The crisis rocking the Nigerian Bar Association (NBA) has continued to deepen, as its former secretary general, Nimi Walson-Jack, challenged his recent suspension as unlawful, saying that such dictatorial action cannot stand.
The former scribe, in a statement, alleged that the National Executive Committee (NEC) of the NBA has colluded with the leadership to punish him for representing persons whose activities are contrary to the interests of some persons in leadership positions.
He said: “The NBA-NEC’s resolution to punish me for representing the promoters of the new law society is a return to the dark ages of socialism and communism, when governments sanctioned and jailed lawyers for representing persons whose activities were considered contrary to those of the political leadership.
“This infamous resolution would win a gold medal in the coven of dictators, not in the assembly of lawyers in defence of democracy and rule of law. It is an affront to the right of lawyers to represent diverse interests of their law-abiding clients.”
According to him, the leadership of the NBA, by its resolution, breached its constitution, his fundamental right to a fair hearing, and the right of his clients to counsel of their choice.
The President of the NBA, he stated, was the accuser, persecutor, prosecutor and judge in his cause.
“It is interesting to note that a weighty issue like the suspension of a past general secretary from the decision-making body of the Association, was not listed on the Agenda for the Meeting, which was circulated in the morning of the meeting.
“I was neither informed of any complaint against me by any person, lawyer, non-lawyer nor asked to respond to any complaint or allegation bordering on my representation as a solicitor of the interests of my clients, the promoters of a new law society, who are citizens of Nigeria and distinguished lawyers.
“In the haste to condemn, the leadership of our Bar acted without observance of the basic procedure of listening to the other party. The President and the NEC did not invite me and did not hear from me before taking a decision that has tainted the image and reputation of the NBA. No opportunity was given to me to make a presentation before a penalty for a non-existent offence was imposed on me.
“For the avoidance of doubt, there is no provision in the Constitution of the NBA that prohibits a lawyer and member of the Association from supporting, advocating, defending, promoting, or representing the promoters for the establishment of another Association of lawyers in Nigeria. No offence was committed in my representation of the promoters of a new law society,” he said.
The lawyer maintained that the right of every person to counsel is a fundamental principle of the rule of law enshrined in global conventions, treaties, protocols, national legislations and Rules of Professional Conduct (RPC).
By Rule 24(1) of the RPC 2007, a lawyer in Nigeria, he stressed, must accept any brief, provided that the appropriate professional costs are paid or agreed upon.
In paragraph 2.1(e) of its communiqué issued on December 15, 2022, and signed by the NBA president, Yakubu Chonoko Maikyau (SAN) and Daniel Ka-ayii Kip, its Assistant General Secretary, the body stripped him of privileges as past general secretary and suspended him from being a member of the NEC of the Association.
