Conflicting Ex parte Orders: NBA To Publish Names Of Indicted Members

The National Executive Council (NEC) of the Nigerian Bar Association (NBA) yesterday agreed to publish the names of its members indicted for alleged roles in conflicting orders.

The NEC also affirmed its resolve to petition the lawyers to the Legal Practitioners Disciplinary Committee (LPDC), to serve as a deterrence to others.

It stated this and more in a communiqué following its quarterly virtual meeting held on February 23.

The decision follows pressure on the association to disclose the identities of a Senior Advocate of Nigeria (SAN) and six other lawyers indicted by an NBA investigative panel for their roles in a series of conflicting ex parte court orders issued by some judges in political cases last year.

NBA President Olumide Akpata on January 24 disclosed that the seven would face a disciplinary panel.

He, however, refused to reveal the names of the indicted lawyers.

But in the communiqué signed by Akpata and NBA General Secretary Joyce Oduah, the NEC revisited the matter and other issues affecting the bar and the country.

The NEC also considered the “purported amendment of the Rules of Professional Conduct, [RPC], the welfare and wellbeing of legal practitioners, the ongoing NBA-NHIS National Health Insurance Scheme, the proposed NBA – Access to finance, harassment of lawyers and the deplorable state of security in the country,” among others.

Part of its resolutions reads: “NEC resolves to petition members of the association involved in the unethical act to the Legal Practitioners Disciplinary Committee [LPDC], to serve as a deterrence to others. NEC also agreed to publish the names of the members affected.”

On the change of guard of the association’s leadership, the NEC approved “Saturday, the 16th day of July 2022 for the conduct of the NBA National elections and also resolves to hold a ’24-hour’ time-bound election.”

The NBA-NEC also expressed worries about the role of its representatives in statutory bodies

It said: “NEC expresses concern over the seemingly deliberate attempt by her representatives in statutory bodies to bring the association into disrepute.

“NEC, therefore, resolves that all her members nominated to, recommended for, or appointed into boards, councils and statutory bodies by the association or by virtue of membership shall be required to report on their activities in such bodies at the quarterly meetings of the National Executive Council.”

The NEC also addressed the matter of harassment of lawyers.

It said: “On the harassment of lawyers, NEC lamented the insistent harassment of lawyers by security agencies in the course of carrying out their professional activities.

“NEC condemns the public tyranny, contempt and disrepute to the profession and the rule of law in general amongst law enforcement agencies.

“As seen in a viral video on social media, NEC decries in its entirety the inhuman treatment, manhandling and physical assault of a legal practitioner by uniformed officers of the Nigerian Customs Service.

“NEC urges the NBA to embark on a nationwide campaign against the continuous harassment of lawyers by security agencies and incessant violation of the Rule of Law in the country.”

It further condemned “in the strongest terms possible, the worsening security situation in Nigeria, including the unending insurgency, ceaseless abductions, kidnappings and attacks on communities and individuals, and in recent times, ritual killings of citizens.

“NEC calls on governments at all levels and their agencies to devise creative ways to live up to their obligation of protecting the lives and properties of Nigerians.”