'Ensuring the Departure of Merit: NBA's rotation and selection policies

ENSURING THE DEPARTURE OF MERIT: NBA'S ROTATION AND SELECTION POLICIES. By Prof. Ademola A. Adewale

The Nigeria Bar Association, NBA is arguably the nation's most influential and respected professional association particularly in this era of Civilian Democracy when we are daily confronted with one constitutional issue or the other requiring legal advice or solution. Indeed, the profile of the legal profession in Nigeria has never been higher and every fresh national debate only serves to reinforce this elevated status.

However, as is usual in life, with this privileged position comes responsibilities and duties, chief amongst which is to provide leadership on a consistent basis for the nation particularly in times of national crises. One of the nation's most recurrent debates has been the controversial and divisive issue of Federal Character. Federal character which is a constitutional provision under Section 14 (3) of the constitution is a policy of Government which ensures equitable (not necessarily equal) representation of all sections of the nation in all areas of national life.

Historically, the policy had patriotic and genuine origins as the glaring inequalities in virtually every area of national life amongst the various ethnic groups and regions of me time inspired the nation's leaders at the time to put in place a policy that will ensure national unity and integration such that every part of the court feels a sense of belonging in the nation and no section dominates the other or others in national life. Regrettably from this nationalistic philosophy have sprung so much ill feeling and discontent. Why? The misapplication and abuse of the Federal Character principle in our national lives; from school admission, to appointments and elections into public office and national awards. So much so that what should be a rallying cry to oneness as a nation is now synonymous with mediocrity and incompetence. Happily, the twin -arms of the profession, the Bench and the Bar, have till date been spared the negative effects of the abuse of the Federal Character police.

Admission into the profession is entirely on merit, elevation to the Bench and promotion at the Bench is by and large, on merit, the elevation to the privilege status of the inner Bar is primarily on merit. So the Federal Character principle, hardly gets a mention neither does it generate controversy within the legal profession. In fact a look at the composition of the top hierarchy of the Bench and Bar from the Supreme Court, to the National Judicial Council, the Body of Benchers, Council of Legal Education and the National Executive Committee, NEC of the N.B.A shows the right balance of the coveted merit and the much desired Federal Character Principle in operation.

In particular reference to the N.B.A in the last half a century, the leadership of the N.B.A has for the most part been balanced and varied even during the ages when it was believed that certain sections of the nation "dominated" the legal profession. One must hasten to add however, that certain parts of the nation due to cultural and historical reasons who were slow to take to take to the profession were conspicuously absent in all areas of the profession in the early days. But they have since taken their rightful place throughout the rank and file of the legal profession and in several areas outpaced the earlier entrants into the profession.

A list of N.B.A president from 1959 till date.
1. Alhaji Jibril Martin - 1959
2. Chief F.R.A. Williams SAN - 1959-1968
3. Peter Thomas - 1968-1969
4. Chief G.M. Boyo - 1969-1970
5. Chief R.O.Akinjide SAN - 1970-1973
6. Chief Adebayo Ogunsanya SAN- 1973-1974
7. Dr. Mudiaga Odje SAN - 1974-1976
8. Dr. Nwakanma Okoro SAN - 1976-1978
9. Chief B. 0. Benson SAN - 1978-1980
10. Chief Adetunji Fadairo SAN - 1980-1982
11. A.N. Anyamene SAN - 1982-1984
12. Prince Bola Ajibola SAN - 1984-1985
13. Ebede Nwokoye Esq - 1987-1989
14. Alao Aka Bashorun - 1987-1989
15. Mr. Charles Idehen- 1989-1991
16. Sir Clement Akpamgbo SAN - 1991-1992
17. Mrs. Priscilla Kuye - 1992-
18. Chief T. J. O. Okpoko SAN - 1998-2000
19. Chief O.CJ. Okocha SAN - 2000-2002
20. Chief Wole Olanipekun SAN - 2002-2004
21. Chief Bayo Ojo SAN - 2004-2005
22. Mr. Lanke Odogiyan - 2005-2006
23. Chief Olosa Agbakoba SAN - 2006 till date

However, the national/federal outlook of the N.BA is now under serious threat from irredentist, and tribalists parading themselves as "nationalists" who want the N.BA to reflect 'federal character" as in every other thing Nigerian. Curiously this rotation principle which gained ground from around 2002 has already boomeranged twice even within the few years of its emergence. In the 2004 election that was zoned to the North-central zone, one of the leading candidates at the time was Chief Bayo Ojo SAN, a Yoruba "northerner" who was to emerge president at the 2004 Annual Bar Election. The same Chief Ojo SAN was to jump ship to the embarrassment of many to become Federal Attorney-General. His abdication was to raise yet another debacle, the emergence of another Yoruba with practice in the North-Central as representative of the North-Central Zone in the person of Prince Lanke Odogiyan.

