FRANCIS IWUCHUKWU 
The request by the Rivers State Sole Administrator, Vice Admiral Ibok-Ete Ibas (Rtd), that the Nigerian Bar Association (NBA) should return the N300m donated by the suspended governor of the state, Siminalayi Fubara, has elicited reactions from lawyers.
To the men of the wig and gown, the NBA should refund the money in order to preserve the Bar’s integrity. FRANCIS IWUCHUKWU reports
Some senior lawyers have insisted that the Nigerian Bar Association (NBA) should, without any further delay, refund the N300 million reportedly received from the Rivers State Government in support of the 2025 Annual General Conference of the association.
The lawyers spoke on the heels of the recent demand by the Sole Administrator of the state, retired Vice Admiral Ibok-Ete Ibas, that the funds should be returned to the purse of the state government.
Baring their minds on the issue at the weekend, the lawyers noted with dismay that the NBA could descend so low to such a level where it could be ridiculed by those in government, just as they tasked the NBA to leave above board.
Recently, the Rivers State Sole Administrator had confronted the Nigerian Bar Association (NBA), to return the N300 million it received from the suspended Governor of the state, Siminalayi Fubara when he held sway. According to Ibas, the fund was made available to the NBA to host its Annual General Conference in Port Harcourt, but it was later relocated to Enugu State.
A statement made public by Ibas’ spokesperson, Hector Igbikiowubo, reads: “Failure of the NBA to immediately refund the N300 million to the Rivers State Government will compel the implementation of all legal means to recover the property of the good people of Rivers State.
“While we respect the NBA’s right to choose its conference venues, we find it curious that the association, despite its ‘principled position’, didn’t address the refund of the N300 million already paid by the Rivers State Government for the hosting rights of the 2025 conference”.
NBA’s stance
The lawyers’ association had made an announcement concerning the relocation of its 2025 Annual General Conference, formerly scheduled to be held in Port Harcourt, Rivers State, but will now be held in Enugu, due to the recent declaration of emergency rule in Rivers State.
The NBA had maintained that while there was widespread excitement over Port Harcourt being the host city for the 2024 Conference which was evident in the soaring registration figures, the presence of an appointed sole administrator who is a retired military officer operating with command-style approach will no longer permit the Garden City to be retained as the host city.
In a statement jointly signed by the NBA President, Afam Osigwe (SAN), the General Secretary, Mobolaji Ojibara and the AGCPC chair, Emeka Obegolu (SAN), the NBA noted that the sole administrator, though clad in civilian attire, has adopted military governing style, thus undermining democracy.
The statement reads: “Indeed, before the declaration of a state of emergency in Rivers State on March 18, 2025, registration figures had soared, reflecting the excitement and eagerness of members to attend. “However, the unfortunate turn of events in Rivers State has understandably stalled the momentum and affected advanced preparations for the conference.
There’s no basis for the NBA going around begging for money to host a conference
“Currently, Rivers State is being governed by a retired military officer, appointed as a Sole Administrator, who operates with a command style approach that disregards constitutional provisions, court decisions, and pending litigation. “His actions have undermined democratic institutions and processes, flouting the rule of law with impunity.
Though clad in civilian attire, he governs as though the state is under military rule. “This has prompted members to call for a change of venue, and the voices grew stronger over time. “A meeting was convened in this regard with the Chairmen of NBA branches in Rivers State.
An emergency session of the National Executive Council was held on March 27, 2025, and there was an overwhelming consensus that the NBA could not, in good conscience, proceed with the AGC in a state governed unconstitutionally by a Sole Administrator”. The statement added that the NEC reaffirmed that the state of emergency declared in Rivers State violates Section 305 of the 1999 Constitution.
The NEC equally unanimously agreed that the suspension of elected officials and democratic institutions contravenes Sections 11 and 188 of the Constitution and the purported ratification by the National Assembly, executed via voice vote rather than the constitutionally required two-thirds majority amounts to a grave constitutional subversion, stressing that even if the proper procedure had been followed, it would not legitimize an unconstitutional proclamation.
“Given these undemocratic developments, Port Harcourt can no longer be considered a justifiable venue for the 2025 AGC. “To hold our flagship event in such circumstances would amount to a tacit endorsement of constitutional violations and subversion of the rule of law. “The NBA has taken a principled position by the law: the appointment of a Sole Administrator in Rivers State is unconstitutional.
