By Sylvester Udemezue
Those unhappy should therefore sheathe their swords, bury the hatchet and let us all put hands on deck to salvage our profession.
◾STATUS OF THE NBA AS THE UMBRELLA BODY OF ALL LAWYERS IN NIGERIA: I think it’s our courts that have the authority to interpret the constitution. This is not a matter of what we like or what we don’t. It’s strictly a matter of law. The Courts have looked at sections 39 and 40 of the Constitution and have come up with a decision, that:
1️. All Lawyers in Nigeria are automatic NBA members and remain NBA members for as long as they’re lawyers in Nigeria;
2️. This position doesn’t violate the Constitution because those affected had voluntarily chosen to join the NBA, and they are still very free to leave the NBA by having their names struck off the Roll.
So, who says freedom of association isn’t guaranteed here?
◾ COURT PRONOUNCEMENTS ARE BINDING UNTIL SET ASIDE, REPEALED OR OVERRULED: Besides, let’s get these pronouncements of our higher courts set aside before we can come back to discuss what we like or what we don’t like. While Hon Justice Oliver Wendell Holmes Jnr is not the Nigerian Constitution, it’s to the Courts the Constitution has assigned the role of interpreting the Constitution and other extant laws. It’s not for the LSN members/promoters to tell us what the Law is. The Courts have spoken, all must abide by the courts’ position until such is abrogated by setting aside or overruling.
Whether we consider a court order “unconstitutional”, given per incuriam, “invalid”, or whatever or howsoever, we have an obligation to obey. We as lawyers shouldn’t be seen to behave or be lawless, as motor park louts.
On the position of law regarding the obligation to obey subsisting court orders, I said this in a published commentary:
‘Ogundare, JSC, in the case of ROSSEK v A.C.B. LTD. (1993) 8 NWLR (PT. 312) 382 at pages 434-435 E-C treated the matter extensively. Below is, inter, alia, what he said: “A party, who knows of an order, whether null or valid, regular or irregular, cannot be permitted to disobey it. …It would be most dangerous to hold that the suitors, or their solicitors, could themselves judge whether an order was null or valid – whether it was regular or irregular…. As long as it existed, it must not be disobeyed”. This view was re-echoed by Romer L.J in HADKINSON v HADKINSON (supra) where he observed: “It is the plain and unqualified obligation of every person against, or in respect of whom an order is made by a court of competent jurisdiction, to obey it unless and until that order is discharged. The uncompromising nature of this obligation, is shown by the fact that it extends even to cases where the person affected by an order believes it to be irregular, or even void, and affirmed by the Privy Council in ISAACS v Robertson (Supra). Eso, JSC stated the same view in OBA ALADEGBEMI v OBA FASANMADE (Supra) where he observed: “… for a court of competent jurisdiction, not necessarily of unlimited jurisdiction, has jurisdiction to decide a matter rightly or wrongly. If that court never had jurisdiction in the matter, then its decision is, without jurisdiction, void, but then should a court of law not even decide the point? That is, the court without jurisdiction decides without jurisdiction? Should the decision be ignored? Surely, it would not make for peace and finality, which a decision of a court seeks to attain. It would, at least, be against public policy for persons, without the backing of the Court, to pronounce a court decision a nullity, act in breach of the decision, whereas others may set out to obey it. In my respectful view, it is not only desirable, but necessary to have such decisions set aside first by another court before any act is built upon it despite the colourful dictum of the law Lord in U.A.C. v MACFOY (Supra).” Generally, therefore, orders of a competent court must be obeyed as long as they subsist, if the authority and administration of the court are not to be brought into disrepute, scorn, or disrespect. They remain binding on parties thereto until set aside by a superior court of competent jurisdiction, or declared null and void. Thus, once a party knows of the subsistence of an order of the court, whether valid or not and whether regular or irregular or even perverse, he is obliged to obey it. See ADEBAYO v JOHNSON (1969) 1 ALL NLR 176; ALADEGBEMI v FASANMADE (1988) 3 NWLR (PT.81) 129; KOMOLAFE v OMOLE (1993) 1 NWLR (PT.268) 213; ROSSEK v AFRICAN CONTINENTAL BANK LTD. (Supra). See also the dictum of MUHAMMAD, J.S.C ( Pp. 23-27, paras. E-C ) in OSHIOMHOLE & ANOR v FGN & ANOR (2004) LPELR-5188(CA)’
See: “Raid on Justice Odili’s Residence, Police Officers and Need to Apportion Blame Appropriately”
By Sylvester Udemezue (9 November 2021: ThisDayLive).
◾NO! NBA IS NOT “AN ORDINARY ASSOCIATION LIKE THAT OF PEPPER SELLERS REGISTERED WITH THE CAC”: There is this wrong notion some lawyers have about NBA. This was voiced out by a respected learned friend and fellow NBA member for life, Mr.Olasupo Ojo who once wrote that “NBA is not a union but an ordinary association like that of pepper sellers registered with the CAC. Go and dig deep pls.” Following Mr. Ojo’s charge to dig deep, I had embarked on vigorous research. What did I find? NBA is not just as the association of pepper sellers, that you can displace by wishful thinking. See: ” Expository Inquisition into the Hallowed Place of Nigerian Bar Association as the Most Far-Reaching Regulator in Nigeria`s Legal Profession” By Sylvester Udemezue (30 August 2020: BarristerNG). In that paper (please try and read it) I had concluded: “NBA… is not like the “Pepper Sellers Association.” The fact that the NBA is currently facing challenges has not diminished its hallowed status and the pride of place the NBA occupies in the Legal profession. I am proud to be a member of the NBA. Let every other lawyer in Nigeria feel as proud. Let those who are unhappy sheathe their swords, bury the hatchet and let us all put hands on deck to salvage our profession. The duty and responsibility are ours, collectively, to help this great body, the NBA. Escapism is not the solution. As Joseph Fort Newton said, “a duty dodged is like a debt unpaid; it is only deferred, and we must come back and settle the account at least.” [Then s]aid Barack Obama, “the change we desire will not come if we wait for some other person or some other time. We are the ones we’ve been waiting for. We are the change that we seek.” We are only as strong as we are united, as weak as we are divided. And as I had earlier written,“ We’re each other’s business because upon the conduct of each depends the fate of all. Stronger unity within the profession is essential to timely realization of set goals. The deepest and sincerest form of communication is communion; even the weak become strong when they’re united. Where there’s unity, there you find progress, success, and victory.”’
Thank you.
From Sylvester Udemezue (Udems).
mrudems@yahoo.com.
(02/11/2022)
