The President of the Nigerian Bar Association (NBA), Afam Osigwe (SAN), has insisted that the Attorney General of the Federation (AGF), Prince Lateef Fagbemi (SAN), has no legal authority to postpone the association’s national elections, warning that any attempt by the executive to interfere in the NBA’s internal electoral process would undermine the independence of the legal profession.
Osigwe made the position known on Friday during an interview with ARISE NEWS while responding to reports that the Attorney General had advised the NBA to postpone its July 18, 2026 national elections.
The reported advisory also called for the disbandment of the NBA Election Committee and proposed the introduction of the National Identification Number (NIN) as part of the voter verification process following disagreements over the conduct of the election.
However, the NBA president maintained that while the Attorney General is entitled to express his opinion, he has no constitutional or statutory power to issue binding directives to the association.
According to him, the affairs of the NBA are regulated by its Constitution, the Legal Practitioners Act and other rules governing the legal profession, none of which gives the Attorney General the authority to postpone the association’s elections.
“No, obviously not. He doesn’t have the legal backing to postpone our elections,” Osigwe said.
He argued that accepting such a directive would amount to treating the NBA as a department under the Office of the Attorney General, contrary to the association’s independent status.
“Suggesting that he does would mean that the NBA is no different from a department under the Office of the Attorney General of the Federation,” he said.
Osigwe stressed that although the Bar respects the office of the Attorney General and may consider advice from it, such opinions cannot be presented as compulsory directives.
“That is not to suggest that if the Attorney General gives views, the Bar would not consider them. But the fashion the directives were couched—as a must-do directive—would be unacceptable for the Bar to willingly carry out.
“We have a constitution, the Legal Practitioners Act, and other rules that regulate the profession. In none of these instruments was the Attorney General given the power to do what he is trying to do,” he added.
The controversy comes amid growing debate within the legal community over the conduct of the NBA’s 2026 national elections, with some members raising concerns about the electoral process and calling for reforms.
The Attorney General’s reported proposal to introduce the National Identification Number as part of voter verification was aimed at strengthening the credibility of the election.
However, Osigwe maintained that all necessary arrangements had already been made to ensure a free, fair and transparent election.
He also addressed concerns over zoning and the emergence of a consensus candidate, insisting that the NBA Constitution clearly outlines who is eligible to contest elective offices.
According to him, eligibility is determined solely by the constitutional requirements and not by endorsement from any pressure group or professional association.
He explained that anyone seeking to contest for the office of NBA president must have served as a member of the National Executive Council for at least two years before nomination, be at least 15 years post-call to the Bar, and have paid practising fees and branch dues for the three years preceding the election, including the election year.
“There is no provision in the NBA election guidelines that changes eligibility based on being presented by any specific group, whether known to the NBA constitution or not,” Osigwe said.
He argued that any lawyer who satisfies those conditions has the right to seek election, regardless of whether they enjoy the backing of any organisation.
The NBA president criticised attempts by external groups to present preferred candidates and insist that the association must accept them.
According to him, such actions contradict the democratic principles the groups claim to defend.
“To suggest that a group… can sit in their own corner, choose their person, and then insist that the Bar must accept them or face being delegitimized is illogical,” he said.
“They accuse the Bar of various things and turn around to accuse others of trying to impose a candidate, when they are actually the ones imposing a candidate.”
Osigwe reiterated that the NBA remains committed to promoting the rule of law and democratic values, including the right of every qualified member to contest for office.
“For as many persons as want to run for office, it is their right,” he said.
On the participation of a female candidate in the presidential race, Osigwe described it as evidence of the association’s commitment to equal opportunity.
He said the NBA presidency is open to every qualified member irrespective of gender.
“It suggests that any qualified person can be the president,” he stated.
The NBA president also defended the association’s decision to invite independent local and international observers to monitor the election.
According to him, the move reflects the NBA’s commitment to transparency and accountability.
He disclosed that organisations such as the European Union, YIAGA Africa and several foreign embassies had been invited to observe the electoral process.
He explained that the invitation was intended to reassure members of the credibility of the election and to demonstrate that the process would be conducted openly.
“We are working to ensure that the election is free and transparent, and that all participants, whether voters or contestants, trust that the process is fair,” Osigwe said.
He added that the NBA had already addressed concerns raised by those alleging that the election could be manipulated.
“All concessions to assuage the fears of those who claim the election will be rigged—in the absence of any proof—have been addressed to give them comfort.
“That is why we say there is no reason to postpone the election. Everything is in place, and the electoral body is ready to conduct it.”
Osigwe urged all contestants to allow members of the association to decide the outcome through voting rather than seeking to delay the election.
“Go out there and test your popularity; don’t drag the association down or tarnish people’s images. May the best man or woman win,” he said.
He added that the presence of independent observers would further strengthen confidence in the process.
“That is why we invited the EU, YIAGA, and the embassies. So that those who are accusing us know that we are accountable, and we want people to come and see the transparency,” he concluded.
The Nigerian Bar Association is the umbrella body for legal practitioners in Nigeria and plays a major role in promoting the rule of law, defending judicial independence and advocating reforms within the justice sector. Its national elections, conducted periodically, determine the leadership responsible for steering the affairs of thousands of lawyers across the country.