“Consequently, and in alignment with the overwhelming position of NEC and the broader membership, we are compelled to relocate the 2025 AGC to a state where constitutional democracy remains intact. “We are pleased to announce that the 2025 Annual General Conference will now be held in the historic Coal City of Enugu.
“The city possesses the infrastructure and capacity to host a conference of our scale and significance. “We are confident that, with concerted efforts, this change of venue will not compromise our commitment to delivering a successful and impactful Conference”, the statement concluded.
While further insisting that the N300 million donated by Governor Siminalayi Fubara, was a gift, and not a loan, the association, in a statement issued by Emeka Obegolu, SAN, Chairman of the 2025 Annual General Conference (AGC) Planning Committee, clarified that the decision to host the 2025 AGC in Port Harcourt was made in August 2024.
This decision, according to the SAN, was neither a result of any bidding process, nor did it involve the payment of hosting rights. Obegolu, in throwing out Ibas’ demand, maintained that the money which was released under Fubara, the suspended Governor of Rivers State, was a gift that was not tied to any purported hosting right.
The NBA, in the statement, contended that it was normal for its organising committee, given the enormous cost involved in hosting the AGC, to approach organisations, agencies of government and state governments for support.
The statement reads: “The attention of the Annual General Conference planning committee has been drawn to a statement credited to the Administrator of Rivers State to the effect that the Rivers State government paid hosting rights for the hosting of the NBA AGC 2025.
“We wish to clarify that the decision to host the 2025 AGC in Port Harcourt was taken in August 2024 and was not subject to any bidding process or payment of any hosting rights. The host city has no hosting rights, and there is no representation by the NBA that the conference must be held in a chosen city.
“Traditionally, because of the enormous cost involved in hosting the AGC, the NBA Conference Planning Committee approaches organisations and agencies of government and state governments for support, and the support requested is unconditional and not tied to hosting rights or any rights whatsoever.
“Recent NBA conferences have been supported by different state governments, corporate organisations, ministries, departments and agencies whose budgets accommodate corporate social responsibilities and share the same vision with NBA. Such financial support is in the form of gifts, partnerships or sponsorships. “The money from Rivers State was a gift and was not tied to any purported hosting right for the NBA AGC”.
Ibas threatens legal action
Meanwhile, the Sole Administrator of Rivers State has threatened to seek legal redress shouid the NBA fail to heed his request for the refund of the N300 million. Ibas, in a statement issued through his media aide, Hector Igbikiowubo, maintained that the fund was released to the NBA with an understanding that its conference will be staged in Port- Harcourt.
The statement reads, “For clarity, the Rivers State Government’s records showed that the payment of N300 million to the NBA was made with the mutual understanding that Rivers State would host the 2025 edition of the NBA AGC.
“The Rivers State Government entered into this arrangement with the NBA in good faith, with the understanding that hosting the conference in the state would attract significant economic benefits to our state, positively and directly impact the businesses of our people.
“The NBA’s unilateral decision to relocate the AGC 2025 against our mutual understanding and subsequent decision to withhold the N300 million paid for the purpose of hosting the NBA AGC 2025 in Rivers State is unethical and amounts to a breach of trust.
“Failure of the NBA to immediately refund the ₦300 million to the Rivers State Government will compel the implementation of all legal means to recover the property of the good people of Rivers State. “We reaffirm our willingness to engage in partnerships with all professional bodies, including the NBA, but we will not accommodate exploitation of our people and the Rivers State Government”.
Lawyers’ positions
In the meantime, some senior lawyers have asked the Nigerian Bar Association (NBA) to immediately refund the N300 million so as not to tarnish the image of the Bar. They said the action of the NBA could erode public confidence in the its objectivity and moral authority.
Speaking on the issue, a Senior Advocate of Nigeria (SAN), and human rights lawyer, Ebun-Olu Adegboruwa, called upon the NBA to without any further delay refund the N300 million, reportedly received from the Rivers State Government in support of the NBA’s Annual General Conference.
Adegboruwa who expressed shock and disbelief over the financial contribution, argued that the NBA, as the conscience of the society and a guardian of the rule of law, should not be seen courting government patronage particularly at a time when Nigerians are grappling with economic hardship and alleged human rights violations.
