Introduction

The Nigerian Bar Association (“NBA”) is the largest association of lawyers on the African Continent. The NBA like any civilised association is governed by laws, rules or regulations. In order to adapt to changes and new developments, the NBA amended its 2015 Constitution to accommodate modern trends and the same was passed at the Annual General Meeting (AGM) of NBA in Port Harcourt, Rivers State on 28th October 2021. Notable amendments to the 2021 Constitution are as follows;

  1. International Membership

Section 4 of the 2021 Constitution introduce international membership to accommodate legal practitioners called to the Nigerian Bar as Barristers and Solicitors of the Supreme Court of Nigeria but resident, working or practicing law abroad. This means lawyers called to the Nigerian Bar living abroad can organise themselves and have their Branch of the Bar Association abroad.

  1. Affiliation

Section 5 of the 2021 Constitution empowers the NBA to affiliate itself with other organisations having similar goals and objectives with it.

  1. National Executive Council (“NEC”)

Section 8 (e) of the 2021 Constitution downsizes the number of National Executive Council from 180 to 150 members as follows;

  1. Number of Senior Advocates of Nigeria (SAN) which was 40 under the 2015 Constitution is now 30 members;
  2. Members over 25 years post call downsized from 40 to 30 members;
  3. Active members who are 10 years post call but below 25 years post call have been provided with 45 slots in NEC;
  4. Special Interest Groups have been provided with 20 slots in NEC;
  5. Introduction of past National Officers other than Presidents and allotted 10 slots in NEC; and
  6. The introduction of active members less than 10 years post call allotted 15 slots in NEC.
  1. Emergency meeting

Section 8 (4) of the 2021 Constitution provides that the President of the NBA is empowered to convene an Emergency General Meeting of the Association whenever the need arises.

  1. Election
  1. Section 9 (3) b of the 2021 Constitution provides that aspirants to the office of President, 1st Vice President and Secretary General must be persons in active legal practice.
  2. Section 9 (3) (d) of the 2021 Constitution provides that any person aspiring for the post of Secretary General must not be below 15 years post call.
  3. Section 9 (3) (d) (iii) of the 2021 Constitution provides that aspirants to the office of Assistant Secretary General must not be less than 5 years post call.
  1. Secretariat

Section 9 (5) (e) (iii) of the 2021 Constitution makes the Secretary General Head of the Secretariat Management Committee. Section 11 of the 2021 Constitution creates the National Secretariat and establishes the office of Executive Director whose duties shall include management of the Secretariat and established other departments within the Secretariat for effective and smooth running of the Secretariat.

  1. Quorum

Section 9 (6) (b) of the 2021 Constitution provides that the quorum of the National Executive Committee meeting shall be 5 while Section 9 (6) (d) empowers the President to have a casting vote in the event of equality of votes.

  1. Electoral Committee

Section 10 (2) of 2021 Constitution provides that the Electoral Committee of Nigerian Bar Association (ECNBA) shall be 5 members. Section 10 (3) stipulates that the National Executive Council shall constitute the ECNBA by December preceding the election year.

  1. Committees

Section 14 of the 2021 Constitution establishes the following new Committees to complement the existing Committees;

  1. Secretariat Management Committee;
  2. Appointment and Remuneration Committee;
  3. National Election Appeal Committee;
  4. Branch Election Appeal Committee; and
  5. Sections Election Appeal Committee.
  1. Institutes

Section 18 of the 2021 Constitution allows for the establishment of institutes for the NBA to advance the aims and objectives of the Association.

  1. Sections and Fora

Section 14 (2) of the 2021 Constitution makes it mandatory for members to belong to at least a section of the NBA. Also, Section 19 of the 2021 Constitution established Fora for the NBA. However, membership to such Fora is not compulsory for members.

  1. Dispute Resolution

Section 21 (2) of the 2021 Constitution provides that members are to lodge their complaints within 14 days to the Dispute Resolution Committee. Also, Section 21 (4) of the 2021 Constitution makes the decision of the Dispute Resolution Committee final and binding on members.

  1. Finance

Section 23 (8) of the 2021 Constitution provides that 10% of practicing fees paid by members to the National Association shall be remitted to each in the months of April and December of each year.

  1. Trustees

Section 24 (iii) of the 2021 Constitution provide for a 4 year renewable tenure for the office of Trustees.

  1. Office of the Financial Secretary

Section 26 of the 2021 Constitution abolished the office of the Financial Secretary.

Conclusion

The amendments in the 2021 Constitution has given more room for participation of younger members. For instance, before the amendment, to contest for the office of Assistant Secretary General, a member must be 8 years post call.

The amended Constitution reduces the post call qualification criteria for 5 years post call members to encourage younger members to contest elective post.  Also, the new Constitution allocates 15 slots to lawyers less than 10 years post call in NEC.  

Prior to the 2021 amendment, lawyers in diaspora had no say in the running of the NBA. But this is no longer the position as the Constitution now established and acknowledges international membership. This has made the NBA to be more effective, robust and have a more global outlook.

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