NBA Annual General Conference 2025 – Day 5

As the conference continues today, we bring you a recap of the major highlights from Day 5 of the NBA AGC 2025.

PLENARY SESSION: Citizens’ Rights and National Security Concerns in Nigeria: The Armed Forces of Nigeria In Perspective
The plenary session was coordinated by Chukwuma Ezeala and moderated by Babatunde Ogala SAN, who opened with a compelling call to action for lawyers with a panel featuring top personalities like Gen. CG Musa OFR (Chief of Defence Staff), Inspector General of Police, DG of SSS, Prof. Ojukwu (Chairman, National Human Rights Commission), Mr. Opeyemi Ademolekun, Femi Falana SAN, Prof. Mike Ozekhome SAN, Chief Emeka Ngige SAN. Ogala emphasized the need for intentional collaboration between the legal profession and security agencies, urging the parties to build lasting partnerships rooted in accountability and mutual respect. He challenged lawyers to take an active role in training security personnel, particularly in areas such as evidence gathering and legal compliance, while also holding ourselves to a higher standard of engagement.

The keynote address was delivered by Gen. CG Musa OFR, Chief of Defence Staff, citing a nuanced perspective on the balance between citizens’ rights and national security. He defined citizens’ rights as legal entitlements within a state and described national security as the safeguarding of a nation’s stability and its people. Gen. Musa acknowledged the troubling allegations of human rights violations by security agencies—including extrajudicial killings, extortion, torture, and excessive force— and unequivocally condemned such practices. He stressed the importance of rebuilding public trust and affirmed the Armed Forces’ commitment to respecting civil liberties while addressing threats such as insurgency in the North-East and separatist movements in the South-East.

The Inspector General of Police, represented by an Assistant Inspector General, highlighted reforms under the Police Act of 2020. These include provisions for gender rights, community policing, and protections against arbitrary arrest and torture. Notably, the Act guarantees suspects the right to legal representation—even at the expense of the police—and prohibits arrest in lieu of another person. The AIG emphasized the police’s evolving mandate, which now prioritizes technology, human rights, and community engagement.

B.N. Dauda, representing the Director General of the State Security Service, offered a candid reflection on the role of law enforcement. He acknowledged that officers are prone to human error but assured that compensation is provided when rights are violated. He cautioned against the notion of absolute freedom, which he equated with anarchy, and called for constructive feedback from the legal community to improve agency practices.

Chief Emeka Ngige (SAN), Chairman of the Council of Legal Education, reinforced the idea that security should serve as a tool for protecting human rights. He referenced Chapter 4 of the 1999 Constitution and called for the release of Nnamdi Kanu, urging the judiciary to expedite hearings on critical matters such as the state of emergency in Rivers State. He also commended the Enugu State Government for resisting the “sit-at-home” order and advocated for consistent court sittings on Mondays.

Prof. Mike Ozekhome (SAN) delivered a passionate critique of the misuse of national security, arguing that it often serves the interests of those in power rather than the general public. He asserted that rights are meaningless without good governance and security, and emphasized the importance of emotional, mental, and job security, making an allusion to Fela’s popular song — “Human rights na my property”.

Femi Falana (SAN) opened by addressing the inhumane treatment of citizens by law enforcement agencies, insisting that families must be notified immediately upon arrest. He condemned the Armed Forces’ involvement in election management, warning that it fosters voter intimidation. He urged lawyers to engage with Commissioners of Police and ensure that the provisions of the Administration of Criminal Justice Act (ACJA) and the Police Act are upheld.

Prof. Tony Ojukwu, Chairman of the National Human Rights Commission, expanded the concept of security to include economic and social dimensions. He cited instances where the DSS was held accountable for rights violations and referenced the disbandment of SARS following the End SARS protests as a milestone in human rights advocacy.

During audience participation, an attendee advocated for gender inclusion on the panel, reminding us that women’s rights are human rights. Others raised concerns about ongoing abuses in military barracks and the controversial practice of police demanding mobilization fees for investigations. The legal community was challenged to confront impunity and resist complicity in unlawful practices.

