REINVENTING THE NIGERIAN BAR ASSOCIATION: URGENT IMPERATIVES FOR REFORMATIVE AND CARING LEADERSHIP

By Dr. M. O. Ubani, SAN

Legal Practitioner and Public Policy Analyst

Across both virtual and physical platforms, a resounding consensus has emerged among Nigerian lawyers: the leadership of the Nigerian Bar Association (NBA) has not adequately addressed the prevailing concerns that affect the welfare, dignity, and professional advancement of its members. This sentiment continues to deepen, particularly among practitioners in the public sector and those navigating the increasingly harsh realities of legal practice in Nigeria.

One enduring grievance is the stagnation in the entry point and career progression of lawyers within the Nigerian Civil Service. While medical doctors, engineers, and other professionals have successfully negotiated improved placements and remuneration for their members, the NBA has failed to secure similar reforms for its own. Even more disheartening is the continued exclusion of public sector lawyers from contesting certain NBA offices, a restriction unjustly justified by the fear of compromise or victimisation. Yet, the Trade Union Act, which governs and protects professional associations, guarantees immunity from such interferences.

Another sore point is the NBA’s perceived detachment from the everyday challenges faced by its members within the judiciary. Many lawyers are subjected to institutional indignities: arbitrary filing fees, extortionate practices at court registries, unjustified punitive actions by court staff, and near-impossible hurdles in post-judgment enforcement. These are not isolated complaints, they are systemic failings. Yet, the Bar remains alarmingly silent, leaving its members vulnerable and disillusioned.

The National Industrial Court, once praised for its efficiency, has also fallen into procedural disrepair. Delays in filing, service, and case assignment now mirror the dysfunction evident in many State High Courts and the Federal High Court. These inefficiencies not only frustrate the delivery of justice but also exacerbate the economic hardship of litigation lawyers, many of whom are now sliding into professional poverty. Again, the NBA’s intervention remains absent.

A glaring omission is the exclusion of the Nigerian Law School from TETFund patronage. While institutions like the Nigerian Defence Academy have begun to enjoy the benefits of this fund, law school campuses remain underfunded and burdened by unsustainable fees. That the NBA has neither advocated nor petitioned for this inclusion is both baffling and disappointing.

Most alarming is the consistent harassment, intimidation, and sometimes arrest of lawyers by security agencies while carrying out their professional duties. This is not just a violation of the rule of law,  it is an assault on the very foundation of justice. The NBA’s muted response to these abuses signals a worrying abdication of responsibility. One must question, for instance, why lawyers are barred from entering certain security agency premises with their phones,  a barbaric and unconstitutional practice that ought to be legally challenged and reversed by a proactive NBA.

Equally troubling is the distressing experience of lawyers whose appeals are pending before the Court of Appeal or Supreme Court. Whether filing fresh appeals or defending hard-earned victories, the wait time before a case is listed for hearing is nothing short of agonizing. At the Court of Appeal, the earliest window is typically six to seven years, while at the Supreme Court, it is eight to ten years, if not longer.

How can lawyers sustain legal practice under such an excruciating environment? What becomes of litigants whose hope for justice is either dashed by death or destabilized by endless delays?

The economic implications are equally severe: investors are discouraged, and business confidence eroded, contributing to the stagnation of the Nigerian economy. And yet, the NBA has remained largely unperturbed.

If those in leadership and those aspiring to lead the NBA are not disturbed by these harsh realities, then they have no business seeking to manage the affairs of the largest professional body in Africa, if not the world.

Attention is urgently required to address these issues and salvage both the legal profession and the Nigerian judiciary from public opprobrium and eventual collapse.

However, it is not all bleak. The NBA’s recent push for a harmonised and realistic scale of fees in property documentation and conveyancing is laudable. If effectively implemented across jurisdictions, this reform could enhance the earnings and dignity of lawyers involved in property transactions.

It is important to also commend the current leadership of the NBA under Mazi Afam Osigwe, SAN. His emergence has demonstrated a clear capacity to steer the Bar in the right direction. In just one year in office, his administration has yielded visible fruits of effective leadership, which have not gone unnoticed by knowledgeable members and respected leaders of the Bar. His proactive style, accessibility, and understanding of the pulse of Nigerian lawyers are worthy of applause.

That said, this write-up is not to diminish the achievements already recorded under his leadership. Rather, it is an earnest appeal to him to use the remaining one year of his tenure to confront and possibly resolve the pressing issues enumerated above. We believe strongly that he will succeed, if he channels his energy toward these matters, as the seasoned and responsive Bar leader we know him to be.

In conclusion, the NBA must urgently reorient its vision and reimagine its leadership ethos. A deliberate, sustained, and courageous engagement with the real issues confronting Nigerian lawyers is no longer optional, it is imperative. We need a Bar that is not only visible during conferences and elections, but also present, vocal, and protective in the trenches of everyday legal practice.

The future of the legal profession depends on a Bar that is vibrant, inclusive, assertive, and unapologetically committed to the cause of its members.

The time to act is now!