As the National Association of Nigeria Travel Agencies (NANTA) approaches its golden jubilee, Prof. Kemi Pinheiro OFR, has urged members to prioritize building a “Legally Grounded, Ethically Driven, and Globally Respected Association”, which was the theme of the NANTA 49th Annual General Meeting in Lagos.
In his keynote address, Prof. Pinheiro reaffirmed the critical need for a robust constitution to solidify NANTA’s foundation and elevate its standing within Nigeria’s travel and tourism sector.
Highlighting the current lack of a statutory charter, Pinheiro explained that while NANTA operates as an Incorporated Trustee under the Companies and Allied Matters Act (CAMA) 2020, a formal charter could empower it as a professional regulatory body for the travel profession nationwide.
He underscored that the existing (draft) constitution, while mandatory for an Incorporated Trustee, needs strengthening to ensure sustainable growth and influence.
Drawing an analogy, the renowned legal practitioner likened crafting a constitution to designing an efficient airport terminal, where clarity and proper structure ensure smooth operations, contrasting it with a poorly designed one that leads to confusion and frustration.
He cited legal definitions, including that of Learned Silk, Sebastine T. Hon SAN, who described a constitution as the “organic law” from which all actions derive legitimacy.
Referencing the philosophical insights of Thomas Hobbes, Prof. Pinheiro stressed that without structure and rules, institutions risk failure, and for NANTA, the constitution is that vital unifying legal instrument.
The legal authority of an association’s constitution was further reinforced by the Court of Appeal’s pronouncement in Mohammed v. Sokoto (2021), which affirmed it as the supreme guide for all activities, binding on members and requiring strict adherence.
He pointed out several intricacies that a comprehensive constitution should address, including members’ rights and obligations, governance frameworks, decision-making processes, and ethical standards.
Specifically, the Prof. examined aspects of NANTA’s current constitution, identifying potential ambiguities and omissions.
He raised concerns about the lack of clarity regarding who can vote on behalf of member organizations, the rights and obligations of probationary “Associate Members,” and the legal status and reactivation process for “dormant” members due to financial non-compliance.
Pinheiro also noted the absence of an explicit disqualification for trustees under the age of 18, as mandated by CAMA 2020.
While acknowledging that NANTA’s constitution references CAMA 2020 for matters not expressly provided, he emphasized the importance of incorporating key statutory requirements directly into the constitution for clarity and legal certainty.
He echoed the Supreme Court’s view, as expressed by Justice Abiru, that a constitution should empower leadership while also imposing necessary restraints to prevent both tyranny and anarchy within the association.
Drawing parallels with the Nigerian Bar Association (NBA) and the American Society of Travel Advisors (ASTA), Prof. Pinheiro stressed the necessity of embedding high ethical and professional standards within NANTA’s constitution to enhance its credibility and reinforce industry trust.
He also highlighted that a constitution is a “living instrument” that should include provisions for periodic reviews, amendments, stakeholder consultations, and mechanisms for addressing emerging issues.
Pinheiro passionately advocated for the active involvement of all NANTA members in the constitution-building process, quoting Rohini Nilekani’s assertion that “we must be participants; we must be co-creators” of good governance.
Calling for a collective action, he urged members to work together to create a constitution that reflects their shared vision and ensures NANTA’s transformation into not just a national icon, but a globally respected leader in travel and tourism as it approaches its 50th anniversary.
