THE MANIFESTO OF AFAM JOSIAH OSIGWE, SAN FOR THE OFFICE OF THE PRESIDENT, NIGERIAN BAR ASSOCIATION (NBA): 2024- 2026
A PROACTIVE BAR – IDENTIFYING PROBLEMS, ANTICIPATING CHALLENGES, DELIVERING SOLUTIONS
My Vision
My Mission
A Vision for Progress and Integrity
Introduction
In the pursuit of justice and the advancement of the legal profession, it is imperative that we, as members of the Nigerian Bar Association, embrace a proactive approach to address the evolving challenges facing our profession and the judiciary. As a candidate vying for the well-regarded position of the President of the Nigerian Bar Association, I am committed to leading a proactive Bar that will ensure The Bar is properly placed in nation-building and observance of the rule of law. A thriving nation/society cannot but be built on the observance of the rule of law.
As society evolves, so also do the challenges and opportunities. The various challenges encountered by the Bar and the Bench in the execution of their duties have continually posed a threat to the rule of law. The Association and the society at large needs a proactive Bar that anticipates challenges, identifies problems, and delivers/proffers incisive, swift, effective, and efficient solutions. Whether it be systemic issues within the legal profession, obstacles hindering the administration of justice, or emerging trends impacting legal practice, the Bar must remain vigilant, responsive, responsible, constructive and forward-thinking.
My dear colleagues, under my leadership, the NBA will not turn a blind eye to existing fundamental problems hampering the progress of the legal profession and the judiciary. The Bar will be vibrant, speak, act, and constructively engage necessary stakeholders. We will keep the members of the Bar informed on salient issues and carry them along in issues that affect the practice and their welfare. I shall effectively consult, have a good listening ear and capably represent the interests of the members of the Bar. Indeed, I will ensure that all the branches are effectively represented in the affairs of the NBA.
I will proactively address issues affecting the different cadres of legal practitioners, particularly by developing programs that meet the expectations of lawyers and address the grievances of the teeming number of lawyers who join the profession every year. While I acknowledge the pressing issues facing our profession, like access to justice, fair compensation for legal services, judicial reforms, and the promotion of ethics and integrity within the legal community, etc., I will ensure our proactive Bar will take decisive actions to confront them head-on and work tirelessly to implement meaningful reforms and initiatives that drive positive change. Please join me in building a proactive Bar that stands as a beacon of justice, excellence, and progress as outlined in this manifesto.
My manifesto is designed to address the comprehensive needs of the NBA and can be grouped under three broad thematic areas:
- Enhancing Member Welfare and Development
- Reinvigorating Public Confidence in the NBA.
- Strengthening Institutional Structures and Efficiency
Together, these themes form a cohesive plan to elevate our profession and our association.
Welfare Of Lawyers
The Bar shall continue to promote and protect the interest of lawyers, who are our primary constituency, guard the observance of constitutional rule, and ultimately advance the welfare of lawyers and the citizenry through the instrumentality of the law.
We will partner with donors to ensure the creation of an Endowment Fund for legal education. Law teachers shall be funded to do research that will help the development of the justice sector, constitutionalism in Nigeria, and academic advancement.
We will sponsor training and conferences to promote legal education and mentorship programs for lawyers.
We shall assiduously work to optimally raise and maintain personal, professional and institutional dignity, build confidence, improve access to justice, ensure security, provide training for emergent skills and technologies, provide requisite infrastructure, reduce corruption and contribute to the growth of the nation’s economy.
We shall use part of the Annual Practicing Fees for the provision of a free online library or resource for lawyers.
Annually set aside money in a Welfare/ Legal Education Fund as well as partner with donors to ensure there is adequate funding for Continuing professional development for lawyers.
Utilize litigation and advocacy to ensure non-legal practitioners are precluded from the legal services industry.
Protect the legal industry in Nigeria from the influx of foreign law firms and practice by non-law firms.
Strengthen the Human Rights Committee of NBA by establishing a Human Rights Attorney Support Network which will act as a Rapid Response Team whenever the rights of a lawyer are threatened or violated.
