While observing the Manifesto Day and Presidential Debate organized on 7th July by the ECNBA for aspirants vying for various positions as national executives of the Nigerian Bar Association on July 7, 2022, one thing that stood out, is that the presidential candidates seem to agree that the outgoing administration headed by Olumide “talk and do” Akpata has been outstanding in its achievements. Following this acknowledgement, the mandates of the candidates focused mainly on sustaining and improving upon what the present administration has achieved.
The forthcoming NBA elections which will hold on Friday, 16th July 2022, would usher in the 36th president of the association, alongside nine other national executives.
In the 2020 elections, Akpata – not one himself – defeated two Senior Advocates of Nigeria to emerge as the current president. Described as an astute leader, Akpata’s administration has been applauded as one of the most dedicated administrations of the NBA to date, especially as it concerns the welfare of lawyers in Nigeria.
With his tenure at its end, it is imperative to look back on his administration, the manifestos of the 2022 presidential candidates and their strategies for sustaining and improving the legacy of the present administration.
The Presidential Aspirants
Three lawyers are battling to take the baton from Akpata:
Joe-Kyari Gadzama SAN: Gadzama, SAN from Borno state, was called to the Nigerian Bar in 1986. He is the principal partner at J-K Gadzama LLP, a renowned law firm based in Abuja. A seasoned litigation and commercial lawyer, Gadzama, SAN was elevated to the rank of Senior Advocate of Nigeria in 1998. He has also been a member of the National Executive Committee of the NBA since 1998.
Jonathan Taidi: Jonathan Taidi, called to the Nigerian Bar in 2001, is an activist and humanitarian. A Niger state-born lawyer, he served as a general secretary of the NBA 2018-2020 administration and was onetime chairman of the NBA, Minna branch. He has also been a member of the NEC of the NBA since 2008.
Yakubu C. Maikyau SAN: Maikyau SAN, from Kebbi state, is the Principal Counsel at YC Maikayau & Co, Abuja. He was called to the Nigerian Bar in 1990 and conferred the prestigious rank of SAN in 2011. As a young lawyer of about nine years post-call experience, providence thrust Maikyau on the national stage as a counsel in the Human Rights Investigation Commission of Nigeria (the Oputa Panel), set up by Olusegun Obasanjo in 1999 as Nigeria returned to democratic rule.
The Contenders’ Manifestos
Over the years, certain issues affecting legal practice continue to be focal points used by various aspirants in canvassing for votes. These include the welfare of lawyers, remuneration, administration of justice and inclusivity of the Bar. Seeing that these are major issues that permeate across the various manifestos of past and present aspirants, it is pertinent to focus on these points.
1. Lawyers’ Welfare
At the core of Akpata’s mandate was the promotion of lawyers’ welfare. He had planned that, among other things, lawyers earn decent wages; better working conditions; better access to finance to set up and fund their law practice, and improved access to healthcare under an efficient insurance scheme.
One outstanding initiative of the Akpata administration is the introduction of the NBA “Project Wellbeing”, the NBA health program for lawyers. The initiative is based on a Memorandum of Understanding signed by the NBA and the National Health Insurance Scheme to provide health insurance coverage for legal practitioners across the country. Lawyers who pay their practising fees in due time have access to insurance coverage. Akpata’s administration also commenced an initiative where lawyers can obtain loans of up to two million Naira at a single-digit interest rate. As part of its efforts to enhance legal research by members, the Akpata-led administration, in partnership with Law Pavilion provided a free one-year subscription to Primsol to all members of the Association who are between one to seven years and negotiated discounted rates for lawyers for eight years. Furthermore, an online application for the request and dispensing of stamps and seals is another stellar initiative of the current administration.
Flowing from this, Gadzama, SAN pledged to increase lawyers’ access to finance. Leveraging on the precedent already set by the current administration he would promote viable fiscal policies to ensure the financial security of lawyers. He further canvassed for the protection of the interest of lawyers with special needs, particularly lawyers with disabilities, through their inclusion in the activities of the Bar, and by ensuring that courts and legal venues are well equipped with friendly passages.
Maikyau, SAN pledged that as a means of consolidating the health insurance scheme already set up, technology will be leveraged to allow for e-consultation between doctors and members of the Bar. He would also encourage free medical outreaches and continue to negotiate better insurance policies for members.
Jonathan Taidi proposed schemes for the empowerment of newly-qualified members of the Bar, such as proposing a bill to the National Assembly to make it mandatory for each 774 local government councils of the Federal Republic of Nigeria to establish full-fledged legal departments which employ newly-qualified members. In addition to this, he advocates that he would ensure that all companies with a net worth of twenty million Naira would employ at least one fresh graduate from the new crop of lawyers.
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2. Remuneration for Lawyers
Being one of the most controversial issues that is yet to be tackled by past and present presidents of the NBA, the working conditions, especially the remuneration of lawyers in private practice, remains n a focal point of the manifestos of aspirants for the NBA presidency. Akpata had pledged that he would advocate for the amendment of the Legal Practitioners Act to expand the powers of the Legal Practitioners Remuneration Committee (LPRC) to include the determination of the indices to be adopted in determining the remuneration of lawyers in employment.
Section 15 of the Legal Practitioners Act which creates the LPRC is a committee headed by the Attorney-General of the Federation, and of which, the president of the NBA is a member. The Committee focuses primarily on the fees chargeable by lawyers to clients and not at all on the remuneration of lawyers in employment. Akpata had canvassed that he would advocate for the review of the provision. Whether this amendment was advocated for or not, the Legal Practitioners Act remains as it is without any talks of its being amended.
