By Oliver Omoredia.

I am appalled at the recent unnecessary attention the media is giving to the formation of one unregistrable group purporting to ‘divide’ the NBA.

It is sad that even as lawyers, tribalism holds a premium place in our decision-making considerations!. There have been documented rumours that two groups intend to split the Nigerian Bar Association along ethnic lines – one from the North East (comprising of those who believe El Rufai’s disinvitation as a speaker at the NBA conference is enough reason to divide the NBA), and another from the Southwest (comprising those who lost at the NBA national elections and cannot accept it). One of the groups has even had the effrontery to prepare a letter to the Attorney General of the Federation, perhaps in a bid to invoke his ethnic sentiments as well.

With the above as background, let me just say: Lawyers have a right to associate for the promotion of a comment interest. The right to freedom of association is a constitutional right and lawyers can associate along ethnic, religious, practice area, status, age, beauty, or any other lines! However, none of these associations will displace, divide or dis-empower the NBA as the professional regulatory body. The attention given to the notion that the associations springing-up would divide the NBA is highly misplaced because they cannot! Statements by the unknown and unregistered groups are of no moment in changing this!

It is firmly entrenched in our legal jurisprudence that lawyers are automatic members of the NBA and the only way out of the NBA is to not be a lawyer! Membership is automatic as long as you are a lawyer! See. B.A. v. KEHINDE (2017) 11 NWLR (PT 1576) 225 AT 250 -251 paras H- A.

In CHINWO v OWHONDA (2008) 3 NWLR (Pt. 1074) 341, at 361, the appellate court held as follows:

”The appellant was not compelled to take up the profession of law and its attendant compulsory membership of the Nigerian Bar Association. However, once he made the choice to study and practice law and thereby placing his name on the roll of honour of belonging to the profession, he stands bound by the internal rules and regulations of the Association. There would therefore be no issue of a breach of the Constitution of the country if the rules demand of him, UNDIVIDED LOYALTY”.

The Legal Practitioners Act, which is the same law that makes us lawyers, has firmly established the eminence of the NBA as an apex regulator of the profession. In Gani Fawehinmi v. Nigerian Bar Association & Ors (1989)2 NWLR (pt.105) 558 at p.628, paras. G-H, the Supreme Court per Obaseki J.S.C noted that: ‘The Constitution of the Nigerian Bar Association…was accorded its due superior position by the Legal Practitioners Act, 1975 in the conduct of the affairs of the Nigerian Bar Association by the General Council of the Bar.’

Furthermore, I have noted that one of the DOA Associations is purportedly called the “New Nigerian Bar Association”. A student in law school can tell if this name will be registrable by the Corporate Affairs Commission and the point is not worth discussing.

Conclusively:

1. Every lawyer in Nigeria is subject to only one association, the Nigerian Bar Association. As long as you are a lawyer you are a member and subject to its regulations. Our dislikes or dissatisfactions notwithstanding, as lawyers we are automatic members! Perhaps this realisation will make us give better attention to the Association as we step forward!

2. Lawyers are free to form other associations in expression of their constitutional rights, but none of those associations can divide, split or affect the powers of the NBA. Such Associations will only be operating amongst its members inter se, but all of its members who are legal practitioners will remain members subject to the Nigerian Bar Association! Therefore, it will be ignorant reporting to refer to any of such groups as ‘splitting’ or ‘dividing’ the NBA because, at least legally speaking, they cannot! Unless of course if there is a legislative amendment to the Legal Practitioners Act including them as regulators of the profession!

3. Any group of lawyers seeking to set up an association should consider the likelihood that the association will be given legal recognition by an incorporation process. Using a name like the “New Nigerian Bar Association” or other derivative names is certainly not the way to go. There are several other names that may be permissible: “Lawyers agitated over the removal of a speaker at the NBA-AGC” may be considered as a viable option.

All jokes asides, these jokes are being taken too far! As lawyers, we need to be an example for the society to follow. We need to stop these unnecessary time-wasting attempts and focus on securing our future, through a united bar that works for all. It’s high time we get things right and it takes our collective efforts…beyond sentiments!

Written by Oliver Omoredia.