The Nigerian Bar Association Section on Public Interest and Development Law (NBA-SPIDEL) has faulted an attempt by the bar president, Yakubu Maikyau (SAN) to assert control over the activities of the section.
In a decisive response to the series of directives issued by the President of the NBA to the body, its chair, John Aikpokpo-Martins, described the directives as “null and void.” He reaffirmed his commitment to upholding the rule of law while asserting autonomy of the body within the NBA framework.
The letter reads in part: “Most respectfully, Mr. President, we do not agree with the view that SPIDEL is encroaching on the duties of the NBA Security Agencies Relations Committee (SARC).
“While Mr. President is at liberty to create sundry committees to tackle certain issues. It is imperative to note that, as a Section, the mandate and objectives of SPIDEL are protected by the NBA Constitution.”
He noted that section 17(1) of the NBA Constitution specifically provides as follows: “There shall be for the Association such sections as the National Executive Council of the Association shall establish to advance the aims and objectives of the Association. It may well be the case that it is the NBA committees that veer into areas expected to be dealt with by SPIDEL.”
Aikpokpo-Martins further argued that the NBA Constitution has not accorded the NBA President any role in the management, control, and supervision of SPIDEL, and NBA Sections in general.
“It bears repeating that no provision in the NBA Constitution mandates SPIDEL to seek ‘permission’ or ‘approval’ from Mr. President before carrying out its activities. Indeed, Article XXI of the Uniform Bye-Laws provides that “The Section shall design its activities, subject to the approval of the Executive Committee of the Section.”
The lawyer declared that it was wrong for the NBA president to ban the activities of the section, adding that he lacks such powers.
“We do not, with respect, think that the drafters of the NBA Constitution envisaged that NBA Sections would be micromanaged by the NBA President. Indeed, the NBA Constitution does not support such approvals or permission,” he insisted.
