NBA may not recover from backlash if parallel association emerge – Baiyeshea

Barrister John Olusola Baiyeshea graduated from the Ahmadu Bello University (ABU), Zaria and proceed to the Nigerian Law School, Lagos in 1981. He was called to the Bar as a Barrister and Solicitor of the Supreme Court in 1982. After eighteen years of active law practice, he furthered his educational career by bagging additional degree (LLM) from the Obafemi Awolowo University, Ile-Ife, Osun State, in 2000. In 2009, he completed his M. Phil (Master of Philosophy of Law) from the same university. He is presently the Principal Partner in John Olusola Baiyeshea & Co founded in 1986 in Ilorin Kwara State. In this interview with ACTING EDITOR, MUMINI ABDULKAREEM, Baiyeshea who is also a reverend speaks on some topical issues in the polity. Excerpts:
What do you make of the entire discussion that had dominated the last NBA election before, during and after the exercise?
Unfortunately and sadly so, we always import our Nigerian factor into anything we do in this country today. Our election has always been acrimonious including the one adjudged as the freest and fairest won by late MKO Abiola which was annulled in 1993. Since then, we have been losing it. Last week, the Nigerian Medical Association (NMA) election in Enugu went violent from the video we saw. Even lawyers that are supposed to show the light to darkness in the country has fallen into darker and deeper darkness. I always ask what are people really looking for and why the desperation about everything. The NBA issue became more problematic because there is no law that bans none SAN from contesting for the president’s seat. Although we have had it before, in about 30years or thereabout, it has been SANs all the way and almost becoming an unwritten convention. The population of lawyer in Nigeria is over 500,000 out of which SAN is just about 500 to tell the enormous influence the members of the inner bar wield. My personal opinion is that the acrimony which is unnecessary stems from the fact that a member of the outer bar who is our colleague has the courage and boldness so to say to challenge the status quo and break the jinx. It appears this was the moment that other lawyers have been waiting for to show their numerical strength and challenge the elite class in a position we all have equal access. Olumide Akpta came out from nowhere, ran a stupendous campaign and defeated two SANs who could not come to a consensus. If we come to a situation whereby it appears people are looking for a paradigm shift, we should appreciate and realise it. It is not suppose to be a bitter bill to swallow because this is a game of numbers. It means that from day one, members of the Inner bar which I am also one, was already at a disadvantage. SANs have dominated the scene for about 30 years now and if the outer bar is saying they want to have a taste for the next two years, I don’t see anything wrong with that. We (SANs) should be humble enough to put ourselves under the umbrella and authority of the NBA. No one person or group of persons should ever think of themselves as being above the NBA. What may have also propelled the outer bar to vote massively for Akpata was the leaked letter said to have been written by Chief Awomolo (SAN) to BOSAN that only SANs should be allowed to be president of the NBA which was his own personal opinion. It was like the catalyst, formula and joker that Akpata needed and from that point, he didn’t have to run any campaign anymore and they decided to take their fate into their hands and seized the initiative.
One of his opponents has alleged that the election was rigged and there are already reports that a parallel NBA may emerged?
Electronic voting has been an issue in all NBA elections since 2016 when we started it, it has never been a smooth ride. As people who say we are the custodians of the law, we should show example on how to lawfully and legally protest a situation we felt is not good by heading to court because that is where we ply our trade for other people rather than pulling out to form a parallel NBA. I will plead with our colleagues to take their complaints up legally, constitutionally and lawfully since we do it for other people otherwise we will lose our respect eternally as lawyers. Charity must begin from home. We can’t use gangsterism or arm twisting method; it will create more bad blood, lots of hatred and injury in the eyes of the people. The crisis that may emanate may be irretrievable, irredeemable and we may never recover from it. Members of the outer bar will feel SANs are resistant to their leadership despite being members of the same association. Our fathers in law years gone and up till today in their wisdom didn’t find it necessary, expedient or prudent to limit the office of the NBA president to only SANs which I think is good judgment. It would appear that accepting the paradigm shift is a major problem but if we think the election was rig, it is demeaning to form a parallel NBA, the answer is to approach the court to test it as we do for people.
Considering the numerical strength of members of the outer bar, don’t you think with this development will it difficult for SANs to emerge in future NBA elections?
Although I am reverend, I don’t want to predict anything. But like we used to say that we should be able to discern the handwriting on the wall. My thinking is that if we don’t find a way of gaining confidence of all lawyers for us to be together in peace and harmony with mutual respect, it will be very difficult if we fail to manage this situation and allow a splinter group to emerge. This is like a war of attrition and it will even breed hate thinking. It takes hate thinking to make hate speech just as the bible say that we should guide our hearts with due diligence because it out of the heart that the issue of life comes out.
What is the implication of this contentious election on the polity?
The rank that the president-elect needs is not that of SAN but of goodliness, integrity, competence, humility and fear of God, incorruptible, focus and result oriented. You can be a SAN of the whole world and be an empty shell. The hood does not make the monk. If we are to do a poser of all the SANs that have been NBA presidents, what would it be. I am not scoring them but this is a poser because I am also one of them. The new president also has the potential to be a SAN and even then, as a member of the bar for about twenty-five years, he may come and outshine everybody by his performance and the pressure is on him to succeed otherwise the SANs will use that against him and other members of the outer bar that may want to contest in the future. It is an opportunity to prove his ability. He needs more than human capacity to succeed in an acrimonious situation. My advice for him is just to be his natural self and not seek any foul means to impress the people because of the issue on ground otherwise; he will be working from a position of vengeance. He must work and allow God to vindicate him and his performance must be both physical, spiritual and divinely purposeful otherwise his performance is dead on arrival.
The EFCC has been in the news recently and there have been criticisms against their mode of operation. A case in point was that of former Senate President, Dr Bukola Saraki where a case that got to the Supreme Court from the CCT was represented against him at the another lower court?
Every process has weaknesses and strength but we should not throw them away. The Nigerian Police has issue and while we have not cancelled them, kidnappers, terrorists, arm robbers, arsonists, hushpuppies and hushmummies have all taken over. The ongoing process is headed by Justice Salami. He is a man of integrity and can’t be controlled or influenced. This is an opportunity for Magu to render account and to know whether his accusers are right or not. We cannot leave Nigeria alone in the hands of dealers who call themselves leaders. Nigeria is not a serious country at all in fighting corruption and the menace has taken over absolutely, we are just looking for a messiah. Buhari has tried but overwhelmed and tired because people around him are making matters worse. He has my persona admiration and respect but he can’t do the job alone, he has to appoint people some of who has misbehaved like we have in the NDDC issue. The major mantra of this administration is to fight corruption but unfortunately, corruption has fought back and nearly won if it has not already. Nobody should be happy actually that EFCC is in trouble waters we should all be free to practice corruption. The foundation of Nigeria’s posterity is already destroyed, that is why a “righteous” man like Buhari has not been able to do anything.