Ex-NBA President Alegheh faults reconstitution of Body of Benchers committees, says compliance and respect for Regulations mandatory

“Regulations are sacrosanct and binding on all members of this distinguished body.”

A former President of the Nigerian Bar Association (NBA) Mr. Augustine Alegheh , SAN, has expressed grave concerns over the reconstitution of Body of Benchers (BoB) committees by its new Chair, Chief A.S. Awomolo, SAN asserting that “decisions of the Body of Benchers must be based on decisions taken on the floor of the Body.”

Stressing that “it would portend grave danger if each year the decisions made in the last year are overturned when a new Chairman assumes the mantle of leadership”, Alegheh in the 2 May, 2024 letter addressed to the Secretary Body of Benchers pointed out that although Regulation 11[6] states clearly that membership of Committees is for a period of three [3] years, Committees have been abridged f two [2] years only.

“I wonder how the tenure of members can be shortened to two [2] years, contrary to the clear stipulations of the Regulations….

“I was appointed as the Chairman of the Body of Benchers Appointment Committee and my letter of appointment, which I duly accepted, stated clearly that I was to serve for a term of three [3] years. I am surprised to see that whereas my tenure has not expired, my respected big brother and Life Bencher, Mallam Yusuf Ali, SAN, whom I hold in very high esteem, and who has a rich history of respect for the Rule of Law, was published in your email as the “Chairman” of the same Committee.

“Please note that I accepted to serve the full term of three [3] years and I have not resigned my appointment as the Chairman of the Body of Benchers Appointment Committee. I believe there must be an error which I respectfully request should be corrected immediately….'”, he said.

The most part of the ex-NBA President letter reads:

“The above Regulations show clearly that the power to create Committees rests with the entire Body. The practice has been for proposals to establish any Committee to be discussed and approved on the floor of the Body. I am not aware of any committee of this distinguished Body that has been created in a different manner.

“The Regulations clearly set out and define the Standing Committees of the Body of Benchers and
the names so ascribed to the Committees cannot be changed as if the Regulations have no effect whatsoever. The renaming of the Standing Committees clearly violates the Regulations.

“In your email, under reference, you stated that the membership of the Committees was now to be for a period of two [2] years only, whereas Regulation 11[6] states clearly that membership of Committees is for a period of three [3] years. I wonder how the tenure of members can be shortened to two [2] years, contrary to the clear stipulations of the Regulations.

Chairmanship of Body of Benchers Appointment Committee
“I was appointed as the Chairman of the Body of Benchers Appointment Committee and my letter of appointment, which I duly accepted, stated clearly that I was to serve for a term of three [3] years. I am surprised to see that whereas my tenure has not expired, my respected big brother and Life Bencher, Mallam Yusuf Ali, SAN, whom I hold in very high esteem, and who has a rich history of respect for the Rule of Law, was published in your email as the “Chairman” of the same Committee. Please note that I accepted to serve the full term of three [3] years and I have not resigned my appointment as the Chairman of the Body of Benchers Appointment Committee. I believe there must be an error which I respectfully request should be corrected immediately.

“This error is made more apparent by the statement in your email under reference as follows:

‘However, members already serving in Committees and are being retained, shall serve the remaining term of office as indicated in their letter of appointment earlier issued.’

“In the list attached to your email under reference, I am supposed to have been retained as a ‘member’ of the Body of Benchers Appointment Committee whereas my letter of appointment states clearly that I was appointed as the Chairman of the Committee for a term of three [3] years. I therefore would continue to act as Chairman of the Committee in the terms stated in my Letter of Appointment.

Stability of the Body of Benchers
“I believe that the efficacy, stability and sanctity of decisions of the Body of Benchers must be based on decisions taken on the floor of the Body and it would portend grave danger if each year the decisions made in the last year are overturned when a new Chairman assumes the mantle of leadership. I believe that the Regulations passed and all decisions made under the leadership of Honourable Justice Mary Ukaego Peter-Odili, JSC [Rtd] must be respected as they are decisions of the Body of Benchers.

“It will not be in the best interest of this distinguished Body for decisions to be changed when the
Chairman hands over. We should not allow such a precedent to be set in this Body.

Prayers
“I believe that the clear provisions of the Regulations may not have been brought to the attention of the Chairman before you sent the email under reference. I urge you, as a matter of urgency, to draw the attention of the Chairman to the provisions of the extant Body of Benchers Regulations, 2024 and ensure compliance and respect for the said Regulations.”

Read the entire letter below.

Download Body of Benchers Regulations 2024 here.