TheNigeriaLawyer Editorial

The Nigerian Bar Association (NBA) has a rich history that has brought the Association to the place it is today. A cursory look at the Association’s journey reveals that the creation of an association to cater to the interests of lawyers whilst remaining a crucial check on the excesses of government has remained at the core of the Associations’ mandate – objectives only actualizable under the right atmosphere of leadership.
As the NBA prepares to elect a new president in the coming weeks, the focus remains on integrity, visionary leadership, and commitment to justice, ensuring the Association continues its vital role in advancing the legal profession and upholding the rule of law in Nigeria.

HISTORY OF THE NIGERIAN BAR ASSOCIATION (NBA)1

Early Beginnings – The quest for an Association
In many ways, the journey towards the creation of a unified association of lawyers traces its origins back to 1900 when the first legal practitioners, mostly expatriates, arrived in the then British colony. The formal practice of law at that stage was initially dominated by British-trained barristers who laid the groundwork for a formal legal association, mirroring the British Bar. With the practice of English styled law came the earliest recognition of a local bar in 1911 when the Nigerian Handbook made the first reference to a ‘Local Bar,’ which was to be led by the British Attorney General. The Handbook described the ‘Local Bar’ as consisting of members admitted to practice as Barristers and Solicitors by the Chief Justice under sections 84, 86, and 87 of the Supreme Court Ordinance, 1876. However, the Handbook did not create any structure or leadership for what it described as the Local Bar.
With the growth of commercialization and western education, particularly in the Western region of Nigeria, came increasing growth of legal practice in Lagos and Ibadan. These two regions became instrumental in the unionization of lawyers under associations. The Lagos Bar Association for instance, emerged in the late 1890s as the first Bar Association and comprised fewer than twenty legal practitioners at the time. It primarily aimed to promote the professional interests of its members, but with colonial rule still dominant, the Association achieved little, became inactive and soon moribund. In 1924, as Pan-African agitations began to take root, the Lagos Law Society, emerged within the dormant Lagos Bar Association. The Law Society was structured to promote the interests of Bar members and facilitate the acquisition of knowledge related to law and general interest subjects. There was also the Nigerian Provincial Bar Association was launched in Calabar in 1925, open to legal professionals, law officers, and others involved in the administration of justice in the province. These frontline Associations were mainly educational forums for lawyers to further their understanding of law principles and unite lawyers in different spheres of practice, but there was a growing need for much more.

In 1925, under Barrister Adebesin Folarin’s inspiration, who had launched the Nigerian Law Journal in December 1921, elaborate proposals were made for forming a national bar association. He argued that such an association would address issues such as professional misconduct, maintain a law library with adequate reading rooms, revise existing laws, and monitor new legislation. The drive for this new national association was however significantly hindered by challenges such as: restrictions imposed by the British colonial government, transportation and communication challenges, poor literary output from Nigerian lawyers, a conservative attitude among a majority of them, and a lack of enthusiasm for the cause. Additionally, the lawyers’ foreign training and calls to either the English, Scottish, Irish, or a Commonwealth country’s Bar led to a lack of interest in indigenous laws and institutions – as most foreign trained lawyers saw the Bar Association agitations as issues for lawyers with local practice.

The Birth of an Association

Despite the challenges, the Nigerian Bar Association was formally established under Sections 2 (a) & (b) and 4 of the Legal Practitioner’s Ordinance No 57 of 1933, but the presidency of the Association was conferred on the Attorney General as the leader of the Bar. Thus, the Nigerian Bar Association was under British colonial control, exercised by the Attorney General, who also served as the President of the Bar. The Association appointed only Chairmen based on seniority. In 1933, the then Attorney General of Nigeria, Hon. A.C.V. Prior, became the first President and official leader of the Bar in Nigeria. The Chairmanship of the Association, held for life, was strictly based on seniority. Therefore, the most senior member of the Bar in 1933, Sir Kitoyi Ajasa, became the Chairman of the Bar in Nigeria. He was succeeded by Mr. Eric Oluwole Moore in 1937 after his death. Mr. E.J. Alex Taylor became Chairman in 1944 following Eric Moore’s death. Sir Adeyemo Alakija succeeded E.J. Alex Taylor in 1950 and was replaced by Alhaji Jubril Martin in 1952 after Alakija’s death.

The quest for an Association truly Independent

By 1952, during Sir Adeyemo Alakija’s tenure, younger members of the Bar, predominantly lawyers from Ibadan, began advocating for the Bar Association’s release from colonial control and dominance. They called for the Bar’s restructuring and democratization, including the election of a president independent of the colonial government or its Attorney General. This movement faced strong resistance from conservative Bar members, including Sir Adeyemo Alakija and his successor, Alhaji Jubril Martins and amid these central Bar developments, Harrison Obafemi, S.A. Ogunkeye, and Omotola Adegunwa led other Ibadan lawyers in establishing Nigeria’s first independent legal practitioners’ association, the Nigerian Bar Association, Ibadan Branch, in December 1954. This bold move by Ibadan Bar members displeased some central Bar interests. Shortly after the NBA Ibadan Branch’s inauguration, certain sections of the central Bar openly expressed their displeasure, viewing it as an affront by these young Ibadan lawyers. In 1956, the chambers of Omotola Adegunwa, then Secretary of the NBA Ibadan Branch and one of its founders, were burgled. Interestingly, the burglars only took documents related to the NBA Ibadan Branch’s activities, including Records and Minutes’ Books.