Deepen the range of benefits enjoyed by lawyers for paying the Annual Practicing Fees. Particularly, negotiate and secure discounted rates for lawyers in hotels, airlines, restaurants and major businesses.
Continue and actualize the proper placement of lawyers in police and other security agencies into the appropriate officer cadre.
Every lawyer in all spheres of practice will be carried along and benefit from welfare packages available to lawyers such as NBA-NHIS GIFSHIP and the NBA life assurance scheme. Lawyers in the public and private sectors will enjoy the benefits of being a lawyer in Nigeria.
Ensure total compliance with the Legal Practitioners Remuneration (for business, legal service, and representation) Order, 2023 to ensure the adequate remuneration of lawyers.
Propose Constitutional amendments to enable ten (10%) per cent of the Annual Practicing Fees due to Branches to be paid at the end of March by immediate Direct Debit into Branch Accounts.
Propose Constitutional amendments to increase the Branch’s share of the Annual Practicing Fees from 10% to 20% and for payment of the 10% increase into a dedicated branch welfare Account (Branch Welfare Fund) strictly for the welfare of the members and not for the administration or running of the branch.
In all our welfare initiatives, we will prioritize the needs of our colleagues with disabilities and senior citizens. We will advocate for enhanced inclusivity within the courts and other related agencies that they interact with.
Elevating The Welfare of Young Lawyers
Advocate for policies that promote fair compensation and benefits for young lawyers, ensuring their contributions are recognized and valued.
Advocate for policies that promote work-life balance and flexibility, recognizing the importance of holistic well-being in sustaining a successful legal career.
Collaborate with law schools and legal institutions to enhance practical legal training, bridging the gap between academic learning and real-world practice.
Establish a dedicated support network for young lawyers, providing resources for mental health and well-being, including counselling services and stress management workshops. This will be done under the leadership of the YLF.
Establish a pilot co-working space scheme in Lagos and Abuja for young lawyers who want to start up their practice, but cannot afford an office space.
Explore employment opportunities for young lawyers as Research Assistants to Judicial Officers.
Advocate for strict adherence to the provisions of the Police Act which provided that each Police Divisions in Nigeria must have assigned to them at least a Police Officer who is a Legal Practitioner in line with Section 66 (3) of the Police Act 2020.
Deploy the NBA Budget on legal missions, enabling and preparing young lawyers for the future through foreign exchange programmes and programmes that promote the rule of law in Nigeria. This will be achieved easily through partnerships with law firms, civil society organisations, donor organisations etc.
Human Capital Development
Enhance and improve the skills, knowledge, abilities, and overall potential of lawyers.
Creation of a Pro Bono Trust Fund from which lawyers who administer the NBA Prison Decongestion program will be paid a fair and reasonable sum for court appearances.
Establishment of a “Law Firm Pro Bono Scheme” for law firms to assent to and become signatories. The signatory law firms will commit to spending whatever percentage of their total billable time to pro bono work.
Provide opportunities for lawyers especially young lawyers to periodically undergo Continuing Professionals Development provided by the Association, for higher standards and an ideal level of professionalism.
Ensure lawyers play a significant and independent role in the administration of justice as well as ensure lawful compliance by persons and entities involved in governmental, commercial, financial and socio-economic activities.
Encourage continuing legal education and ensure that members of the Bar are seasoned, competitive and highly compliant in the fast-changing and globalizing legal practice of today.
Support mentorship and pupillage in the early stages of legal professionals to help mould more entrepreneurs in the legal industry.
Continuing Professionals Development (CPD)
Make rules regulating the operation of the mandatory Continuing Professionals Development (CPD) Programme operated by the Association.
Actively set qualification criteria for service providers for the mandatory Continuing Professionals Development (CPD) Programme operated by the Association as well as actively licensing such service providers.
Review the Continuing Professionals Development (CPD) Programme operated by the Association to enable participants to undertake online training in modules, with provision for a computer-based test at the end of each module or session of the programme.
Introduction of the NBA hands-on training, in which willing young lawyers are paired with experienced lawyers to take up pro bono cases. This will serve as a direct training process for young lawyers and also enable the NBA to take on more pro-bono cases.
