Tuesday, August 25, 2020

NBA 2020 CONFERENCE WITHOUT GOV. EL-RUFAI

 

NBA 2020 CONFERENCE WITHOUT GOV. EL-RUFAI

I want to remind ourselves from the onset of this discourse that there is corporate responsibility attached to public offices, sometimes symbolised by taking of Oath of Office. It is partly for this reason that ordinary issue are magnified or receive more attention than necessary. Nigerian Bar Association (NBA) is one of the foremost organised civil society organization in the country with clout and influence recognized by governments at all levels.  The organization is known for its slogan ‘promoting the rule of law’, which encompasses defending the Constitution of the Federal Republic of Nigeria (the grundnorm), the judges, fundamental human right of individuals and hold governments accountable to the people who elected them, as the custodian of the conscience of the nation.

The NBA NEC has the responsibility to organize meetings and conferences whenever necessary.  In so doing a technical organising committee is usually assigned to arrange the logistics and protocols on behalf of NEC before the main meeting and this year’s conference is not an exception even though virtual, which is substantially different from previous ones.

One of the main and invariable features of is nomination/invitation of speakers from broad spectrum of the society.  This year’s speaker happens to include Mallam Nasir El-Rufai, governor of Kaduna state. Intrinsically the organizing committee in their assessment, thought his inclusion would be welcome like other speakers.  But it didn’t because no sooner the name appeared on the proposal list than objections and protests by commentators both lawyers and non-lawyers on various social media platforms went viral, calling for his dis-invitation.

Some of the reasons advanced by these critics include crisis in Kaduna state where the governor is the chief executive with its citizens divided along ethnic and sectarian lines; disobedience to valid court orders; failure to observe the tenets of the rule of law, and most importantly as the CEO, his failure to maintain security and welfare of citizens which are the primary purpose of government.

The NBA President in his letter to the embattled governor explaining reasons for dis-invitation, maintained that these allegations were not ‘judgments’ by the NBA and I so align with that opinion. For governor El-Rufai there is no love lost.  He has an Attorney-General and Commissioner for Justice, therefore no one northerner is justified to cry more than the bereaved.

Without the governor instructing the office, Hon. Aisha Dikko should have asked whether the governor’s right was violated or denied by applying the principle of ubi jus ibi remedium (where there is a right, there is a remedy).  The answer from these commentators/critics, both lawyers and non-lawyers would have been none.  Even if he has any right of invitation, it is revocable or limited like any other legal or equitable right.

It is also on record that, contrary to the principle of fairness, protection/inclusion of minorities and reflection of equitable political balance, his second term election deliberately ensured muslim-muslim ticket removing existing inclusive option of muslim-christain or vice-versa. This arrangement lost sense of belonging due to the Kaduna minorities.

Obviously many can see that there are sensitive issues at stake  with victims of the recent crisis still licking their wounds.  Is this the proper time for the governor to mount the podium on the platform of the NBA after he has been Channels, Youtube, social media and other electronic and print media stating his own case and defence? Who is holding the briefs of the victims and minorities? In my candid opinion, with all these being fresh in our minds it would amount to complacency and insensitivity to add Mall El-Rufai as 2020 conference speaker, in a group known as vanguards of human right for citizens and minorities. This is indefensible and odd for NBA to handle.This, indeed is a difficult moment for the NBA, especially the outgoing and incoming leadership. Members should employ sound reason in handling these issues without allowing sentiments to cloud our decisions because what we have is today, we cannot dictate what the next day can come up with.

Let me now end this discourse with Edmund Burke, an English political philosophy who said: ‘All it takes for evil to triumph is for men of goodwill to remain silent in the times of moral crisis’.

 

Iyke Ozemena Esq

Corporate Attorney/Consultant IKECHUKWU O. ODOEMELAM & CO

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