However, an area, where the Akpata administration may have recorded partial success, is its mandate to establish a “Remuneration Committee” to devise practical ways to improve the poor remuneration of legal practitioners and make recommendations to the NBA President for onward representation to the Legal Practitioners Remuneration Committee. And although Akpata had said that the committee would be established after one month of his inauguration as president, the committee was not set up until March 2021. The 15-member committee submitted its report to the president after ten months of carrying out its finding and gave its recommendations including a proposed new scale of charges for the legal profession in Nigeria, remuneration for lawyers in the different parts of the country, and how the recommendations can be enforced. However, none of the recommendations has been implemented.
Maikyau, SAN intends to use the recommendations of the Remuneration Committee established by Akpata as a foundation for his agenda on enhancing the earning capacity for lawyers. He insists that the recommendations of the committee will be publicized and implemented by the administration. He also canvasses for a minimum wage of one hundred thousand Naira to be shared 60-40 between law firms and the NBA for six months.
Gadzama, SAN aims to ensure better remuneration for young lawyers. He advocates for a minimum wage in the legal sector and although noting that this may be hard, he intends to institute an “Establishment of National Wage Monitoring Committee” that will oversee the enforcement of the minimum wage that will be prescribed. The committee will have the function of routinely enquiring from lawyers if their firms are paying the established minimum wage.
Taidi, quite simply stated that efforts will be “galvanized to enhance adequate remuneration” with no expressed strategies on how this will be achieved.
3. Administration of justice
Akpata’s administration has held various town hall meetings aimed at providing practical solutions to the justice delivery system in Nigeria. One of these was the inaugural Justice Sector Summit held in January 2022. The summit was focused on devising practical solutions for the improved performance, accountability, and independence of the justice sector in Nigeria with a view to providing recommendations that are practicable.
On this score, Gadzama, SAN advocates a technologically inclined judiciary for speedy justice delivery.
Similarly, Taidi intends to lead the charge for an increased ICT-compliant system, where the courts are fully digitized. He also advocated that there should be a minimum of thirty-seven (37) judges of the Supreme Court to handle appeals. This number is to be representative of the 36 states of the Federation and the FCT.
Maikyau, SAN insists that a reformed Bar and Bench relationship is the way to go. He says that fostering cooperation among lawyers and judges allows for a quick dispensation of justice, and added that he would pursue the discipline of members who deliberately frustrate judicial proceedings.
4. Inclusivity at the Bar
Gadzama, SAN as part of his mandate for inclusivity at the Bar, called for the inclusion of the Chairperson of the NBA Young Lawyers Forum as a statutory member of the NEC. He also proposes a Students’ Wing of the NBA which would allow law students to be part of the activities of the NBA. And as earlier stated, he plans to ensure the inclusion of lawyers with disabilities through the proper equipping of courts and legal venues.
Maikyau, SAN intends to promote the collective interest of the Bar through the different fora and interest groups within the NBA such as the Women’s Forum, Young Lawyers Forum, Lawyers with Disability, Lawyers in the Military, and Legislative Lawyers. He also advocates mentorship for lawyers one to five years post-call.
Taidi proposes the strengthening of the branches and the prompt disbursement of a 10% welfare grant to branches for welfare purposes. He also canvasses the engagement with critical fora of the NBA, in his case, the Academic Forum, Women Forum, Young Lawyers Forum, and in-house counsel, among others.
Thoughts and Conclusion
One of the hallmarks of good governance is continuity in policies, programs, and projects, especially those that are developmental and progressive. The Akpata administration, according to the aspirants, has set a good foundation for consolidation for any person who eventually emerges as the next president, thus, it is good that the aspirants have focused their mandates on ensuring sustainability in the achievements of the Akpata administration, especially in the areas of remuneration and welfare of lawyers and the administration of justice.
The learned silks both proposed the introduction of a minimum wage for lawyers across the country. While this may be a good way to address the issue, due consideration must be given to the challenges that heretofore impeded its success, in particular, the disparity in the earning powers of different law firms. There must be clearer ways of bridging the disparity. For instance, the Akpata administration’s proposition of the expansion of the powers of the LPRC could be built upon. Consolidating the achievements of the outgoing administration in this area and providing solutions to the challenges faced seems to be a surer pathway, and will be great leverage for the success of the next president.
Also, on the issue of the administration of justice, the digitization of the courts is a step in the right direction. Leveraging technology for court processes, proceedings, and a host of others will go a long way in easing the pains of justice administration. Furthermore, increasing the manpower in courts, as Taidi proposed, will help to increase efficiency in courts as there will be more hands to speedily dispense justice to the multitude of cases before the courts.
On the issue of inclusivity at the Bar, the engagement of the various fora and sections of the NBA highlighted by the candidates is pertinent in ensuring a diverse Bar. The point of including law students in the activities of the NBA is also an initiative that has not been tested before and may be worth the try.
The candidates indeed have great thought-out plans if they are elected. However, on an inspection of the manifesto laid out by the candidates, Gadzama and Maikyau seem to have clear thoughts on improving upon the current administration while tackling the remaining challenges, albeit, with different strategies.
According to a poll by BusinessDay conducted between July 8 – 11, it seems the electorate agrees. The results of the poll “Who should be the next president of the Nigerian Bar Association?” shows Gadzama, SAN as the preferred candidate polling 58 per cent of the votes. Next up is Maikyau, SAN polling 36 per cent and Taidi at a lagging 6 per cent.
This poll came after the Presidential Debate and Manifesto Day; still, curves do happen. We await the outcome of Saturday’s elections to learn who will emerge as the next NBA President. Best of luck to the candidates!
