NBA-Rivers N300m Row: A Defining Legal Test — Ubani

The ongoing controversy surrounding the N300 million donation made by the Rivers State Government under Governor Siminalayi Fubara to the Nigerian Bar Association (NBA) has captured national attention, with renowned legal practitioner and public affairs analyst, Dr. Monday Onyekachi Ubani, SAN, describing it as a defining moment for Nigerian jurisprudence.

 

In a press statement, Dr. Ubani highlighted 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.

 

The Rivers State Government, under the now-suspended Governor Fubara, had made a N300 million donation to support the 2025 conference, traditionally seen as a gesture of goodwill.

 

However, following political upheaval in Rivers State — which saw President Bola Tinubu dissolve the democratically elected state structures and appoint a sole administrator, Mr. Ibas — the NBA took a bold stance.

 

The association condemned the federal action, calling for the reinstatement of the elected government and relocating its annual conference from Port Harcourt to Enugu in protest.

 

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.

 

Dr. Ubani 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 asked: 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?

 

He 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 emphasized 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 donor, 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.

 

In conclusion, 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.

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