In summary, the panelists charged the judiciary system in contributing to a just and secure Nigeria. It reinforced the need for vigilance, collaboration, and unwavering commitment to the rule of law.

SHOWCASE SESSION 1: MARITIME SECURITY:  PEACEFUL WATERS

In this session, coordinated by Chukwuma Ezeala, the evolving landscape of maritime security in Nigeria was discussed by prominent panellists like Chudi Ofodile, M.D. Tantita, Abubakar Umar Issa, Hon. Justice Daketima Gabriel Kio, with a particular focus on the Niger-Delta region.

A key highlight of the session was the presentation by the spokesperson of the Niger Delta Development Commission (NDDC), who emphasized the untapped potential of the region’s blue economy. According to the spokesperson, the blue economy represents the future of the Niger Delta, and Nigeria must begin to leverage its vast maritime resources more strategically. While the NDDC is actively collaborating with various partners and commissioning groundbreaking projects, the spokesperson stressed the need for robust policies and legal frameworks to ensure waterway security.

At the same time, the judiciary system was tasked to establish special courts dedicated to prosecuting vandals and other actors who compromise the safety of Nigeria’s waterways. This, the spokesperson argued, would accelerate justice delivery and serve as a deterrent to maritime crime. Surprisingly, it was noted that piracy within Nigerian territorial waters has drastically declined since 2021 and is practically nonexistent in 2025 — a testament to the effectiveness of recent security interventions.

Senator Dino Melaye also contributed to the discourse, calling for greater transparency and accountability within the NDDC. He urged the Commission to remain focused on its developmental mandate and ensure that its interventions translate into tangible improvements for the people of the Niger Delta.

The whole session was complemented by a Q&A session where the audience asked pertinent questions about the current state of the region and the implementation strategies for existing policies like the potential of inland waterways and how they could be better integrated into Nigeria’s broader economic and security frameworks. In response, the Managing Director of the NDDC reaffirmed the Commission’s commitment to transformative projects. He highlighted ongoing initiatives, including the launch of groundbreaking infrastructure, the awarding of scholarships, and strategic collaboration with the Nigerian Bar. These efforts, he noted, are aimed at fostering sustainable development and enhancing legal support for maritime governance.

Overall, the session underscored the critical role of legal practitioners in shaping maritime policy and supporting security efforts.

Breakout Session 1: BUILDING THE FUTURE FIRM
The Breakout Session 1 opened with the lead speaker, Tominiyi Owolabi, talking about comparative analysis of law practice in Nigeria versus jurisdictions like South Africa, the United States, and the United Kingdom. These countries, he noted, have successfully leveraged technology and artificial intelligence to revolutionize legal services, positioning themselves as global leaders in the legal industry. For him, Nigerian lawyers must re-strategize and streamline their operations to remain competitive. The business of law, he emphasized, is highly profitable— but only for those who understand the importance of branding, positioning, and innovation.

Gladys Obade added a compelling layer to the conversation, pointing out that while the wealthiest law firms are based in the US, much of their revenue is generated from African markets. She stressed the importance of global visibility and the need for Nigerian firms to enter international rankings. She explained, these are determined by factors such as peer reviews, client feedback, specialization, performance metrics, professional achievements, and publications. Obade encouraged young lawyers to pursue excellence, seek out mentors, and build strong foundations early in their careers, while urging educators to prioritize practical and experiential learning over theoretical instruction.

The moderator, Dr. Agada Elachi, SAN, sparked a lively discussion by asking how many lawyers in the room charged consultation fees before offering legal advice. He made a strong case against free consultations and discouraged undercharging, arguing that such practices devalue the profession and undermine its sustainability.

Dr. Cousins introduced a framework for building a “front-facing” law firm, emphasizing the importance of understanding both the business and practice of law. He urged lawyers to focus on value creation and adopt a mindset of “sustainable profitability and profitable sustainability.”

