NBA Pushes Reforms to Address Delays, Injustice, and Security Concerns in Legal Sector

NBA Pushes Reforms to Address Delays, Injustice, and Security Concerns in Legal Sector
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Solutions for Stamp Production Delays: In response to delays in producing and distributing lawyer stamps, the NBA convened an emergency meeting on September 9, 2024, bringing together the NBA National EXCO, 130 branch Chairmen, and Secretaries.

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In line with the resolution of the meeting, the NBA has renegotiated a new agreement with the producers of the Stamp. Branches have also been directed to compile a list of members with stamp delivery issues for immediate attention via stampsupport@nigerianbar.org.ng

NBA Holds Governments Accountable: Mazi Afam Josiah Osigwe, SAN, assures Nigerians that the NBA will drive government accountability, ensuring policies align with citizens’ calls for justice, human rights, transparency, and good governance. #Accountability #JusticeForAll

NBA Annual General Conference in Rivers State – August 2025! The NBA is thrilled to announce its upcoming Annual General Conference in Rivers. With a 20% fee reduction for young lawyers, we’re making this a more inclusive and accessible event for all! #NBARivers2025 #YoungLawyers
NBA Defends Peaceful Protesters’ Rights:

Standing against intimidation, the NBA launches pro bono support for #EndBadGovernance protesters facing trial. All branches will monitor these trials to ensure due process and justice prevail. #HumanRights #JusticeForAll

The NBA criticizes the recent lack of police security during Rivers’ local elections and addresses “judicial rascality” in conflicting court orders. Security is a constitutional duty! #ElectionJustice #GoodGovernance

Justice for All Ages: NBA Condemns Detention of Minors: 32 minors detained after #EndBadGovernance protests are facing abuse, and the NBA demands immediate reform of the juvenile detention system. Every child deserves fair treatment and protection. #JuvenileJustice #HumanRights

NBA President Pushes for LPDC Rule Reforms: Mazi Afam Josiah Osigwe, SAN, has sent a memo to the Body of Benchers to advocate for prompt investigation timelines and restore the NBA’s investigatory powers in professional misconduct cases. #RuleOfLaw #EthicsInLaw

The NBA will rigorously enforce Rule 12(1), requiring practicing certificates only for lawyers who meet BPF and CPD standards. Ensuring professional growth and integrity across the profession. #ProfessionalStandards #CPD

The NBA President has requested NEC’s approval to appoint prosecutors for LPDC cases, reinforcing our commitment to ethical standards and disciplinary action where needed. #LegalEthics #JusticeSystem

To bring justice closer to lawyers nationwide, the NBA President is advocating for the creation of Disciplinary Panels across Nigeria’s six geo-political zones. Awaiting NEC approval! #EthicsInLaw #LegalDiscipline

Utilizing NBA Assets for Growth: President Osigwe, SAN, seeks NEC approval to lease vacant NBA House floors and rent out the former NBA Secretariat. This initiative aims to maximize NBA resources for the profession’s benefit. #ResourceManagement #NBAGrowth

The NBA President requests NEC approval to form new standing and ad-hoc committees and fill General Council of the Bar vacancies for the East and North. #Leadership #Governance.

NBA President’s address on the state of the nation:

Trial of minors for treason
The recent trial of some minors for alleged involvement in Nigeria’s #EndBadGovernance protests, which turned violent has drawn attention to the failure to provide juvenile detention facilities for such minors as well as the imperativeness of keeping such persons under humane conditions.

The physical state of the minors and the stringent bail conditions imposed on the defendants including the children, bring to the fore systemic issues within Nigeria’s criminal and juvenile justice system and the need for reforms and enlightenment of police and the judiciary on the need to protect child rights in compliance with both national and international human rights standards.

Many safeguards that ought to have been taken into consideration in the arrest, detention, treatment, and charging of these minors by both the police and the court were ignored. This therefore cast doubts as to whether the children can get fairness and justice from the police and court under the circumstances.

The country must take immediate remedial action to ensure that children are not unfairly subjected to extreme violations of the right to dignity of the human person and other inhuman treatment as well as slammed with charges like treason, which carry heavy penalties generally reserved for adult offenders accused of severe crimes against the state.

We, therefore, call for a reassessment of the appositeness of the charges, the combination of adults and children in the same charges, the venue of the trial of adults and children, the length of adjournment, the venue of the incarceration of the children, the onerous bail conditions, the health and nutrition of the children and a mass of other contemplations contained in the law concerning the treatment of Children when in conflict with the law.

NBA Dangers of Holding Charge

Many suspects in Nigeria suffer prolonged detention without trial due to the misuse of “holding charges” by law enforcement. The NBA emphasizes that this practice circumvents constitutional protections against indefinite detention and calls for compliance with the Administration of Criminal Justice Act (ACJA), which limits remand orders to 14-day intervals pending formal charges.

