The President of the Nigerian Bar Association, Mr Y.C Maikayau has apologised to Nigerians for what he believed to be an “abdication of responsibility on the part of the legal profession.”
He further stated that “the legal profession, to a great extent, has not held Government accountable on behalf of the people of this nation”
This was said today during his welcome address of State of the Nation Dialogue held at the National Secretariat House (NBA House), Abuja.
Read full statement below;
In my remarks at yesterday’s Dialogue, I did apologise to Nigerians for what I believe to be an abdication of responsibility on the part of the legal profession. It is my firm persuasion that if we had acted under the influence of the spirit behind the profound statements referred to in my remarks, particularly by Sir Christopher Alexander Sapara Williams (the first Nigerian called to the English Bar on 17 November 1879), who said “the legal practitioner lives for the direction of his people and the advancement of the cause of his country”, and also Sir Adetokunbo Ademola who said “The respect in which the Bar in any country is held is the
best indicator of the freedom in that country”, our experience as a nation would have been different; we would certainly not have been faced with the current socio-economic and political challenges.
The legal profession, to a great extent, has not held Government accountable on behalf of the people of this nation, and this does not necessarily mean being confrontational with government. While I agree that there are times when it is necessary and inevitable to go into confrontations to drive home certain points or achieve certain desired goals and objectives for the common good of the people, the place of purposeful engagement and, to a limited extent, our direct involvement in the activities government, without losing sight of the ultimate objective of serving the people, cannot be over-emphasised and may yield more and better results. Like someone said, why spit fire when you do not need ashes around you.
While we live to provide such directions, the use of our God given expertise and skills remain our major tool. It was the Secretary General of the Commonwealth, Rt. Hon. Patricia Scotland QC, who said:
“”We lawyers are a dangerous breed; we challenge, we refuse to let anarchy and unfairness and inequity reign. We stand in the gap. We refuse to be silent. We fight. Not with arms, but with words. We use the law as our weapon, and we wield it with skill and determination. We must teach the next generation to do the same… you play a central role in setting the parameters for the next generation of lawyers who will have the formidable task of safeguarding the rule of law in the new and challenging context in which we now live.”
I had yesterday alluded to the profound statements on the role of a lawyer by Kwame Nkrumah, Kenneth Kaunda, Professor L. C.B. Gower, Professor Olakunle Orojo, and today again to Sir Adetokunbo Ademola, CJN and Sir Christopher Alexander Sapara Williams. While these statements remain constant reminders to all members of the legal profession on one hand, they are, on the other hand, the basis upon which Nigerians should hold all members of the legal profession to account.
Nigeria is a nation of laws. It exists by reason of the Constitution, which created it and all the structures in the nation. It is therefore in reference to the Constitution and the laws of the National or State Houses of Assembly as the case may be, that the country can be preserved and nurtured. There is no other profession that is uniquely positioned to provide leadership in this regard than the legal profession.
It is the legal profession that must interpret the laws for proper implementation. Even where the legislature makes the laws, the spirit and intendment of the laws can only be preyed into,understood, and applied through the instrumentality of the legal profession: the Bench and the Bar. When we speak in this manner, we are simply being grateful to God for this unique position we occupy by reason of the privilege of our training as lawyers; we speak in humility and deep appreciation of the responsibility that comes with the privilege. When the lion roars in the jungle to declare that “no matter the economy of the jungle, I will not eat grass” the lion quickly adds “this is no pride, it is who I am”. Speaking this way for us is no pride, it is an understanding of the identity of an ideal lawyer, who is ready and willing to take on the responsibilities of that identity.
This is why, having consulted with stakeholders across the country and observed the difficulties being encountered by Nigerians in the implementation of the demonetisation policy of the CBN, we took the initiative on behalf of Nigerians to appeal for a reconsideration and review of the implementation of the policy. We wrote a letter to the Central Bank of Nigeria, other relevant government offices and visited the Minister of Finance in this regard. Incidentally, today would have been the last day when the affected Naira Notes would have ceased to be legal tender. While we commend the policy and support government drive to stem corruption and other criminal activities by the implementation of the policy, we shall continue to insist that this is done strictly within the ambits of the law.