Institutionalise and reform of the NBA Journal.
Liaise with CITN, ICSAN, BRIPAN, and other relevant stakeholders to review the qualification requirements for lawyers, and organise training sessions in preparation for lawyers planning to take up their membership exams.
Advocate for law firms, government agencies and organisations to have a learning and development plan for lawyers for the year.
Organise specialised training sessions for lawyers in collaboration with stakeholders like WIPO, ICMC, and CIArb.
Be at the forefront of the mandatory acquisition of IT skills by Lawyers, Judges, Litigants, Court Officers (i.e. clerks, registrars) and other stakeholders.
Provide support for Branches to organize quarterly Continuing Legal Education programmes.
Legal Education
Formulate and present the NBA position on the reform and development of legal education in Nigeria.
Drive a review of curricula in Law Faculties
of Nigerian Universities and the Nigerian Law School to bring them in line with international standards.
Propose criteria for employment of law lecturers and retraining program for Law lecturers.
Push for an improvement of infrastructural conditions in the Nigerian Law School campuses.
Develop a program to have practising lawyers actively involved in taking several courses at the Nigerian Law School and Faculties of Law.
Sponsor training and conferences to promote legal education and mentorship programs for law students.
Conferencing and other NBA Programs
Make investments that will ultimately earn money for the NBA as well as provide for the increasing number of lawyers who attend the Annual General Conference.
Ensure the lettable spaces in the NBA House are put to use to generate revenue for the Association.
Broaden the pool of members that will organize NBA Conferences.
Ensure that speakers and discussants at NBA Conferences are drawn from a wide pool of experts within and outside of Nigeria.
Sustain the saving of a percentage of the money realised from the Annual Practicing Fees in the NBA Stabilization Fund.
Continue to provide soft loans to members who apply for same.
REINVIGORATE PUBLIC CONFIDENCE IN THE NBA
The Human Rights Institute and Public Advocacy
Strengthen and reform the NBA Human Rights Institute (HRI) to be more proactive and effective.
Direct branches through their respective Human Rights Committees to undertake quarterly visitations to the Police, Correctional Services, State Security Services (SSS) and Joint Task Force (JTF), to uphold their mandate.
Offer pro bono legal services for human rights enforcement for indigent persons. This will provide a stock feed for the CLE training session.
Set up a standing Litigation Committee that will institute actions in respect of alleged human rights violations as well as other matters of public interest to the legal profession. This committee will also work with the human rights committee of Branches to render pro bono services to deserving members of the public and also take requisite legal actions where lawyers have been assaulted, harassed or prevented from carrying out their lawful duties.
Promote Human Rights initiatives and public interest support and litigation by Branches.
Reposition the NBA- Security Agencies Relation Committee to uphold its mandate of ensuring effective collaboration between the Association, its members and Security agencies.
Anti-Corruption Commission
We will join in the fight to tackle the menace of corruption by liaising with the Office of the Attorney-General of the Federation, EFCC and ICPC. We shall strengthen the Anti-Corruption Committee consisting of seasoned lawyers of integrity to collaborate with the stated offices.
As an Association, we will work through the Anti-Corruption Committee to liaise with the appropriate government agencies including but not limited to the Police, SSS, EFCC, and Army to arrest the challenges of terrorism, money laundering, and other financial and economic crimes. We shall not hesitate to counsel and prosecute offenders on pro bono basis.
Drive Anti-Corruption advocacy, monitoring and reporting
Enhancing the Role of the Bar in Nation-Building
Exercise the power of the NBA to fight corruption and play a lead role in entrenching cleaner practices and business transactions.
Work internationally to open up legal markets to members and defend human rights while supporting members with opportunities in the domestic legal market.
Positively project the image of our profession by fostering relationships that will represent the true position of things in the legal industry
Campaign on legal issues of importance to members of the legal profession and the public.
Develop business opportunities for legal practitioners.
Restructure the training of lawyers.
Improve access to justice by developing the courts to be user-friendly, disposing of cases promptly and putting in place measures that ensure quick dispensation of justice without resorting to technicalities or time-wasting.
Grow independent revenue sources which will improve the independence of the Bar and the legal profession.