NBA branches are to work with the Chief Judge of each state to ensure that no court, particularly magistrate courts, makes a remand order without taking steps to ensure that a charge is filed against a person to whom the order is made or that such a matter is periodically reviewed to avoid prolonged incarceration without trial or any charge being filed.

The point must therefore be made that the practice of Holding Charge in the Nigerian Criminal Justice system is not an invention of law but an ingenuity created by Prosecutors to circumvent the provisions of Section 35(4) and (5) of the Constitution of Nigeria (CFRN, 1999 as amended). We have a bounden duty to insist on compliance with the law in this regard to avoid the court’s abuse of power to remand pending the filing of a charge.

Failure of Chief Magistrates and Judges to perform the duty of visiting police stations and Other Detention Facilities in the Country
It is believed that thousands of citizens are suffering in unlawful custody in many detention facilities/centres in all the States of the Federation.

The Association no doubt has a crucial role to play in monitoring and ensuring that the requisite authorities carry out their statutory duties of inspecting Police Stations and other detention facilities in the various States of Nigeria and the FCT.

The members of the Human Rights Committees of all the branches of the Nigerian Bar Association MUST put in place measures not only to ensure that Chief Magistrates and Judges perform the duty of visiting police stations and other detention facilities in the country but also accompany Chief Magistrates and Judges to visit police stations and other detention facilities in the country.

Need for each Police Divisions in Nigeria to have assigned to them at least a Police Officer who is a Legal Practitioner. The Nigerian Bar Association shall, as a matter of urgency, prevail on the Police Service Commission to employ and assign a legal practitioner to monitor the observance of human rights in each of the 5,000 police stations in Nigeria in accordance with section 66 of the Police Establishment Act, 2020.

“Closure” of Enugu, Owerri, and Awka Divisions of the Court of Appeal
The Court of Appeal, Owerri Division recently announced a temporary closure to lawyers and litigants from Monday, October 28th, to Friday, November 1st, 2024, due to security concerns.

The closure has equally affected the Enugu and Awka Divisions of the Court leaving lawyers and litigants who may have urgent applications or whose matters are due for hearing at a loss about what to do.We therefore remind the Governors of the south-eastern states that the primary purpose of the government is the security and welfare of the people.

We respectfully urge the Governors to assert the authority of the state and ensure by their words and actions that the security of lives and property of the people, particularly that of judicial officers who man various courts in the region are guaranteed. They must show the ability of the states not only to govern but to protect and secure the people. The south-east cannot afford to have the three divisions of the Court of Appeal shut down. All hands must be on deck to do the needful to ensure that these divisions of the Court function.

NBA: Crackdown on Peaceful Protesters
There is a need to emphasise the need to respect the right to peaceful protests. It is important to acknowledge the growing calls from citizens for better governance, accountability, and respect for human rights.

The NBA stands firmly in support of the principles of democracy, freedom of speech, and peaceful assembly, which are enshrined in our Constitution. We call on law enforcement agencies to exercise restraint and uphold the law by ensuring that citizens are free to express their views peacefully. In light of this, the NBA reaffirms its commitment to protecting the fundamental rights of all Nigerians.

Proposed Constitutional Amendment to take away the powers of the National Judicial Council (NJC) to make recommendations to the Governor for the appointment of judicial officers of the State High Court, Sharia Court of Appeal, and Customary Court of Appeal.

We are therefore of the view that these powers should NOT be taken away from the NJC. If one can conjecture from the ways the State Governors have largely emasculated the Local Government system by ensuring that they are denied democratic government as well as their financial autonomy despite clear Constitutional safeguards backed up by judicial decisions, one will be right in concluding that Governors would abuse the power and make the State Judiciary an appendage of the Executive.

Fuel Price Hike- Nigerian Government Must be Sensitive to Plight of Nigerians
The recent increase in the price of Premium Motor Spirit (PMS) by the Nigerian National Petroleum Company Limited (NNPCL) continues to have severe effects, with fuel prices affecting supply and logistics, power generation, transportation, and factory operations.

We therefore call on the government to immediately take steps to reverse or stop this continuing increase and urgently implement measures that cushion the effect of rising fuel prices. This should include investment in local refining capacity, public transportation, reduced taxation of the income of low-income earners, repair of public roads, improved security so farmers can farm and evacuate their farm products, transparent fuel pricing mechanisms, and broader economic policies aimed at reducing poverty and providing sustainable solutions to Nigeria’s energy challenges.

NBA: Oil Theft In Nigeria
Crude oil theft in Nigeria is an issue with far-reaching implications for the nation’s economy, politics, and society. This problem is not just about the theft of a valuable resource but reflects deeper fundamental issues within the country’s leadership and governance.