Despite the above challenges, the establishment of the NBA Ibadan Branch heralded the restructuring and transformation of the central NBA. Members of the NBA Ibadan Branch were also members of the central NBA and intensified their efforts to free the central Bar from colonial control. Their efforts were supported by the broader decolonization process gaining momentum at the time. The death of then-Chairman Jubril Martins in July 1959 allowed younger Bar members to push for democratization and restructuring.

The decisive moment came at the August 1960 Conference of the Association, where a resolution was passed to elect a president rather than appointing a chairman based on seniority. The motion, proposed by Adewale Thompson and seconded by Chief O.B. Akin-Olugbade, led to Chief F.R.A. Williams becoming the first elected President of the Nigerian Bar Association (1960-1968), with Chief G.C.M. Onyuike as Vice President. The then Attorney-General, Mr. E.I.G. Unsworth, a Briton, did not protest this change thereby ending the tradition of the Attorney General being the Bar President.

An Independent Association of Lawyers

From then on, the leadership of the Bar separated from the presidency of the association, though it was possible for one person to hold both positions. Chief F.R.A. Williams, even after his presidency, remained the unofficial leader of the Bar due to his seniority and active practice until his death on March 26, 2005. His legacy symbolizes the enduring transformation and independence of the Nigerian Bar Association. With the vibrant leadership of the NBA under Chief F.R.A. William, the NBA gained prominence as an influential body advocating for justice and rule of law and in the 1960s and 1970s saw the NBA becoming increasingly involved in national issues, including civil rights and political advocacy. During this period, the NBA played a crucial role in addressing issues related to military rule, human rights abuses, and the enforcement of fundamental freedoms.

NBA as an advocate for Rule of Law

Although the NBA faced significant challenges during the military regimes of the 1980s and 1990s, the Association was at the forefront of advocacy for democratic governance and human rights, often at great risk to its members. The tenure of Alao Aka-Bashorun (1987-1989) was particularly notable for its activism against the military dictatorship, and this eventually leading to the temporary proscription of the NBA by the military government between 1992 to 1998. Despite these challenges, the NBA remained resilient, continually fighting for the restoration of democracy and the rule of law. This period solidified the NBA’s reputation as a staunch defender of justice, human rights and the rule of law in Nigeria – earning lawyers and their revered Association significant respect in the Nigerian society.

New aspects – same goals

The return to civilian rule in 1999 marked a new chapter for the NBA under the leadership of Chief T.J.O. Okpoko, SAN (1998–2000). The active involvement of the NBA in seeing Nigeria’s return to civilian rule made the Association a crucial partner in national governance with the society, and indeed politicians, realizing its crucial role. The association having achieved its goal of restoring democracy somewhat transitioned from a primarily advocacy-focused organization to one also emphasizing legal reform, capacity building, and professional development. The NBA has since then expanded its activities including organizing annual general conferences, providing continuing legal education, and engaging in various public interest discourse but at its core the NBA remains an Association founded to advocate for the rule of law, protect human rights, address common issues of lawyer interests and create an atmosphere for regulation of legal practitioners in Nigeria.

NBA and our quest to Press Forward

In many ways, through the years the NBA’s leadership has been pivotal in navigating it’s changes, with successive presidents of the Association bringing different priorities and approaches to its leadership. The NBA’s influence today extends beyond Nigeria, with active participation in regional and international legal bodies and collaborations with other bar associations worldwide. Therefore, in many ways, the Association is only as strong, progressive, courageous and impactful as its President. Hence, it is crucial that lawyers who now have the power to decide who becomes the Association’s President, do not take this power for granted. Layers must pay keen attention to the historical journey of the Association, the current state of the Association today, as the posture the Association needs to take in the interest of the profession and our nation, and look out for qualities that should be found in any person seeking to be President of the NBA.

QUALITIES TO LOOK FOR IN THE NEXT NBA PRESIDENT

Choosing the next President of the Nigerian Bar Association is a critical decision that will influence the direction and effectiveness of the Association. Nigerian lawyers must consider several key qualities when evaluating potential candidates:

Integrity and Ethical Standards
The next NBA President must possess impeccable integrity and high ethical standards. This quality is paramount as the president represents the association and the entire legal profession in Nigeria. A leader with strong moral principles will ensure the NBA remains a credible and respected institution.

Visionary Leadership
A visionary leader is essential for steering the NBA towards future growth and relevance. The manifesto of a Candidate should reveal a clear and compelling vision for the association, focusing on innovation, modernization, and the continued advancement of the legal profession in Nigeria. This vision should include strategies for leveraging technology, improving legal education, and enhancing the association’s influence on national and international legal matters.

