights to ventilate her grievances in court and urged all the parties involved in the Ilorin situation not to do anything tantamounting to foisting a fait accompli on the courts;
14. PRO BONO HUMAN RIGHTS DECLARATION: NEC ratified the pro bono declaration as presented by the NBA Human Rights Institute and made imperative the handling of pro bono cases by members of the Bar. NEC also approved the Rule of Law Action Group & NBA Human Rights Institute’s proposed summits;
15. INCLUSIVITY & ZONING OF NBA OFFICES: NEC adopted the report of the Alhaji Abdullahi Ibrahim (CON; SAN) committee on inclusivity & zoning of NBA offices and stepped down discussion on the matter to the next NEC in July 2009 at Port-Harcourt to give all branches opportunity to consider & make input into the far-reaching and fundamental changes proposed by the committee;
16. 2009 NBA ANNUAL GENERAL CONFERENCE: NEC adopted the proposal of the Conference Planning Committee to hold the conference from the 17th – 21st August 2009 at Lagos in deference to Ramadan fast which will be commencing during the usual conference week, the last week of August 2009. NEC approved the theme of the conference which is: UNDERDEVELOPED NATIONS, FAILED ECONOMIES & THE FUTURE OF THE LEGAL PROFESSION;
17. NBA NOMINEES INTO THE NATIONAL JUDICIAL COUNCIL:
NEC reaffirms its earlier decision at Oshogbo NEC that automatic reappointment of NBA nominees into the National Judicial Council (NJC) by the Chief Justice of Nigeria for a further term of two years without the input of NEC-NBA contradicts the Constitution of the Federal Republic. NEC however for the last time mandated the National Officers of the NBA to constructively dialogue with the Honourable The Chief Justice of the Federation; failing which, the Legal action commenced by the NBA should proceed full throttle; Finally, NEC reasserted that it is a matter of honour and respect for the Bar for the three members of the Bar, whose appointments were effected for a further term of two years without approval of the Bar to step aside having been sent to the NJC originally by the Bar;
18. GRATITUDE TO SOKOTO STATE GOVERNMENT & THE SULTANATE:
NEC acknowledges and expresses its gratitude to the Executive Governor of Sokoto State Alhaji (Dr) Aliyu Magatakarda Wamakko for the unparalleled support of his government towards the successful hosting of the meeting and notes with delight his full involvement in the organisation, execution and participation in all the events. NEC also expressed its gratitude to the Sultan of Sokoto Alhaji Muhammad Sa’ad Abubakar III (CFR; mni) and the Sultanate Council for hosting the Bar to a lunch treat and reception in his palace.
DATED AT SOKOTO THIS 15th DAY OF MAY 2009
Murtala Abdul-Rasheed, Esq.
National Publicity Secretary
Nigerian Bar Association
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