Despite being a major oil producer, Nigeria suffers from rampant oil theft due to inadequate enforcement of security measures and regulatory policies, corruption, and a lack of political will. The NBA has a role to play in this regard. The NBA Branches in the oil-producing areas should embark on advocacy work to help stem this activity that does Nigeria no good.

NBA Demands Reforms: Accountability in Government, Justice for Minors, and Tackling Oil Theft in Nigeria. See highlights:

NBA Stamp Production Delays

Due to delays in the production and distribution of lawyer stamps, the NBA convened an emergency meeting on September 9, 2024, with the NBA National EXCO, 130 branch chairpersons, and secretaries. Following the meeting, the NBA renegotiated an agreement with stamp producers. Branches have been directed to compile a list of members with unresolved stamp delivery issues for immediate action via stampsupport@nigerianbar.org.ng.

NBA on Accountability and Governance

NBA Holds Governments Accountable: Mazi Afam Josiah Osigwe, SAN, assures Nigerians of the NBA’s commitment to ensuring that government policies align with justice, human rights, transparency, and good governance. #Accountability #JusticeForAll

Fuel Price Hike: The NBA calls on the government to address the rising fuel prices, which have affected logistics, power generation, and transportation. Recommended measures include investment in local refining, public transportation, reduced taxes for low-income earners, and broader economic policies aimed at poverty reduction and energy sustainability.

Oil Theft: The NBA urges branches in oil-producing areas to advocate against oil theft, a practice that harms Nigeria’s economy and reflects issues within national governance.

NBA Annual General Conference – Rivers State 2025

The NBA’s Annual General Conference will take place in Rivers State in August 2025. To enhance inclusivity, young lawyers will receive a 20% fee reduction for attendance. #NBARivers2025 #YoungLawyers

Protection of Human Rights

Defending Peaceful Protesters: The NBA has launched pro bono support for #EndBadGovernance protesters facing trials to ensure due process and justice. All branches will monitor these trials. #HumanRights #JusticeForAll

Juvenile Justice Reform: The NBA condemns the detention of minors arrested after protests, calling for urgent reforms in Nigeria’s juvenile justice system to ensure humane treatment and fair trials for children. #JuvenileJustice #HumanRights

Right to Peaceful Protest: The NBA reaffirms support for citizens’ constitutional right to peaceful assembly and calls on law enforcement to exercise restraint.

Criminal Justice Reform

Against the “Holding Charge” Practice: The NBA stresses that the “holding charge” practice undermines constitutional protections. NBA branches will work with state Chief Judges to ensure compliance with the Administration of Criminal Justice Act (ACJA), which mandates that remand orders be reviewed every 14 days.

Inspection of Detention Facilities: The NBA calls for Chief Magistrates and Judges to regularly inspect police stations and detention facilities nationwide. Human Rights Committees in all NBA branches are instructed to support this effort.

Assignment of Legal Officers to Police Divisions: The NBA advocates for the assignment of legal practitioners to each of Nigeria’s police stations to oversee human rights compliance.

Court Operations in the Southeast

The temporary closures of the Court of Appeal in Enugu, Owerri, and Awka due to security concerns have left litigants and lawyers at a disadvantage. The NBA calls on Southeast governors to secure court facilities and guarantee the safety of judicial officers to ensure these critical courts resume operations.

Professional Standards and Discipline

LPDC Rule Reforms: NBA President Osigwe has submitted a memo to the Body of Benchers to propose prompt investigation timelines for professional misconduct cases, as well as the restoration of the NBA’s investigatory powers.

Enforcement of Practice Requirements: The NBA reiterates that only lawyers meeting mandatory CPD and BPF requirements will receive practicing certificates. #ProfessionalStandards #CPD

Decentralizing Disciplinary Panels: To ensure access to justice, the NBA is advocating for Disciplinary Panels across Nigeria’s six geo-political zones. NEC approval is pending.

Appointment of LPDC Prosecutors: The NBA has requested NEC’s approval to appoint prosecutors for LPDC cases, reinforcing the commitment to ethical standards and disciplinary actions.

Resource Management

Utilizing NBA Assets: NBA President Osigwe has proposed leasing vacant NBA House floors and renting the former NBA Secretariat to maximize resource utilization for the profession’s benefit. #ResourceManagement #NBAGrowth

Filling Bar Vacancies and Forming Committees: The NBA seeks NEC approval to fill vacancies on the General Council of the Bar for the East and North and to form new standing and ad-hoc committees as needed.

This summary highlights the NBA’s active role in advocating for justice, human rights, professional standards, and government accountability, reflecting its commitment to the legal profession and Nigeria’s broader society.

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