NBA, Others, Discuss How To Eliminate Harassment Of Lawyers By Security Agencies
The Nigerian Bar Association (NBA) held and Town Hall meeting in conjunction with law enforcement agencies, in order to curb or eradicate bickering and conflict, the members of the Association face in the hands of law enforcement officers in the course of discharging their duties to their clients.
The NBA president, Mr Olumide Akpata said that incessant bickering arising in the discharge of duties by lawyers and security operatives are unnecessary adding that permanent solutions must be found to ensure that they work without stepping on tools.
Akpata said, the time has come for legal practitioners and security operatives to learn how to discharge their respective functions within the ambit of the Rule of Law.
The Hybrid Town Hall meeting which was held in Abuja with the theme,” Lawyers, Security Agents and the Rule of Law”, had representatives from Nigerian Immigration Service(NIS), the Nigerian Customs Service(NCS), Independent Corrupt Practices Commission(ICPC), Nigeria Police Force, Nigeria Security & Civil Defence Corps(NSCDC) and Economic and Financial Crimes Commission – (EFCC).
The chairman, NBA-Security Agencies Relations Committee (NBA-SARC), Mr Joe Gadzama, SAN, said the town hall meeting was organised to bring lawyers and security agencies together as a starting point for having a cordial working relationship.
Gadzama, SAN, said, in the next few days, the NBA committee will meet with the Inspector General of Police for consultations on how to make lawyers and police work unhindered.
A Deputy Commissioner of Police, Simon Lough (SAN), identified pride and arrogance were responsible for the bickering between lawyers and the police. He also said the issue of conflict/interference arises because the law enforcement officer and the lawyer don’t understand their roles.
Lough who is the first serving police officer to become SAN called for synergy between lawyers and security agents because they have vital roles to play in ensuring the safety of life and property.
He noted that a situation where lawyers and security agents see themselves as enemies must be eradicated as they are supposed to work together.
He also charged lawyers not to pay money for bail, because it is unconstitutional. “Bail is free if you decide to make it free, it all depends on you.
“Giving money for bail is bribery, therefore the giver and the taker are guilty.
“If you meet the IPO and he says bring money, go to the DPO or the DCO, when you meet the senior officers there, the whole situation will be different.
“Most of our colleagues prefer to negotiate with the junior ones. In situations like this meet the Senior officers,” he said.
He also urged lawyers to report any misconduct to the Public complaint Response unit and Escort.
On the issue of police not responding to hearing notices, he said that in most cases the notices are served on the commissioner of police and before it gets to the Legal department the matter would have been heard.
He advised that the notices be served straight to the legal department.
He said lawyers are not allowed to enter police stations with phones because some phones are fire arms and because of security reasons, they are not allowed.
On the issue of having low turn up of police lawyers at NBA meeting, he said the force is working on that because NBA is their primary constituency, despite they are in the force. He promised that the next town meeting head of Legals in all the commands and majority of lawyers in the force will be available to participate.
Another speaker at the occasion, Mr Mela Nunghe (SAN) called for an end into agency rivalry in the interest of the generality of Nigerians.
Another issue raised was on the conduct of lawyers when they appear before these security agencies.
He noted that any lawyer coming before these officers should have in mind that they are representing the NBA not just for himself and as such should comport himself or herself, because the NBA is a profession that should be respected.
He also stressed the need on why court orders should be respected irrespective of the institution involved.
Prof Peter Akper SAN, said, emphasised on the need to obey the rule of law. He stated that all thel aw enforcement agencies are creation of law therefore the functions are circumscribed and they must perform their functions within the confines of the law.
“Lawyers in their responsibilities towards their clients are to also act with the law.
“If law enforcement agencies are acting within the confines of the law and lawyers doing the same I believe very strongly that the conflict between the two will be minimized. We should always keep that in view as we discharge our responsibilities.”
The first Vice president of the NBA John Martin Aikpokpo, said those who suffer most harassment from the law enforcement agencies are usually the junior colleagues. He noted that the challenge is who to report the matter to. He identified the problem as lack of training and noted that the Association is putting things together in order train and retain the officers.
To curb the menace, he suggested that what is done at the National level should be introduced to the branch levels.
“All OC Legal of all the Area Commands of the state commands must belong to the same WhatsApp group with all the NBA chairmen of branches.
“When a young lawyer reports to the chairman on the issue, the chairman will be in touch with the OC Legal of that region and that will douse the tension instantly.
“The police if they have an issue with a lawyer they can as well go through that system and report back to the NBA and a phone to the chairman will douse the tension in less than 15 minutes.”
He further, noted that NBA is working hard to see that the interference and conflict between lawyers and law enforcement agencies are eradicated.
