Matters Arising: NBA set to investigate lawyers over conflicting court orders

Worried by what many Nigerians see as attempts by lawyers and members of the political class to debase the judiciary, the Nigerian Bar Association (NBA) has constituted a high – powered panel.

The panel, according to information, is expected to look into roles seemingly played by lawyers in the promotion of conflicting court orders.

Speaking in Port Harcourt on Tuesday as the moderator of a session on Regulating Legal Practice at the ongoing annual general conference of the NBA,  Dr. Muiz Banire (SAN), disclosed that a panel to investigate erring lawyers has been raised.

Dr Muiz Banire

He said, “A panel has been set up to probe the lawyers involved, with a view to sanctioning them, if found culpable,”

Dr Banire was responding to a comment by a concerned participant who wanted the NBA to sanction lawyers who may have played clandestine roles in bringing the image of judiciary to ridicule.

From all indications, the decision to probe the conduct of some practicing lawyers in Nigeria is premised on conflicting court pronouncements which arose from the leadership squabble within the PDP.

Most lawyers reckon that discipline, a hallmark of the legal profession is sliding dangerously.

These lawyers think that the time has come to decentralize the NBA’s Legal Practitioners Disciplinary Committee, LPDC.

“The centralisation of the LPDC poses some difficulties in some cases,” a former chairman of the NBA’s LPDC, Joseph Daudu (SAN) remarked.

Joseph Daudu

Daudu seized the opportunity to call for the speedy decentralisation of the association’s disciplinary mechanism.

Also speaking, a panelist, Mofesomo Tayo-Oyetibo, suggested that the membership of the LPDC should be reviewed to include non-lawyers.

Mofesomo Tayo-Oyetibo

Tayo-Oyetibo argued that such an approach would inspire more public confidence.

Mrs. Funke Adekoya (SAN), suggested that the legal profession should embrace principles-based regulation instead of rules-based practices in line with what obtains in the United Kingdom (U.K).

Mrs Funke Adekoya 

As she put it, “In the U.K, the rules are surrounded by principles, such that a solicitor should act in a way that promotes public confidence and trust. This will apply to all the lawyer does.”

Recall that the Rivers State High Court on August 23, issued an order of interim injunction restraining Uche Secondus from parading himself as the party’s National Chairman.

A Kebbi State High Court three days after restated the embattled Chairman.

Similarly, the court ordered the PDP Chairman to exercise all the powers attached to the office.

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