By Innocent Anaba & Abdulwahab  Abdulah
The 30 new Senior Advocate of Nigeria SANs, recently conferred with the exalted rank, called the bluff of the Nigerian Bar Association, NBA when they attended last Friday’s official ceremony for the conferment of the rank at the Supreme Court.

The event which took place in Abuja, was, however, boycotted by the Body of Benchers and many other legal practitioners in the country.

The ceremony, the last official assignment performed by the former Chief Justice of Nigeria, CJN, Justice Aloysius Katsina- Alu, who retired Sunday after attaining the mandatory 70 years retirement age for judicial officers on that cadre, was attended by the new SANs, their friends and well wishers.

Cross section of new Senior Advocates of Nigeria at their inauguration in Abuja

It will be recalled that the National Executive Council NEC of the NBA had on August 21, at its Port Harcourt Rivers State, just concluded annual conference, resolved that “the Bar shall boycott the ceremony and all her members are advised to stay away, including those to be conferred the rank.

“Any legal practitioner, who attends the ceremony will not be referred to by member of the NBA with any rank he possesses and if in any NBA body, such as the Body of Benchers, will lose all privileges and be stripped of membership of any committee or body that the NBA participates in. His name will in addition be placed perpetually in the Roll of Dishonour,” it added.

Signs that the resolution rattled the immediate past CJN was a statement by the Deputy Director of Information at the Supreme Court, Mr Festus Akanbi, who fired back, insisting on August 23, that “the newly appointed Senior Advocates of Nigeria will be sworn-in, as earlier announced, August 26, 2011, at a special Court Session of the Supreme Court of Nigeria.”

Following feelers that the recipients of the rank might attend the ceremony, the NBA at its Annual General Meeting, on August 24, renewed its earlier directive to affected members to shun the ceremony.

Show of

solidarity

Vanguard Law and Human Rights gathered that even as at August 24, after the NBA had made it clear that the recipients should not attend the ceremony, some of them (recipients) actually visited the immediate past CJN in a show of solidarity, a clear indication that the directive would be disregarded

In his speech at the event, Justice Katsina- Alu reiterated his commitment to the judiciary and lashed at his critics. He described the event as “unique,” urging recipients to refrain from “engaging in useless arguments” or sell their integrity and conscience at any price.

According to him, “We have just witnessed the swearing in of 30 new SANs. This ceremony is very unique, considering that despite threats and intimidation from certain quarters, the event still took place.

“Every one of you is eminently qualified and deserves the rank and I am convinced that you will not let us and yourselves down. When you go out there, don’t engage your colleagues in useless arguments. Don’t sell your integrity and conscience at any price as there is no price that is enough to buy you. The legal profession is an honourable one, please help us keep it so,” he had pleaded.

The former CJN’s speech, according to a senior lawyer, who preferred anonymity “is loaded. It shows that both the CJN and the new silk were out to achieve a purpose contrary to that of the NBA.”

The new silks, had even before the ceremony, on why they would attend the event, argued that their allegiance was to the Supreme Court of Nigeria, which licensed them to practice as lawyers in the country and not the NBA. They had also argued that it was only the Supreme Court that could de-bar them from practicing as lawyers and not the NBA.

Former NBA President, Mr Olisa Agbakoba, SAN, who spoke on the latest development, said “the NBA is an association of lawyers in the country and the highest position any lawyer can attain is SAN and the NBA decision is binding. It is not about whether what happened was right or wrong. As you know, I am personally affected because a partner of mine is also affected, so I should be saying that the NBA was wrong but an association is superior to an individual. If you remember, the late Chief Gani Fawehinmi, fought NBA, but at a point in time, he realised that he had to stop the fight. What I expect now is for the recipients to show some remorse and appeal to the NBA for the bar to move forward.”

Another Lagos lawyer, Mr. Jiti Ogunye, said, “The NBA made its position clear and gave directive for those who want to be inducted as Senior Advocates not to attend the function. However, they fell out and made themselves available for the programme. By that their singular action, they had joined the CJN in an affront to the NBA. They have disgraced and humiliated their professional body.

“What would they have lost if they had obeyed the NBA directive? Absolutely nothing. Between now and the beginning of the new legal year, there can be no serious advocacy at the courts. After the new legal year, as it is the tradition, they should be sworn-in by the new CJN. They would have lost nothing.

“For me, it shows that they lack character by placing their personal gain above their professional body and by extension the country. Therefore, for me, it was a serious affront to the NBA. It is rather unfortunate. The NBA should demonstrate its capacity. Though, the new silks had taken a decision, the NBA reserves the right to take any action it deems fit for future sake,” he added.

One of the recipients, who spoke on condition of anonymity, said “it is a family affair. We will resolve it as a family. The NBA is an association of all lawyers in the country and its resolution is binding on every member. One must appreciate the fact that the NBA needed to take a position, which must support the rule of law, fairness and equity.

“With the way the out-gone CJN handled the matter between himself and Salami, some people felt that there was the need for people to speak out, which the NBA did for which we are all happy. NBA’s directive was adhered to as lawyers did not attend the ceremony, those who did, did so not as lawyers in keeping to NBA’s directive.

“The two SANs, who attended were there as parents. We have no problem with the NBA in any way, even though we attended the ceremony, it was a difficult one for most of us, considering that some of us have been applying for the past eight years before we finally got it, but like I said, it is a family matter and would be resolved same way,” he added.

Meanwhile, a professor of law, who spoke on the development, said “you know I don’t believe in this SAN business, but come to think of it, why are the SANs in the NBA telling others not to go for their conferment. If we want to do away with the SAN thing, the better for all of us. It is gradually getting to a situation where merit is the last consideration for the conferment of SANs. So, I really don’t see the need joining in the debate.”

Some other recipients who spoke to Vanguard Law and Human Rights, regretted that the Salami/Kastina-Alu controversy denied them the opportunity of having a colourful event, which they had waited all their years as lawyers to have.

Some NBA officers, who spoke on the issue, said the National Executive Committee, NEC, of the association, will decide the fate of the lawyers, who attended Friday’s ceremony at the Supreme Court, for the SAN conferment.