Establish an Internship Programme to encourage young or aspiring lawyers to acquire threshold introduction into the legal profession through organized mentorship programmes.
Discipline
Advocate for the amendment of the Legal Practitioners Disciplinary Committee, Rules, 2020 to fully restore the role and power of the NBA in the investigation of complaints of professional misconduct against legal practitioners.
Establish disciplinary committees across all branches to monitor the compliance of lawyers with the dress code, conduct and activities in courts.
Prioritise disciplinary proceedings to ensure that petitions against lawyers are expeditiously determined.
Pursue an aggressive awareness campaign to draw attention and remind members of compliance and infraction issues.
Enhance self-regulation of Lawyers by the NBA as part of her disciplinary mechanism.
Judicial Reform
Advocate for full compliance with the constitutional provisions for financial autonomy of the Judiciary. Under my leadership of the NBA, all branches shall champion the advocacy for the financial autonomy of the Judiciary within their jurisdiction.
Invest in modernizing court infrastructure, including the construction and renovation of selected court facilities to provide conducive environments for the dispensation of justice.
Advocate for the improvement of the professionalism of judges.
Propose amendments to existing legislations and rules for effective justice delivery.
Advocate for prompt passage of Justice Sector Reform Bills pending before the National Assembly.
Propose Judicial Reform in the following areas (Case Management and scheduling with time slots, notification to Lawyers of adjournments, enforcement of the use of NBA email address in the filing of all processes, and customised email address for all court registries).
Support continuous education and training programs for judges, lawyers, and court staff to keep them abreast of evolving legal principles, best practices, and technological advancements in the field of law.
Foster collaboration with academic institutions and professional organizations to develop specialized training modules on judicial ethics, case management, and legal research skills.
Establish a Judicial decision review committee for quarterly review of court decisions and publication of a quarterly Juridical Review of such judgments together with the Association’s position on how to resolve any observed conflicts.
Voice of the Nigerian People
The Association is a strategic one in the polity of the country. As watchdogs, we will watch events in the polity, comment critically on the same, proffer advice/solutions and render legal services and assistance where necessary.
We will shape opinions and influence decisions that will improve the administration of justice, reform the judiciary, and engender due process of law.
Under my leadership, the NBA shall be vocal and constantly speak up on issues affecting the legal profession and the administration of justice. The NBA shall constructively engage with the various tiers of government and other stakeholders by presenting proposals and blueprints for dealing with all such issues.
The NBA shall maintain its leading role in matters of public interest and engage in ‘Rule of Law’ advocacy.
Organize workshops and seminars on constitutionalism and Human Rights.
STRENGTHENING INSTITUTIONAL STRUCTURES AND EFFICIENCY
Digitalization of the Bar
Work with the National Judicial Council (NJC) and Heads of Courts to ensure effective utilization of the Legal Mail project initiated by the NJC as well as work for the commencement of electronic filing and payment platforms for all superior and appellate courts in Nigeria to end the unnecessary costs, delays and inefficiencies encountered in filing processes in our courts.
Push for amendment of various laws and court rules to accommodate electronic methods in conducting activities in courts: filing and services of processes as well as hearing of matters and applications. A lot can be learnt from South Korea and other developed countries which have fully embraced the electronic method.
Work with the National Judicial Council (NJC) and Heads of Courts to put in place Case Management Systems (CMS) across all courts of records in Nigeria. The manual operations in our courts, and premeditated disdain for digitization by judicial officers, court officials and lawyers do not engender efficiency, responsiveness, accountability and transparency, which digitalization will infuse into the system.
Licencing And Annual Practice List
We shall ensure compliance with Rule 12(1), Rules of Professional Conduct for Legal Practitioners, 2023 by publishing not later than a date in every year specified by the Nigerian Bar Association (i) a list of legal practitioners who have complied with the requirements of the Continuing Professionals Development Programme and have paid their Annual Practicing fees and are, therefore entitled to practice as legal practitioners in that year; and (ii) issue a practicing certificate to a legal practitioner whose name is on the Annual Practicing List, certifying that he/she has paid his Annual practicing fees for the specified year and that he/she has also fulfilled the requirement of the Continuing Professionals Development Programme for the year under the rules made for the purpose by the Association.
