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The Nigerian Bar Association (NBA) is ready to start the method of delisting a parallel organisation of legal professionals, the Legislation Society of Nigeria (LSN), on the portal of the Company Affairs Fee (CAC), a authorities company saddled with the duty of registering companies, corporations and different company entities.
Nevertheless, legal professionals have advised PREMIUM TIMES that the transfer might impinge on the suitable to freedom of affiliation entrenched within the structure. They mentioned the legality of such motion might should be examined in courtroom.
The NBA took the choice to take step in opposition to the LSN at its quarterly Nationwide Government Committee (NEC) assembly held on 15 December, 2022 in Abuja.
The decision of the NBA’s NEC assembly is contained in a communique collectively signed by the affiliation’s President, Yakubu Maikyau, and its Assistant Secretary Normal, Daniel Kip.
The NBA mentioned it was shocked to study of an try by some senior members and former leaders of the bar attempting to determine an “unknown” parallel physique of legal professionals.
The communique acknowledged that the NBA, by way of its NEC, determined to sanction any of its members supporting one other affiliation both utilizing a brand new identify or the LSN.
The NEC added that the NBA, resolved to mandate the NBA President to start technique of the delisting of the LSN by the Company Affairs Fee.
“NEC receives with dismay the report of the try to register a parallel physique of legal professionals as a substitute for the Nigerian Bar Affiliation and frowns on the involvement of some senior members of the Bar and previous leaders of our pricey Affiliation within the registration technique of the choice physique.
“NEC categorically resolves that the Legislation Society of Nigeria (LSN), a physique so registered, is unknown to members of the Bar and mandates the NBA President to start processes for the delisting of the LSN by the Company Affairs Fee.
“NEC additional resolves to sanction all members of the Bar searching for to advertise or register a brand new legal professionals’ affiliation, whether or not utilizing a brand new identify or an outdated registered Legislation Society of Nigeria (LSN).”
Background
There have been controversies over the registration and formation of a brand new affiliation of authorized practitioners, which is totally different from the NBA, the Legislation Society of Nigeria.
The brand new affiliation is reported to be led by Kunle Ogunba, a Senior Advocate of Nigeria.
In a earlier interview with PUNCH, one of many founders of the LSN blamed the NBA’s negligence of members’ welfare for the emergence of the factional group.
However a former NBA President, Olisa Agbakoba, a Senior Advocate of Nigeria (SAN), had mentioned that the group was a mere resurgence of the Legislation Society of Nigeria, which was first established in 1994 when the previous navy president of Nigeria, Normal Ibrahim Babangida, was harassing the NBA.
“The Legislation Society of Nigeria was established in 1994 when Babangida was harassing the NBA and we couldn’t function, so we now attempt to use the identify Legislation Society of Nigeria to proceed to practise our occupation. However shortly after, the NBA resurrected and got here again, so it was one thing we fully forgot.
“My level is that even this Legislation Society of Nigeria was established by the NBA, for a selected goal when IBB compelled us to go underground. So I don’t fairly perceive how the current officers can declare to be those that characterize the regulation society of Nigeria when they don’t seem to be,” Mr Agbakoba advised the PUNCH final month.
In the meantime, Mr Ogunba didn’t reply to calls and textual content messages despatched to his identified quantity, for feedback.
Additionally, the LSN publicity Secretary, Douglas Ogbanakwa, declined to talk when contacted by our reporter on Saturday. He initially requested to talk together with his superiors earlier than talking on the matter.
However on Monday when reminded, Mr Ogbanakwa mentioned the LSN wouldn’t be talking.
“No remark now. That’s the instruction,” he mentioned.
NBA’s transfer could also be examined in courtroom — Legal professionals
Inibehe Effiong, a human rights lawyer, advised PREMIUM TIMES in an interview that it isn’t sure if NBA membership deprives Nigerian legal professionals of belonging to or forming one other affiliation of legal professionals.
“Whether or not membership or the existence of the NBA and affiliation of all registered legal professionals in Nigeria routinely deprives all authorized practitioners of belonging or forming an affiliation aside from the NBA is lawful is debatable already.
“As a result of even throughout the authorized occupation and the NBA, there are additionally different our bodies and teams which might be recognised by the NBA, for instance, the Younger legal professionals’ Discussion board, Worldwide Federation of Girls Legal professionals (FIDA), Christian Legal professionals Affiliation of Nigerian, and the Muslim Legal professionals Affiliation and the physique of senior advocates of Nigeria together with a number of different our bodies.
Whereas Mr Effiong famous that the LSN physique was integrated a number of years in the past and has not been lively, he mentioned the LSN was revived by some members of curiosity throughout the NBA to pursue an agenda that’s not within the curiosity of the company nature and oneness of the NBA.
Mr Effiong mentioned the validity of the LSN as a physique within the NBA could be examined in courtroom, citing part 40 of the Nigerian structure that protects the suitable to freedom of affiliation.
“I’m not certain whether or not the NBA can by itself bar different authorized practitioners from forming an affiliation unbiased of the NBA. I’m not certain about that. And I feel it’s a matter that must be examined in courtroom.”
Corroborating Mr Effiong’s stance, one other lawyer, Abdulbasit Suliaman, mentioned no organisation has the suitable to cease the formation of an affiliation.
“No explicit organisation or authorities parastatal has the suitable to cease a bunch of individuals from becoming a member of or forming an affiliation so far as it isn’t in contravention with the provisions of the structure,” he advised PREMIUM TIMES.
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