Adeola Adedipe (SAN) reinforced the need for structure in law firm operations. He insisted that law firms must be properly registered and strategically branded. He advocated for partnerships and collaboration as tools for growth and encouraged firms to carve out niches that distinguish them in the marketplace.

In the end, there was a Q&A session that addressed issues around remuneration, consultancy fees, advertising of legal services, and the need to establish a standard minimum billing threshold. There was a shared consensus that the legal profession in Nigeria must evolve—not only to meet the demands of a changing world but to assert its relevance and value in the global legal ecosystem.Image

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BREAKOUT SESSION 2:Relitigating Alternative Dispute Resolution in Nigeria
This breakout session brought together a distinguished panel of legal minds to discuss the evolving role of Alternative Dispute Resolution (ADR) in Nigeria, particularly in light of the recently enacted Arbitration and Mediation Act (AMA) 2023. The session was led by Prof. Fabian Ajogwu, SAN (Lead Speaker), and featured insightful contributions from Hon. Justice Enenche Eleojo (JCA), Kehinde Ogunwunmiju, SAN, and Rachael Osibu, Esq. The discussion was moderated by Prince Tokunbo Kayode, SAN, with Aisha Ado Abdullahi serving as Coordinator.

The lead speaker, Prof. Fabian Ajogwu, SAN, maintained that the AMA 2023 was a landmark legislation aimed at enhancing the efficiency and flexibility of dispute resolution in Nigeria. The Act does not seek to displace litigation, but rather to complement it, creating a more integrated system where arbitration, mediation, and court processes work in tandem. He highlighted several provisions of the Act that reinforce judicial support for arbitration, which include Section 16(1), which introduces the appointment of an emergency arbitrator; Section 19, which provides for interim protection of the subject matter of disputes; and Section 63, which enables courts to compel witness attendance in arbitral proceedings. Sections 57 and 58 provides for the enforcement of arbitral awards, ensuring that the outcomes of ADR processes are respected and upheld by the judiciary.

The panel discussed the dynamic relationship between litigation and arbitration, describing it as a complementary “race” in which one process may initiate proceedings while the other completes them. This functional interplay raised important questions about the future of dispute resolution in Nigeria on our reliance on litigation as the default mechanism and whether we should embrace a multiplicity of avenues, each suited to the nature and urgency of the dispute at hand.

A poignant illustration of the limitations of litigation was provided through the case of Mr. Mwana v FCDA (2007) 11 NWLR Pt. 1041. Mr. Mwana, a public servant, was dismissed in 1989 over allegations of absenteeism and an unclaimed journey to Enugu. By 2007, the matter remained unresolved after 18 years, hindered by procedural delays and an incomplete appellate record. The case had yet to be heard by the Supreme Court, and the litigant appeared to have abandoned his pursuit of justice. This example underscored the need for more timely and effective mechanisms for resolving disputes.

Despite the promise of ADR, the panel acknowledged several persistent challenges. Certain matters—such as tax disputes and divorce—remain un-arbitrable under Nigerian law. Other issues include poor award writing, inconsistent arbitrator appointments, and the high cost of arbitration training. However,  arbitration training is now available within Nigeria, and institutions such as the Nigerian Institute of Chartered Arbitrators, CEDA UK, and NCMG are playing a vital role in building capacity. Advocates like Aisha Ado Abdullahi Kena were commended for their contributions to advancing ADR practice.

Similarly, the judiciary was identified as a key stakeholder in the success of ADR in that the courts must adopt a more settlement-oriented approach, encouraging parties to explore mediation and arbitration where appropriate. They claimed procedural rules should be revised to reinforce ADR mechanisms and ensure they are not merely optional, but integral to the litigation process.

In conclusion, they noted that the AMA 2023 offers a robust framework for integrating ADR into Nigeria’s justice system. But, its success will depend on the collective efforts of legal practitioners, judges, institutions, and policymakers. The legal community must continue to interrogate whether litigation remains the optimal path—or whether justice is better served through diversified, efficient, and accessible mechanisms.

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