Make sure that only lawyers who in addition to payment of their Annual Practicing Fees, have fulfilled the requirement of the Continuing Professionals Development Programme for the year under the rules made by the Association, are licenced to practice law in Nigeria.
Reform of the Secretariat, Organs and Structures of the NBA Secretariat
Implement the reports on secretariat reforms.
Professionalise and reposition the Secretariat to better serve lawyers.
Ensure continuous training of Secretariat staff.
Ensure effective operation of all Secretariat Directorates.
Adopt and implement transparent procurement and financial systems for secretariat operations.
Put in place online help centres that will aid in providing answers to frequently asked questions.
National Executive Committee (NEC)
Discussions at NBA NEC meetings shall be detailed and business-like to ensure that decisions taken reflect the will of the majority.
Reports from Branches and written proposals from NEC members shall be given priority at all NEC meetings.
NBA Representatives to any Board, Commission, Committee or other Body shall present periodic reports to NEC.
NEC Members shall vote where there is absence of consensus on any issue.
All NEC decisions will be made available on the NBA website, within 48 hours from the conclusion of the NEC meeting and the same shall be sent to all members of the NBA.
Promote female representation in the National Executive Committee of the NBA.
Branch Chairmen and NEC members will be fully involved in the formulation and implementation of NBA Policies.
National Executive Committee (NEC)
Discussions at NBA NEC meetings shall be detailed and business-like to ensure that decisions taken reflect the will of the majority.
Reports from Branches and written proposals from NEC members shall be given priority at all NEC meetings.
NBA Representatives to any Board, Commission, Committee or other Body shall present periodic reports to NEC.
NEC Members shall vote where there is absence of consensus on any issue.
All NEC decisions will be made available on the NBA website, within 48 hours from the conclusion of the NEC meeting and the same shall be sent to all members of the NBA.
Promote female representation in the National Executive Committee of the NBA.
Branch Chairmen and NEC members will be fully involved in the formulation and implementation of NBA Policies.
NBA Representatives
All appointments as NBA Representative on any Board, Commission, Committee or other Body are to be made in consultation with Branches and stakeholders.
All NBA representatives to the Federal Judicial Service Commission (FJSC), National Judicial Council (NJC), Council of Legal Education, Legal Aid Council of Nigeria, Human Rights Commission, Corporate Affairs Commission, etc., must present periodic reports to NBA NEC.
Appointments into NBA Committees will be inclusive so that innovation and progressive ideas of our female and young colleagues, in-house counsel and lawyers in public service, and colleagues with disabilities who are not presently involved and or integrated into the activities of the Association, are integrated.
Ensure that the leadership of NBA Committees include at least twenty Percent (25%) of female lawyers, young lawyers, in-house counsel and lawyers in public service to deepen their participation.
Ensure that membership into committees and statutory bodies will be evenly and fairly spread amongst Branches to avoid cronyism and parochialism.
NBA Sections and Fora
Promote synergy between NBA Sections, Fora and NEC.
Encourage membership of at least one section or fora by members of the NBA.
Propose the creation of additional Sections and Fora.
At the last NEC meeting for the year, all sections, forums and bodies within the NBA, must submit a detailed report of their activities and plans for the year, particularly detailing events, activities and initiatives targeted at young lawyers and persons with disabilities.
Accountability and Transparency
We shall see to the affairs of the society transparently in deference to the rules, regulations and bye-laws of the association. Most importantly as it relates to capital projects, contracts and procurements, it will be done in deference to due process of law. Members shall regularly and most suitably on a monthly basis, be furnished electronically with the financial position and accounts of the Association.
Adoption of policies on such issues as equal opportunities and sexual harassment or conflicts of interest.
Define a vision or programmatic agenda that offers growth, value-added or a competitive existential or professional edge to members of the NBA as well as effective platforms for the involvement of members outside Bar politics.
Insulate the NBA secretariat and its staff from electoral and political processes by ensuring clear and proper contracts for all staff of the NBA, clear and measurable processes and indices for staff remuneration and promotion.
