Lawyers weigh in on crisis rocking Body of Benchers

DEBORAH MUSA writes on lawyers’ reactions to the crisis rocking the Body of Benchers which is regarded as a body of practitioners of the highest distinction in the country’s legal profession

Given its membership and the reasons behind its formation some years ago, one would think that the Body of Benchers, Nigeria’s legal body housing legal practitioners of the highest distinction in the profession, will operate devoid of crisis. But recent events occasioned by a superiority battle between the Chairman of the body, Asiwaju Adegboyega Awomolo, and Chairman of the Appointments Committee of the Body of Benchers, Austin Alegeh (SAN), have left much to be desired.

The battle between the duo came after Awomolo’s controversial move upon assuming the BOB chairmanship, where he allegedly unilaterally dissolved all committees and reconstituted them without consulting the larger body.

Alegeh wrote a protest letter dated May 2, 2024, to the Secretary of the Body, complaining about the illegality of Awolomo’s steps and demanding a reversal but the chairman allegedly ignored the letter and recently warned Alegeh not to disrupt the operations of the appointments committee.

Peeved by the development, Alegeh approached a Federal High Court in Lagos to stop Awomolo from effecting his plan.

Last week, the court issued an interim injunction restraining Awomolo from removing Alegeh as Chairman of the BOB Committee on Appointments.

The ruling, delivered by Justice Lewis Allagoa, came in response to a 50-paragraph affidavit submitted by Alegeh.

Justice Allagoa granted Alegeh’s request to prevent Awomolo from making any changes to the leadership of the appointments committee.

The development has attracted different reactions from legal luminaries in the country.

A lawyer, Olatunji Salawu, noted that if the chairman has the power to constitute the committee then it wouldn’t be out of place for him to reconstitute the same committee, unless otherwise.

Explaining his understanding of the crisis, he said, “There is a change in leadership in the Body of Benchers which is a tenure of one year. As a new chairman, Chief Awomolo reconstituted the existing committee they have in the BOB. This is a committee that was constituted towards the tail end of the tenure of the immediate past chairman, Justice Mary Odili.

“Alegeh and the others are aggrieved that they were reconstituted and have a tenure of three years and the three years have not expired; hence Awomolo cannot reconstitute.

“Now, the aggrieved are challenging whether he has the power to reconstitute.

“I am not a member of BOB, so I cannot tell how it completely works there and I am not familiar with their rules or if the chairman has the power to constitute but my opinion is if he has the power to constitute, then he can also reconstitute.

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“He can choose to reconstitute a committee to those he can work with or those who can make the tenure effective.

“If the committee was constituted by the vice chairman, it means the chairman can reconstitute it. He can choose to rejig it if he doesn’t think the committee is strong enough but if there is a written down rule on it or the committee’s tenure, then he cannot. He has to follow the written down rule.”

Also speaking on the crisis, Emeka Ngige (SAN) urged the parties involved in the disagreement to let peace reign.

He said “We pray for peace to reign. We don’t need a crisis in the Body of Benchers because we will be sending the wrong signal to lawyers and law students. The BOB is a body of lawyers with the highest distinction. This is strange and it has never happened before.

My advice is that the combatants should sheathe their swords and let peace reign.”

Another Senior Advocate of Nigeria, Lekan Ojo, said, “It is unfortunate. We are hoping that the elders of the profession will have the crisis resolved.”

One of the aggrieved in the matter, Augustine Alegeh, noted that the matter is already in court. He said, “It is a matter that can be resolved easily.”