THE CONSTITUTION OF EASTERN BAR FORUM, 2015 AS MENDED: The Blur in Art. 4.,  A Case For An Expedient Need For A Resolution Than Conventions and Practices

By ~ Meti Monday Ukpeh Esq.

       [Ama-Mme Anana-Owo]

In sooth, it is a sigh of relief and a stream of legal fragrance brought by the adoption of the said constitution by the General Assembly of the Eastern Bar Forum on the 18th day of July, 2020.

There is no doubt or hesitation that a regional legal framework as the EBF would not toe the path of collective doggedness in reconciling the essence of legal practice for its members while also projecting its aims and objectives as evident in Art. 3 (2) of the EBF Constitittion ( hereinafter referred to as “the constitution”.)

However, a cursory look at Art.4 of the said constitution creates room for blurry and speculative imputations prone to conjectures against certainty.

For the avoidance of doubts, Para. E  of a Art. 4(1) creates the YOUNG LAWYERS FORUM as one of the organs of EBF and vests same with functions in Art 4(11), viz: 

the young lawyers forum shall be governed by Five (5) executive members with a Chaiman, Secretary and Three (3) other members shall deal with issues concerning the interest of young lawyers in the forum, and any other matter that may be referred to it by the General Assembly or the General Council.

From the foregoing, it could vividly be deduced that the functions of a body called YLF are prescribed without procedures for selection/election of its officers, hence, leaving it to conventions practiced overtime. It is the view of this writer that even if YLF is a product of circumstances as the said YLF was created as a committee under the NBA. 

However, it has been seen that the body remains an appendage to the whims and caprices of the President or Chaiman of the NBA National or State Branch(es). 

Thus, it is the strong submission of this writer, that such should not be the fate and calamity of YLF under the noble umbrella of EBF as this particular EBF can comfortably pass a resolution to have, by election,select the five members of the YLF of EBF.

This resolution can be made by the General Assembly as the highest decision making body of EBF ; or the decision can be made by the General Council. See art. 6 of the constitution.

With great respect, donating the entire Art 5 of the constitution to the elections of members of the governing council without corresponding Article/provision to carter for long awaited yearnings and plights of young lawyers, is an avoidable oversight, while calls for a redress by the noble leadership of EBF remain highly recommendable to nib this issue in a perpetual bud.

RECOMMEMDATIONS

A corresponding procedure for election of members of Governing Council of EBF in  Art 5(15) should be created by Resolution of the General Assembly or Resolution of the Governing Council.

Appointment of officers of YLF should, for the sake of prestige, integrity and sanctity of ebf, be abolished so as to whisk away the whims and caprices in such appointment. May posterity be fair to EBF in this regard.

Above all, may the guiding principle, “to resuscitate and reinvigorate the interest of legal practice…” as encapsulated in Art 3(2) of the constitution be the watch-word.