Lack of Democratic Culture For Young Lawyers Bad Omen For Future Bar
By Prof Ernest Ojukwu, SAN (Chair of the Future State of the Legal Profession Subcommittee of the LPRRC)
A trend that is manifesting into a culture is the lack of democratic tradition for the choice of leaders in our Young Lawyers’ Forums.
My recent survey shows that over 60% of the branch leaders and the National officers of the Young Lawyers’ Forum (YLF) were appointed or handpicked.
Many young lawyers I discussed this subject with are worried that there seem not to be any plans in place to conduct elections soon in the branches where their leaders were appointed.
Under the NBA Constitution, a uniform Bye Law (9th Schedule) applies to the YLF. Article XIV stipulates that “the election of … Forum Officers and elected members of the Council shall take place in the manner set out at each Biennial General Meeting of the … Forum.” According to Article IX-
(a) An officer shall hold office for a term of two years and he or she shall not be eligible for re-election to the same office.
(b) If at the end of the tenure of office of the leadership of a … Forum, a new leadership has not been elected, the President of the Association shall set up a three-person Committee from among the members of the … Forum … to administer the affairs for a period not exceeding six weeks. The Committee shall take steps to conduct election, failing which the President would set up a six person election committee to conduct the election within three weeks, to elect new officers and report to NEC.
The Constitution did not specify that there shall be branch YLF. It seems that the YLF can on its own create such branches and its Committees. The argument has been made that the YLF branches would therefore not be responsible to NBA Branches but to the YLF at the Centre. But whatever practice that is acceptable, the YLF leadership at the Branches should also be allowed to elect their leadership just as it should be done at the centre under the Constitution.
Democracy should develop as a way of life for lawyers. Democracy is a step towards enthroning good governance- openness, transparency, accountability and responsibility. Good governance is antithesis to corruption, inequality, and abuse of rule of law, injustice, insecurity and impunity.
We should therefore show the right way for young lawyers. We should mentor and support them towards the path of good leadership. It is a responsibility, a duty on us the leaders!
Even many Primary Schools are now encouraging their pupils to elect their class monitors/prefects as their contribution to building a new cadre of youths prepared for civilized leadership for the Nation.
Lack of a democratic culture for young lawyers is bad omen for the future Bar, the profession and the Nation. “The best way to predict the future is to create it.” – Peter Drucker.