This is all courtesy of the "Federal Character" touted to make the N.B.A. more national. Even, the emergence of the present N.BA President, Mr. Olisa Agbakoba SAN which in all the circumstances was well deserved, had the taint of a Zonal/tribal victory since one of the candidates at the election was from a "disfavoured' Zone and almost harassed out of the race for going against the rotation formula. So much for the rotation principle.

Yet another reason that has been canvassed for the new fanged rotation principle, is the desire to de-monetise NBA politics. The claim is that making the NBA National Elections an all comers- affair increases the risk of highly monetising the process. But can anyone say in good conscience that without prejudice to the emergence of deserving candidates, that money was not an issue in the last 2 or 3 NBA National Elections?

The tacit admission of the increased role of money in NBA elections has now given rise to yet another policy; the policy of selection. The logic here is simple and straight forward, since elections give rise to spending of money, eliminate elections and let the favoured zone select or is it anoint the president to be and the problem of money politics would have been effectively dealt with once and for all. The error inherent in this argument is the refusal to acknowledge the natural leadership expected of lawyers in matters and democracy and rule of law. Nigeria as a nation has had more than her fair share of military rule and dictatorship. But even in those dark days, the legal profession was in the Vanguard of the movement for democracy. Even now that there is some form of democracy and civil rule, the leadership and direction of the twin arms of the profession through the courts and the Bar is regular sought for the enthronement of genuine and true democracy in the land. What now happens when the leadership of the Bar goes the way of directorship by the imposition of candidates, would will still remain the moral high ground to pontificate and sermonize on democracy and rule of law after the biblical fashion of physician heal thyself or as We lawyer are wont to say Nemo dat quod non habet; a man cannot give what he does not have?

Ironically, recently the nation's ruling party, the Peoples Democratic Party, PDP, at its National Convention resorted to selecting consensus candidates as opposed to the more transparent and participatory delegates election, an act which was roundly condemned by a cross section of Nigerians particularly lawyers, is the NBA now to go the PDP way? Across the Atlantic, many of us having been following closely the ongoing primaries of the Democratic Party in the United States. We look forward to a re-enactment of the like in Nigeria, with the NBA in the forefront of such local experience. Nigerians complain at the almost complete absence of internal democracy in all the registered parties, such a feat will be almost impossible to achieve if the NBA that is supposed to show the way forward joins the league of organizations lacking in internal democracy- Here it might be the appropriate to recall that the beginning of the end of the Alliance for Democracy AD, which many people believed would midwife genuine democratic practice in Nigeria, when civil rule was institute in 1999, started when its first. Presidential candidate emerged in less than democratic settings.

May the NBA not go the same way in Jesus name Amen.

Suggestions: To retain its rightful place as the bastion of democracy in Nigeria, the NBA should immediately jettison the rotation principle; let every National office including the presidency of the NBA be open to all qualified and eligible lawyers from all parts of the country in a free and fair delegates election.

The emphasis on the Inner Bar membership as a qualification for eligibility to run for the NBA presidency should be discontinued. Recall the election of Aka-Bashorun against Chief Ladosu Ladapo SAN. The result of that titanic Bar election battle together with the great strides made by the Alao-Aka Bashorun led NBA is of course still fresh in our memory for all to ponder upon. And when Chief Bayo Ojo SAN jumped ship to take up political office, it took Prince Lanke Odogiyan yet not a Silk, to manoveuvre the affairs of the NBA to a successful berth.

Most importantly, the leadership of the NBA must resist the great temptation of instituting a no-contest policy for the presidency of the NBA. While it might have worked admirably for other professionals, by our unique role as the custodians of the best traditions of democracy, we can ill- afford a policy that makes us impotent to provide the much sought leadership in matters of democracy and participatory government.