Commitment to Rule of Law and Justice
The next NBA President must be someone who has demonstrated commitment to the rule of law and justice. It is not enough for a candidate at this stage to have plan to be committed to rule of law and justice if there are no referable instances where the candidate has so demonstrated such commitment. The candidate must show a track record of advocating for human rights, judicial independence, and fair legal processes. The NBA President to must be willing to stand up against any form of injustice, regardless of political or societal pressures.

Persuasiveness
Effective communication is crucial for the next NBA President, who must articulate the Association’s positions clearly and persuasively to various stakeholders, including the government, the judiciary, and the public. The ability to engage in meaningful dialogue without compromise and building consensus is essential for addressing the complex issues facing the legal profession and the broader society.

Administrative and Organizational Skills
The current and immediate past administrations in the NBA have betrayed a mastery of administrational skills. We cannot have a repeat of the eyesore which occurred at the 2023 Annual General Meeting of the NBA. Hence, the NBA President should possess strong administrative and organizational skills and must properly manage the issues within the Executive Committee. Leading a large and diverse organization like the NBA requires the ability to manage resources efficiently, coordinate activities across different branches, and ensure effective implementation of policies and programs. The president must also be adept at conflict resolution, as internal disputes and differing opinions are inevitable in any large organization.

Advocacy and Representation
The NBA President serves as the chief advocate for the legal profession in Nigeria. The candidate should have extensive experience in advocacy, with a proven ability to represent the interests of lawyers and the association effectively. This includes lobbying for legal reforms, engaging with policymakers, and participating in public debates on critical legal and social issues.

Inclusivity and Diversity
The next NBA President should be committed to promoting inclusivity and diversity within the association and the legal profession. This includes advocating for gender equality, representation of minority groups, and creating opportunities for young and aspiring lawyers. A leader who values and promotes diversity will help build a more inclusive and dynamic legal community.

Wide Network and Ability to Build Partnerships
Building and maintaining partnerships with corporate bodies, other legal bodies, governmental agencies, and international organizations is essential for the NBA. It has become public secret that the NBA today struggles to raise funding for its annual events – largely due to the shrinking pool of relationships the Association has to leverage on. Without such diverse relationship the Association becomes a beggar to politicians and state government which greatly derails the Association and impeaches its integrity. Effective partnerships and networks can enhance the Association’s ability to influence policy, access resources, and collaborate on initiatives that benefit the legal profession and society. The candidate should have a track record of successful collaboration and networking.

Resilience and Adaptability
The legal and political landscape in Nigeria is constantly evolving, presenting new challenges and opportunities for the NBA. The next president must be resilient and adaptable, capable of navigating changes and uncertainties with confidence and strategic foresight. This includes being proactive in addressing emerging issues and leveraging new developments to benefit the association and its members.

Commitment to Professional Development
The NBA President should prioritize the continuous professional development of members. This includes promoting access to high-quality legal education, training programs, and resources that enhance the skills and knowledge of Nigerian lawyers. A leader committed to professional growth will help ensure that the legal profession remains competent, competitive, and relevant.

Transparency and Accountability
Transparency and accountability are fundamental principles that the NBA President must uphold. This includes being open and transparent in decision-making processes, managing the association’s finances responsibly, and being accountable to the members. The next NBA President must be a person whose practice is known and known to be above board.

Welfare of Lawyers and Social Responsibility
The next NBA President should embody a spirit social responsibility and genuine interest in the welfare of lawyers. This involves engaging in initiatives that benefit the profession, evidence of long history of support to the Association’s activities, and support for the growth and development of young lawyers. To this end, TNL will investigate the law practice candidates proposing to be the next President of the NBA to interrogate their true commitment to welfare of lawyers within their practice structure.

CONCLUSION
The history of the Nigerian Bar Association reflects its evolution from a small group of legal practitioners to a powerful and influential organization dedicated to upholding justice and the rule of law in Nigeria. As the NBA continues to navigate the complexities of the modern legal environment, the qualities of its leadership become increasingly important. Choosing the next NBA President requires careful consideration of qualities such as integrity, visionary leadership, commitment to justice, effective communication, administrative skills etc. These qualities will ensure that the NBA continues to thrive and uphold its mission of promoting the rule of law, advancing the legal profession, and contributing to the broader societal good in Nigeria. The right leader will not only represent the association effectively but also inspire and guide it towards a future of growth, innovation, and sustained impact. Also, the insensitivity of the NBA – National Exco towards the issue of the AGC fees may well prove to be their undoing at the twilight of their administration, and we have some of these officers wanting to run again for other positions. They already know their results before the election.It’s important to be aware of NBA politicians. They have started passing out paraphernalia and songs.

End Note:

Ajayi, David Olayinka. (2019). IBADAN AND THE BEGININGS OF THE NIGERIAN BAR ASSOCIATION.