By Sylvester Udemezue
The date was 09 June 2024. Judicial proceedings were before Hon Justice Joe Egwu, a respected Honourable judge of the Delta State High Court. For good reasons, the reverred judge took a swipe on NBA leaders, officials and members who have the ugly habit of dragging every dispute within the NBA to court without first exhausting internal dispute resolution mechanisms which, as the judge said, abound within the legal instruments regulating the NBA.
The Hon Judge queried thus (paraphrased):
“Where are the Bar leaders? Why must every dispute within the NBA be taken to court? Why can’t people make sacrifice? Why must lawyers take every dispute in the NBA, to court? Why? Disputes are bound to occur. But NBA members should learn to settle disputes internally, using available dispute-resolution mechanisms provided in the NBA Constitution. Besides, where are our elders and bar leaders? Why won’t they help to resolve such internal disputes? Court is not and should not be the first port of call in dispute resolution. During our own time, we resolved all disputes internally without going to court. Please, you people should do everything to preserve this Association, and not destroy it. Learn to settle among yourselves. Learn to make sacrifices. That’s the culture of the bar…”.
He actually said a lot more though-provoking things, in admonition, all in favour of adopting litigation only as a last resort in dispute resolution efforts, in the interest of the progress and unity of the Bar.
The following lawyers, among over 30 others lawyers were present when the judge made the comment, which was made in the course of proceedings in a lawsuit:
(1). Chief Abijogun Ojo;
(2). John Aikpokpo-Martins, Esq;
(3). Chief Nero Okoro, Chairman, NBA, Warri Branch; and
(4). Sylvester Udemezue, Esq; and
(5). Victor Obianke, Esq.
The judge ended his exhortation with the following words:
“Take this message to the Bar and leaders of the NBA”.
As the judge spoke, I was busy taking down notes while recalling my long-standing favourite quotations, which I severally and countless occasions relayed publicly, especially to the members:
🅰. _”Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser — in fees, expenses, and waste of time. As a peacemaker the lawyer has a superior opportunity of being a good man. There will still be business enough” (Per Abraham Lincoln); and
🅱. “The courts of this country should not be the places where resolution of disputes begins. They should be the places where the disputes end after alternative methods of resolving disputes have been considered and tried” (per Sandra Day O’Connor, US Supreme Court Justice (now late).
I think the message my Lord has tried to pass perfectly aligns with my long-standing sermon and preachment to lawyers in Nigeria: *in dispute resolution, litigation should be resorted to only (1) after alternative dispute resolution efforts have been tried and failed; or (2) when litigation itself is absolutely necessary, judging from the circumstances. It’s not in the interest of the NBA, nor of the Bar nor of the legal profession nor of the public, to file premature or unnecessary lawsuits. And if a lawsuit is objectively unnecessary or premature, then such a lawsuit is frivolous.
My Lord has spoken. A wise word of advice. And I’ve by this publication delivered his message to all affected, especially those lawyers for whom there are no other methods of dispute resolution outside litigation. “Would members of the Nigerian Bar listen?” is the issue.
Respectfully,
Sylvester Udemezue
(udems) .
Proctor,
The Reality Ministry of Justice, Nigeria.
08039136749.
[email protected]
(25 June 2024)
