NBA to sanction sanction lawyers who disparage Judges
ATTEMPTS TO INTIMIDATE
OR INFUSE FEAR INTO THE JUDICIARY
NEC noted with concern the worrisome trend of disparaging
the judiciary and judicial officers by the political class and other
disgruntled persons in the course of the performance of their judicial duties
in an attempt to malign, intimidate them and infuse fear. NEC resolved that any
member of the NBA involved in such unprofessional conduct should be sanctioned.
NEC restated the independence of the Judiciary and called on
all the other arms of Government to ensure that the Independence of the
Judiciary is maintained and observed at all times. NEC resolved that the NBA
shall continue to uphold and safeguard the Integrity of the Judiciary and shall
rise to the defence of the Judiciary whenever Judicial Officers are unfairly
attacked by the political class and other members of the public.
DELAY BY FEDERAL AND STATE GOVERNMENTS IN PROMPTLY PAYING
THE SALARIES OF JUDICIAL OFFICERS AND STAFF
NEC noted that the Federal and some State Governments are
unduly delaying the payment of the salaries and allowances of judicial officers
and staff. This is a worrisome development in view of the losses suffered by
the nation as a result of the last Judicial Staff Union of Nigeria [JUSUN]
industrial action in 2015.
NEC reiterated the need for full compliance with the
provisions of the Constitution on the financial autonomy of the Judiciary in
order to ensure the independence of the Judiciary and to prevent unnecessary
interference in their affairs by the other arms of Government.
NEC resolved that the Federal and State Governments should
as a matter of urgency set up measures to tackle issues of non-payment of
salaries and allowances of judicial officers and staff and to take robust steps
to ensure full compliance with the constitutional provisions on judicial
autonomy.
JUDGMENTS BY ELECTION PETITION TRIBUNALS AND APPELLLATE
PANELS
NEC commended the judiciary for their efforts in resolving
election matters timeously. NEC noted that the judiciary applied its best
efforts but conceded that certain things could have been done a lot better.
NEC noted with concern the several instances of conflicting
judgments and failure to abide with laid down judicial precedents by some
Tribunals and Appellate Panels. NEC also noted the role of NBA members in the
Election Petitions/Appeals and the need for there to be a remarkable
improvement in the professional conduct of Lawyers handling Election
Petitions/Appeals.
NEC resolved that all those who were responsible for these
obviously avoidable blemishes on the judiciary and the entire legal industry
should be sanctioned to prevent them from causing grave harm to the fabric of
the legal profession.
THE APPOINTMENT OF JUSTICES OF THE SUPREME COURT
NEC commended the Chief Justice of Nigeria for amending the
Guidelines for the Appointment of Justices of the Supreme Court to include
appointments of deserving Senior Advocates of Nigeria.
NEC noted that despite the impeccable records and deep
knowledge of the law of NBA nominees, the final decision was based on number of
judgments delivered when it is a known fact that lawyers do not write
judgments.
NEC urged the Chief Justice of Nigeria to initiate a
holistic review of the appointment guidelines to accommodate lawyers as doing
so will inject new blood and improve efficiency of the Supreme Court.
THE DUTY OF LAWYERS TO REPRESENT CLIENTS WITHOUT
DISCRIMINATION
NEC noted with displeasure the steps taken by certain
overzealous operatives of Government hiding under the guise of fighting
corruption and criminality to apply unlawful techniques in harassing and
intimidating lawyers in the course of their legitimate work.
NEC declared such unlawful practices by these overzealous
operatives of Government as totally unacceptable and morally reprehensible.
NEC further noted that the investigation and/or prosecution
of corruption cases will be a sham if the agencies involved in the
investigation and prosecution enjoy the services of lawyers, but the accused
persons are denied access to counsel of their choice.
NEC stated that lawyers carrying out their legitimate duties
of representing their clients within the ambit of the law cannot be wrongly
classified as persecuting or aiding corruption. Our law provides for the
presumption of innocence until proved guilty.
NEC resolved that lawyers will continue to offer their legal
services to all clients in accordance with law and in compliance with the Rules
of Professional Conduct for Legal Practitioners.
NBA ANTI-MONEY LAUNDERING AND ANTI-TERRORISM FINANCING
GUIDELINES
NEC noted that lawyers play a significant and independent
role in the administration of justice as well as in ensuring lawful compliance
by persons and entities involved in commercial and financial activities.
NEC resolved that in furtherance of the commitment of the
NBA to effectively combat corruption, NBA shall put in place anti-money
laundering and anti-terrorism financing guidelines to be observed by law firms
and lawyers in Nigeria which shall be known as The NBA Anti-Money Laundering
and Anti-Terrorism Financing Guidelines.
DISCIPLINE AT THE BAR
NEC warned lawyers to desist from making disparaging
comments against the Court simply because the Judgments were not in their
favour. All lawyers must imbibe the practice of decorum and civility while
commenting on a judicial pronouncement.
NEC restated NBAs commitment to deal with all cases of
professional infractions and misconduct with dispatch.
CORRUPTION
NEC restated the support and commitment of the NBA to the
zero tolerance for Corruption policy of the Federal Government and restated
NBAs undertaking to work with the FGN and all willing FGN Agencies in the
battle to kill corruption before corruption kills Nigeria.
NEC also stressed that the war against corruption must be
fought within the ambit of the law and rule of law must at all times be given
primacy. The war against corruption can only be won within the ambit of the
law.
THE DECLINE IN THE VALUE OF THE NAIRA
NEC noted with grave concern the dire straits of the
Nigerian economy with particular emphasis on the depreciation of the Naira
against other international currencies thereby causing serious panic in the
Nigerian Stock market.
NEC noted that the fluctuating exchange rate of the US
Dollar to the Naira in an import based Country such as ours is extremely
dangerous.
NEC resolved that the Federal Government should formulate
policies and initiate measures to salvage the value of the Naira and to reflate
the economy to reduce the hardship currently faced by millions of Nigeria.
ELECTRICITY PRICING CONTROVERSY
NEC noted the current controversy on electricity pricing and
the resolution of the Senate directing NERC to suspend any proposed increase in
the electricity tariffs. NEC urged all concerned parties to amicably resolve
the controversy in the interest of all Nigerians. The rights of electricity
consumers to a fair and reasonable tariff mechanism and the rights of Investors
in the Power Sector as determined by our extant laws must be protected at all
times.
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