*Says process violates rule of law, depicts NBA as group of dictators
A former General Secretary of the Nigerian Bar Association (NBA), Mr. Nimi Walson-Jack has faulted his suspension as a member of the NBA National Executive Council (NBA-NEC), saying the infamous action is a clear violation the NBA Constitution and also breached his right to fair hearing.
Walson-Jack was suspended following the resolution of the NBA-NEC during its last quarterly meeting in Abuja for acting as a to the promoters of the new Law Society.
But faulting his suspension in a statement made available to TheIdeal News on Thursday, Walson-Jack said, “Both the process and substance of arriving at the resolution to sanction me have shown the NBA as being anti-Rule of Law and earned our previously esteemed Association a place in the hall of infamy of dictators and anti-Rule of Law elements who abound in mushroom organizations across Nigeria and the World.”
Listing what he described as “Litany of violations,” the former NBA General Secretary said: “The leadership of the NBA, by its resolution, breached the Constitution of the NBA, my fundamental right to a fair hearing, and the right of my Clients to Counsel of their choice. The President of the NBA was the accuser, persecutor, prosecutor, and Judge in his cause.”
He also stated that the NBA-NEC “has no power to suspend, expel or remove a statutory member like me unless the Constitution is amended, an exclusive preserve of the Annual General Meeting,” adding that “The leadership of the NBA, by its resolution, breached the Constitution of the NBA, my fundamental right to a fair hearing, and the right of my Clients to Counsel of their choice. The President of the NBA was the accuser, persecutor, prosecutor, and Judge in his cause.”
Walson-Jack also said that “the leadership of the Bar led by a Senior Advocate of Nigeria was blinded by dislike or hate of my person” in the resolution to suspend him and urged that international lawyers’ organizations, members of the legal profession in Nigeria and abroad, the Nigerian judiciary, the media and Nigerians “must begin to question the commitment of the leadership of the Nigerian Bar Association to promote the Rule of Law.”
The statement reads in part: “The Nigerian Bar Association at the last meeting of its National Executive Council held on Thursday, December 15, 2022, in Abuja, Nigeria, deliberated on a crackdown on members of the Legal Profession who are advocating and championing the formation of a new Professional Association for Lawyers in Nigeria and resolved to take punitive measures against them.
“In paragraph 2.1(e) of its Communique issued on 15th December 2022, and signed by Messrs. Yakubu Chonoko Maikyau, SAN, and Daniel Ka-ayii Kip, its President, and Assistant General Secretary, respectively, the NBA stated “NEC particularly resolves that a past General Secretary, Mr. Nimi Walson-Jack, who acted as a Solicitor to the promoters of the new Law Society be stripped of his privileges as past General Secretary and consequently, be suspended from being a member of the National Executive Council (NEC) of the Association.
“The communique is clear on the fact that the reason for punishment (if it could be called that) is for discharging a professional duty to provide legal services to members of society.
“I am the Hon. Nimi Walson-Jack, a Barrister and Solicitor of the Supreme Court of Nigeria, and the person referred to in the communique. For nearly four decades, I have combined legal practice with stints in academia, public service, politics, and civil society promoting and defending the rights of people in Nigeria and around the world. From 2004 – 2006, I served as the General Secretary of the Nigerian Bar Association.
“The 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 defense of Democracy and the Rule of Law. It is an affront to the right of Lawyers to represent the diverse interests of their law-abiding clients.
“The leadership of the NBA, by its resolution, breached the Constitution of the NBA, my fundamental right to a fair hearing, and the right of my Clients to Counsel of their choice.
“The President of the NBA 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, or non-lawyer nor asked to respond to any complaint or allegation bothering 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 Association 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 distinct from the NBA.
“The Right of every person to Counsel is a fundamental principle of the Rule of Law enshrined in global conventions, treaties, protocols, national legislation, and Rules of Professional Conduct. By Rule 24(1) of the Rules of Professional Conduct (RPC) 2007, a lawyer in Nigeria must accept any brief, provided that the appropriate professional costs are paid or agreed upon”.
, Mr. Nimi Walson-Jack has faulted his suspension as a member of the NBA){kind=link}