Just when calm seem to be returning to the Nigerian Bar Association, NBA, after the crisis that engulfed the association’s recent election, another crisis appears to be brewing. This time, it is about the finances of the association.
A senior member of the association, Professor Ernest Ojukwu, SAN, using the Freedom of Information, FIO Act, is demanding for records of funds spent by the association for its activities from 2012 till date. Those are the helm of affairs within the period were Okey Wali, SAN (2012-2014), Austine Allegeh, SAN (2014-2016) and Mahmud Abubakar, SAN, (2016-2018)
In a letter to the new NBA leadership date October 27, 2018 Professor Ojukwu who contested and lost the last NBA election to the incumbent President, Paul Usoro, SAN is specifically demanding for details of spending by the association in over 10 conferences and seminars organized by the association. He is also demanding for actual amounts paid to internal and external parties engaged to offer various services to the association. Particularly Prof Ojukwu is seeking for breakdown of the following; all payments made to members of the Legal Practitioners Disciplinary Committee from 2012 to date; all payments made to NBA Prosecutors at the Legal Practitioners Disciplinary Committee from 2012 to date; details of all lawyers handling NBA matters in courts and details of payments to them from 2016-2018.
He also demanded for the contract signed to engage the services of Price water house Coopers for the purpose of auditing and reviewing the NBA account and details of the Nigerian Bar Association income and expenditure account from 2016-2018. Other requests contained in his letter includes; the budget approved by NBA NEC and breakdown of account of the NBA Criminal Justice Reforms Conference organised by the NBA Criminal Justice Reforms Committee held at Asaba, Delta State from April 24-28, 2018; budget approved by NBA NEC for the 58th NBA Annual General Conference 2018; details of cost of NBA sponsorship of international conferences for all lawyers, including NBA National Officers from 2016 to 2018.
Ojukwu also demand details of account of all expenditures made from the MacArthur Foundation Criminal Justice Reforms funds and bank statement of the account from 2017-2018; report of the NBA 2018 Ad-hoc Transition Committee; budget approved by NBA NEC for the 57th Annual General Conference and the breakdown of the account for the 57th Annual General Conference of the NBA 2017.
While some members of the association have applauded Ojukwu for his request, other senior lawyers have however expressed concern about the motive behind the request.
A Senior Advocate of Nigeria who did not want his name mention, told Vanguard Law that there was no basis for such request since every successive executive have always held an Annual General Meeting, AGM where the account of the association is presented and open for scrutiny.
”It really appears that this may be about something else. Every executive of the NBA have also held an AGM every year.
During that time, the account of the association is presented to members for scrutiny.
If he has always attended the AGMs, he should have gotten the account booklet and ask questions or raise issues with the executives,” he said.
Another senior member of the association who also served in the last administration told our reporter in confidence that the content of the Prof Ojukwu’s request are laughable as virtually every serious member of the association have details of those information.
Explaining how the NBA is run, he said: “Just like every other association, the way the NBA work is that every year, there is an AGM where the financial report is laid before the house. It is at that stage that anybody can challenge the records.
You cannot sit down in your village and expect that after an AGM has been held, you now begin to make your own personal request for details of the accounts.
If you are a member and you feel that there are issues with the association’s account, then you ought to have attended the AGM. AGM is for every member and I assume that Prof Ojukwu should have attended those AGMs and ask question.’
Explaining further, the senior lawyer said: The association has a financial secretary and treasurer who handle financial details.
The duty of then financial secretary is to produce the association’s financial details. If the details are not adequate, the members hold him to account.
If things are not cleared at that AGM, it can be deferred to the next meeting.
While some members of the association have applauded Ojukwu for his request, other senior lawyers have however expressed concern about the motive behind the request.
I know everybody has a right to request for information, but that right must not be abused. If he had raised issues for instance about the huge sums of money spent on logistic and travelling by the last administration, then that would be understandable but to be now asking for details that have been previously made available to members is mischievous.”
But Prof Ojukwu in an interview with Vanguard Law insisted that his motive for seeking the information contained in his request is purely for the purpose of making NBA more accountable.
He stated that if the information demanded is not provided with the stipulated period, he would proceed to the court. “My manifesto during the last NBA election was anchored on accountability.
What I am doing now which by the way, I have always done, is to make the NBA accountable and open.
There is no bad motive behind my request for information which every member should ordinarily have,” he said.
When asked if some of the items contained in his request were not already available in the association’s yearly audited account presented to members during the Annual General Meeting, AGM, Prof Ojukwu insisted that none of the 15 requests he made through the FOI Act is contained in any of the association’s AGM booklets.
If the information I am seeking for is already in the public notice, why should I be asking for them.
Let those who are saying that the information is available whether on hard or e-copy show me where there are,” he said.
A fact-check on the association’s website by our reporter for details of the NBA AGM turned up nothing.
No annual general meeting report was found on the website neither was there any things contained in the request.
The only available serious information about the association on the website is minutes of meetings, downloadable forms, conference reports and newsletters.
When contact NBA President Paul Usoro declined to comment on the matter. “ I am not in the position to comment on that,” he said.
