This momentous proposal is in direct response to the devastating impacts of COVID-19 on both the health and economy of most nations nay, all over the world.
These impacts of the COVID-19 pandemics and its consequential effects on global health and international businesses are already manifesting in the most rapid and alarming manner in recent weeks.
These paticularly negative economic impacts include but are not limited to –
a. Low demand of services and products by consumers due to the virus scares and social distancing;
b. Shrunk purchasing abilities of consumers of products and services as a result of shrunk national GDP, decreased production capacity , loss of jobs and/or decreased earnings;
c. Devaluation of domestic currencies;
d. Astronomical increases in prices of essential goods and services occasioned by panic purchases and patronage ;
e. Loss of work hours as a result of potential risks in lawyers’ workplace and;
f. Significant Emergency essential spending occasioned by social distancing and in preparation for actual or expected cities’ shutdown,
Arising from the above economic effects of COVID-19, I herein humbly propose that NBA and the Supreme Court of Nigeria should consider the possibilities of extending the deadline of payment of practising fee by one month for the Year 2020 ONLY.
I know the March 31 deadline is statutory but our laws are not blind, deaf or dead to emergencies, especially when it is a pandemic that seriously impacts both the health and wealth of most nations of the world . I am equally aware that the emergency at hands makes it impracticable to unlock the mechanism of legislative amendments as a tool to achieve this aim.
The Trustees of the NBA, the NEC of the NBA and the Executive members of the Association may hold an online meeting where the issue will be tabled for ratification. In the alternative , an Electronic Assent Form (EAF) can be sent to members of the Trustees, NEC and the members of the Executive Committee for endorsement within a period of 30 hours. If the resolution is adopted by the statutorily required number, the General Council of the Bar through the Attorney General of the Federation and the Registrar of the Supreme Court of Nigeria will be notified of this development.
The Notification to the Registrar of the Supreme Court will include a request that, he, as the statutory collector of the fees, within two days of the service of the notification on him – the date of the service inclusive – serve on the General Secretary of the NBA his willingness or otherwise to enforce the resolution of the extension. If he shall state that he is unwilling to abide by the resolution or if he shall fail or neglect to state respond to the request within the time or in the manner required, the Trustees of the NBA shall cause an action to be filed against him before the Federal High Court to show why the resolution shall not be enforced by him. Parts of the reliefs shall be a declaration that the extension is valid and legal in the circumstances it was made. If he shall return a statement of his willingness to enforce the resolution, same shall be immediately filed before the Federal High Court for an Order sanctioning the resolution as having been validly made. Both Applications shall be supported by an Affidavit of urgency.
Following an Order of the Court validating the extension, the Registrar of the Supreme Court of Nigeria will publish the Order of the sanctioning of the Extension and if he shall fail or neglect to so publish within 12 hours of the issuance of the enrolment of the Order, the NBA President will publish the Order and the extension.
This proposal will only portray the NBA leadership as a responsive class of individuals.
Deji Jayeoba, Ado-Ekiti Branch
20-03-2020.