Legal Nigeria

PALLIATIVE MEASURES, NOT DISCRIMINATORY MEASURES – Adeboye ‘Seye Thompson

Adeboye ‘Seye Thompson

Shirley Chrisholm, America’s first black congresswoman said so many things at her swearing in ceremony as a congress woman but one statement that I held dear to heart was when despite acknowledging her society-imposed challenges of being a woman and a black, she said “my voice will be heard.” Thus, if my voice is a lone voice in the wilderness referred to in the Biblical verses of Matt 3:3; Mark 1:3; Luke 3:4, John 1:23 and Isaiah 40:3, I might not be bothered.

We have all been faced with the COVID 19 pandemic and truly, nobody has been exempted. COVID 19 has shown that it is no respecter of persons or positions. COVID 19 has shown that the fact that the “rich also cry” is beyond the title of the popular Mexican movie which hit the Nigeria screen in the early 90’s.
The cases increase by the day and the impacts are felt by all.

In a bid to alleviate the suffering of its young members who are seen as the most vulnerable, the Nigerian Bar Association (NBA) in its wisdom has put up palliative measures to assuage the hardships faced.
Quite curiously however, the NBA made some exemptions to the palliative measure distribution and sitting pretty among them is the exclusion of young lawyers who are in the employment of Senior Advocates of Nigeria (SANs).

With due respect, so many questions arise

a. Do young lawyers working with SANs not pay practicing fees?;

b. If they do, do they pay different practicing fees?;

c. Has COVID 19 made an exemption in exerting its rigours on young lawyers with SANs?;

d. Do young lawyers with SANs attend different conferences?;

e. Is it not possible for a SAN to face the crunch economic hardships which COVID poses?;

f. Is it not possible for a non-SAN to be well-placed to address the crunch economic hardships which COVID poses? Etc
Perhaps, our highly respected and revered echelons at the NBA believe that as a rule, young lawyers with SANs are automatically comfortable.
This is with respect a sweeping assumption.
Are the SANs making money somehow and differently from every other lawyer during this period?
Is it a crime to be a SAN?
Even if it is a crime, should the juniors pay for such crime?

It is perhaps wrongly assumed that because a SAN in perhaps Abuja and Lagos can pay salaries during this period, all SAN including the ones in non-commercial cities can do so as well? Are all young lawyers not scared of losing their jobs in this period? All over the world, there is a high risk of job loss and economic crisis. Are SANs immuned? The decision is with respect discriminatory and aimed at placing some young lawyers above the others even when we were all called to the same bar, the great Nigerian Bar.

Older lawyers are even the ones bearing bigger financial distress at a time like this. They will have more mouths to feed, bigger children to cater for, more pressure from family and friends cum office expenses. By the rule, it means a counsel in some top commercial firms (who have no SAN), who pay their juniors well will be qualified, while lawyers who work for silks who are mostly not well paid will not be qualified.
Restricting the measures to 1-7 might be a wrong assumption that all lawyers above 7 years at the bar are comfortable. That might not be true and this is even compounded by the fact that COVID19 eats deeper into our society. A little over a month ago, we had just 12 cases but now we have 1098 cases

Let me conclude with the famous story of Alaafin Ajaka, a former Oyo Emperor who had dreadlocks (referred to as Dada in Yoruba land) and was of peaceful disposition.
This peaceful disposition made his subjects and enemies perceive him as a weak person. He was captured by some enemies and had to be rescued by his younger brother, Sango who was fierce and fearless in battle.
This led to the famous Yoruba adage that ‘Dada o le ja sugbon o ni aburo to gboju’ meaning that the dreadlocked man cannot fight but he has a younger brother who is fearless.

Our young lawyers of 1-7 working for SANs may not be able to speak for themselves but they need our elders and leaders to speak out on their behalf in these trying and challenging times to ensure that justice is done.

Adeboye ‘Seye Thompson hurriedly writes from the Ilorin branch“`