RE: NBA PROPOSED CONSTITUTIONAL AMENDMENT: "It Is Very Unpopular, Installation of government by the few and evidently undemocratic"

RE: NBA PROPOSED CONSTITUTIONAL AMENDMENT: "It Is Very Unpopular, Installation of government by the few and evidently undemocratic"

Assuredly, while I would say it is highly commendable for any association to make improvements on its regulation(s); amidst this, NBA's Constitution amended in 2021 by the Olumide Akpata's led administration which was evidently near-perfect and admits of little or no amendment, stands as a model or a blueprint that future constitutions of the NBA could be built on. 

I have learnt to maintain taciturn, reticence and Olympian aloofness on issues I would ordinarily kick against, but a keen study of the NBA's proposed constitutional amendment, 31/07/2023, has successfully petrified me in eerie and trepidation. 

Consequently, a mishmash of this concern includes:

1) The proposed amendment, if sees the light of the day via ADOPTION at the forthcoming AGC Conference, 2023, will entrench, enthrone, install and institutionalize an uncanny and sombre regime of oligarchy and monarchy ----Ascension of throne by hereditary, loyalty and godfatherism are the least of quagmire that will plunge the once glorious NBA to the dark primitive, archaic and stone-ages of NBA ruled by the few. This I am sure was not and still not the intentions of the drafters of the amendment, but the disadvantageous effects stare us in the face, hence should be abated.

The Proposed S.9(3)(c) reads: With respect to the office of the President, is the immediate past Vice President of 

the Association. FOR THE AVOIDANCE OF DOUBT, ascension to the office of

President of the Association shall be by succession, save for the circumstances listed

in paragraph 4, part III of the Second Schedule to this Constitution. Provided that 

where the office of the Vice President is vacant at the time of succession, election 

may be held for the office of the President. This provision shall become operative 

after the 2024 elections of the Association.

2). Similarly, S. 9(5)(iv) reads:  the vice president, Shall, upon completion of his/her term as Vice President, become the President

of the Association for the succeeding term of Two (2) years.

S. 28. reads:

(1) The respective occupants of the National Office of First Vice President, Second Vice 

President, Third Vice President, Treasurer, Welfare Secretary, and Assistant Publicity 

Secretary, as at the commencement of this Constitution shall continue to occupy and perform 

the functions of their respective offices as specified in the Constitution of the Nigerian Bar 

Association 2015 (as amended in 2021) up to the completion of their respective terms of office 

under that Constitution. 

(2) Upon the expiration of the tenure of the occupants of the office specified in the preceding

subsection, the said offices shall cease to exist as a National Office of the Association and shall 

no longer be contested for at the National Elections of the Association. 

(3) For the 2024 National Elections of the Association, the office of the President is zoned to 

the Eastern Zone, the office of the Vice President is zoned to the Western Zone, while the 

office of the General Secretary is zoned to the Northern Zone, respectively

3) The deliberate removal of sensitive National offices  can be anything other than good for the noble Association. Leaving the affected omitted offices in the hands of the few or perceived  experts without the supervision of elected officers in those respective offices, leaves one mum, macabred and standoffish, but also evidently spells doom and public harangue for our reputable Association.

The proposed S.9.reads: 

National Executive Committee

(1) The National Executive Committee shall consist of the National Officers of the Association 

who, except for the President, shall be elected as provided under this Constitution for a 

single term of two years.

(2) The National Officers of the Association shall be:

a. The President

b. The Vice President

c. The General Secretary

d. The Assistant General Secretary

e. The publicity secretary 

4) More disappointing is the fact that, the proposed amendments, rather than being people-friendly or people-oriented, the said amendment, has donated carte Blanche of powers to the president of NBA----The regulator is not regulated. The president is made a pro domino. The King can do no wrong. Thus, too many provisions in the proposed amendments point to this. One of those provisions reads:

S. 10(1)(d.) of the Uniform Byelaw: 

The Caretaker Committee shall consist of three (3) members of the Association appointed 

by the President from among members of the Branch. Provided that in appropriate 

cases, the President may appoint members of the Caretaker Committee from other 

Branches of the Association within the State where the Branch is located, or from a 

neighbouring State to the affected Branch. 

The aforementioned certainly begs the question: how can the constitution donate powers to the president to appoint a caretaker outside the branch and/or a branch in a neighboring locality or state to oversee or administer another branch entirely? How is this provision people-friendly?

Consequently, it is my strong, firm and considered position that, in order for the NBA to propitiate its members and enthrone a people-oriented and democratic constitution, those hara-kiri provisions X-rayed above and such other ones that negate the immemorial creeds, tenets, ethics and ethos of the noble profession, should be roundly removed, expunged and massively voted against at the forthcoming NBA AGC Conference, 2023.

Thank you.