He said: “All lawyers in Nigeria pay their practicing fees annually. Money is also charged for lawyers who wish to attend the conference. “There is no basis for the NBA going cap in hand to beg for money to host a conference,” he said. The SAN posited that the association must immediately return the funds, stating that accepting such a “gift” undermines the independence of the Bar.
He made the proposal that the fund be paid into an escrow account with the Central Bank of Nigeria, pending what he described as the “restoration of democracy” in Rivers State. The senior lawyer issued a warning that continued association with the government could erode public confidence in the NBA’s objectivity and moral authority.
“Lawyers are the conscience of the society, who are expected to champion the rule of law. Such an organisation should not be seen to be romancing with any government, socially in the face of suffering by the masses of our people due to wicked economic policies and human rights abuses by the government.
When the NBA goes to government for funding, it risks losing its moral authority and independent voice
“After all, he who pays the piper dictates the tune,” Adegboruwa said. Calling the donation a “collective shame,” the senior advocate urged elders of the Bar to intervene swiftly “If the money has already been spent, I urge all SANs and senior lawyers to contribute N1m each in order to raise the money,” he said.
“Going forward, NBA should tread cautiously in raising funds from all manner of persons and institutions,” he added, emphasising that Nigerian lawyers are well capable of funding the Bar’s programmes independently.
Dr Monday Ubani is another SAN who said the ongoing controversy surrounding the N300 million donation made by the Rivers State Government under Fubara to the NBA is a defining moment for Nigerian jurisprudence Dr Ubani insisted that while it is not unusual for state governments to offer financial support to the NBA’s Annual General Conference, this year’s incident has taken a different turn.
According to Dr Ubani, “the new emergency government in Rivers State subsequently demanded a refund of the N300 million, arguing that the money was meant specifically for hosting the event in Port Harcourt.
“The NBA, however, insisted that the donation was an unconditional act of goodwill, not tied to any location, and therefore not subject to refund.” The SAN observed that this dispute raises important legal and ethical questions about the propriety of professional associations like the NBA receiving financial support from government entities.
He queried: “Was the donation conditional or unconditional? Was it a contractual obligation or a voluntary public gesture? “Does a change of venue frustrate the original intention behind the donation? Can a successor government reclaim public funds donated by a predecessor without clear proof of fraud or misuse?”
Dr Ubani further noted that the Sole Administrator’s allegations of bias against the NBA, based on the financial support it received, introduce a delicate ethical dimension to the matter. The threat of legal action against the NBA, he added, would likely test the legal boundaries of government patronage to professional bodies in Nigeria.
Dr Ubani emphasised that if the matter proceeds to court, it could create a lasting judicial precedent on the obligations and boundaries of professional bodies in their dealings with government institutions. “This moment will be remembered as one that helped shape jurisprudence on the obligations and boundaries of professional bodies in relation to government patronage,” he stated.
The Senior Advocate of Nigeria also pointed out that clarity from Governor Fubara, the original donour, could be pivotal in resolving the issue. He noted that the ongoing public and legal debates could intensify until the former governor breaks his silence, a move which may serve as a turning point in the controversy.
Dr Ubani urged the NBA to maintain professionalism, legal integrity, and calmness in its response, stating that the association’s handling of the matter will not only affect its reputation, but also influence how future professional associations in Nigeria manage financial relationships with government bodies.
Another senior lawyer, Jiti Ogunye, argued that the NBA should never seek government funds, as doing so could compromise its neutrality, especially when it needs to speak out against governmental abuses or breaches of the rule of law. “When the NBA goes to the government for funding, it risks losing its moral authority and independent voice.
“The association must rely solely on contributions from its members, including conference fees and special levies,” Ogunye warned. He further argued that while it’s straightforward to account for member-generated funds, it becomes difficult to track or justify unsolicited financial gifts, leading to transparency concerns.
Ogunye cited disputes during the last Annual General Conference (AGC) over such unaccounted funds, highlighting the need for stricter financial discipline. He emphasised that the NBA, as a body that promotes the rule of law and accountability, should lead by example.
“Was the N300 million budgeted for? The NBA, given what it represents, should not be endorsing off-budget expenditures,” he said. Ogunye added that the NBA is capable of funding its events through the support of its wealthy members and should uphold financial independence and transparency at all times.