Some level of programming autonomy for the secretariat to ensure continuity of programming and also build confidence within the funding and philanthropic communities, and continuity of both memory and programming irrespective of change of regimes in the NBA.
Professionalize the NBA Secretariat to guarantee effective planning, management, and continuity in programming, to provide services and standards of the highest quality, preserve the legacies of successive Bar administrations and act as the memory and archives of the Bar.
Progressively grow the programming, service delivery and revenue potentials of the NBA into the foreseeable future.
Provide a unifying promise of professional growth or edge by defining a value proposition for our members and, in the Secretariat, evince a programming capability to ensure the realization of this promise.
Strengthening Branches
Reinstatement of the payment of an additional 10% of Annual Practicing Fees paid by lawyers in each branch into a dedicated Welfare Account (Branch Welfare Fund) strictly for the welfare of the members and not for the administration or running of the branch.
Ensure that laws are respected at the branches and that tenets of democracy are upheld at all times.
Non-interference in the management of branches.
NBA Legacy Projects
NBA Exhibition Hall: The Nigerian Bar Association Exhibition Hall will serve as a cornerstone in the proper documentation and preservation of the history, achievements, and milestones of our esteemed association, and the legal profession.
NBA LIBRARY: The Nigerian Bar Association Library (NBA Library) is envisioned as a comprehensive legal resource centre that will serve as a repository of knowledge for legal practitioners, students, and researchers across Nigeria.
Honouring and immortalizing past leaders of the Bar by naming specific places in NBA buildings after them.
NBA Conference and Event Center: The Nigerian Bar Association (NBA) Conference and Event Center is envisioned as a state-of-the-art facility dedicated to serving the diverse needs of the legal community in Nigeria. This centre will host conferences, seminars, workshops, and various legal events.
CONCLUSION
My vision for the Bar is beyond rhetoric; it’s about action. As I conclude this comprehensive manifesto for the office of the President of the Nigerian Bar Association under the banner of “A Proactive Bar – Identifying problems, Anticipating Challenges, Delivering Solutions,” we embark on a journey of transformation, innovation, and unwavering dedication to the cause of justice.
In the spirit of unity, resilience, and progress, let us forge ahead with determination and purpose, knowing that our collective efforts will pave the way for a stronger, more resilient legal community and a society founded on the principles of justice, equality, and the rule of law.
I recognize that our profession stands at a critical juncture, facing multifaceted challenges that demand decisive and forward-thinking leadership. Therefore, I pledge to lead with integrity, transparency, and a steadfast commitment to the welfare of our esteemed members and the principles that underpin our noble profession.
This manifesto outlines a bold agenda that addresses the pressing needs of our legal community, from revitalizing legal education and enhancing continuing legal education programs to championing the welfare of both seasoned practitioners and young lawyers. I commit to the advocacy for judicial reform, enhanced public confidence in the legal system, and the promotion of the rule of law.
Together, let us pioneer a proactive path forward; transform challenges into opportunities and realize the full potential of the Nigerian Bar Association as a beacon of excellence, integrity, and progress for generations to come.
“The Proactive Bar” needs the support, involvement and commitment of all her members, to realize the Bar of our dreams:
- A Bar where every member can achieve and maximize his/her great potential.
- A Bar where the strong help the not-so-strong.
- A Bar where deep care and attention are given to the young lawyers who are the future of the profession;
- A Bar where those who dare, win;
- A Bar where no man is despised;
- A Bar where those who are dedicated to the actualization of their dreams receive a befitting recompense for their efforts;
- A Bar where any lawyer can use the power which lies within him/her to be a person of destiny;
- A Bar dedicated to improving access to justice.
We are better persons because we have each other. Together we can achieve these laudable objectives. Together we will.
It is in the light of the above, that I respectfully bring to your attention this humble desire of mine to be elected as the President of the Nigerian Bar Association for the years 2024-2026. I therefore earnestly solicit your support in every ramification, as I seek to take on this mandate to pilot the affairs of our beloved Association.
Mazi Afam Osigwe, SAN, LL.M(Jos) LLM (Lazarsky) FCIArb (UK)