AKPATA BREAKS SILENCE, MEETS MAIKYAU OVER HANDOVER

The President of the Nigerian Bar Association (NBA), Mr. Olumide Akpata has made a veiled reference to the crises that have dogged his tenure lately, saying that “It has been one hell of a ride, if I do say so myself.”

Akpata had taken to his verified Twitter handle (@OlumideAkpata) to announce his first official meeting with incoming NBA President, Mr. Yakubu Maikyau SAN after the establishment of their separate transition committees.

In the post sighted by CITY LAWYER, the NBA President said: “Yesterday evening I held a meeting with the President-elect of the @NigBarAssoc, Mr. Y. C. Maikyau, SAN as our recently constituted Transition Committees brainstormed on how best to ensure a seamless handover.”

Akpata then added tersely, “It has been one hell of a ride, if I do say so myself.”

Akpata’s tenure has taken a turbulent turn lately. Aside from the controversies that arose especially with the troubled appeals process that came on the heels of the 2022 NBA Elections, Akpata has waged a running supremacy battle with the Body of Benchers (BoB) over the proposed amendment of the Legal Practitioners Act (Act).

While NBA and the Body of Benchers were still trying to carve a middle ground on the matter through the Mrs. Funke Adekoya Committee, Akpata sensationally wrote to the newly minted BoB Chairman, Chief Wole Olanipekun SAN, asking him to recuse himself over the Ms. Kunbi Ogunde professional misconduct saga.

CITY LAWYER had in an exclusive report cited a complaint by former Minister of Energy and Petroleum ministries, Mr. Odein Ajumogobia SAN over an email from Ogunde, a Partner in Wole Olanipekun & Co, allegedly soliciting to take over a brief his law firm was handling from his client, SAIPEM SPA. Following his demand for an apology, Wole Olanipekun & Co apologized for the debacle and disowned the Partner. NBA has since filed a petition against the embattled senior lawyer at the Legal Practitioners Disciplinary Committee (LPDC).

The dust on the highly controversial matter has hardly settled when Akpata engaged in a highly publicized bust-up with the suspended NBA General Secretary, Joyce Oduah.

An attempt by Oduah to bounce back to her position has so far failed, as a Federal High Court sitting in Abuja refused to grant her prayer for interim reliefs, giving Akpata a slight breather. The matter has been adjourned to Tuesday for hearing of the Motion on Notice.

Stakeholders are divided on whether the twilight battles would signpost Akpata’s legacy as NBA President.

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OLANIPEKUN: OKUTEPA CRIES OUT OVER CRITICISM BY SENIOR LAWYERS

Fiery senior lawyer and former Legal Practitioners Disciplinary Committee (LPDC) prosecutor, Mr. Jibrin Okutepa SAN has distanced himself from a statement by the Justice Reform Project (JRP) asking Chief Wole Olanipekun SAN to quit his office as Chairman of the Body of Benchers (BoB).

In a statement made available to CITY LAWYER, the outspoken Bar Leader said he “left JRP long ago when I perceived the way things were being done without consultations.”

Leading senior lawyer and Chairman of JRP Governing Board, Mrs. Funke Adekoya SAN had told CITY LAWYER yesterday that both Okutepa and former Lagos State Attorney-General and Commissioner for Justice, Mr. Olasupo Shasore left the group “on issues of personal principle.”

He also berated “eminent members of the Bar” for chastising him over the recusal saga, adding that he never called Olanipekun a “superior member of the Bar.”

CITY LAWYER had in an exclusive report cited a complaint by an apparently embittered senior lawyer and former Minister of Energy and Petroleum ministries, Mr. Odein Ajumogobia SAN where he referenced an email to the SAIPEM from Ms. Adekunbi Ogunde, a Partner in Wole Olanipekun & Co, and demanded an apology from the law firm. The firm apologized for the debacle and disowned the Partner.

The NBA has filed a petition at the LPDC where it not only demanded sanctions against Ms. Ogunde, a Partner in Wole Olanipekun & Co, for alleged solicitation of briefs from Saipem SPA, but invited the Committee to “consider whether the Partners of the Firm of Wole Olanipekun & Co. are not liable to be disciplined by this august body seeing that the Respondent has the ostensible authority to act as a Partner and indeed acted for and on behalf of the said Firm.” Olanipekun is the Founding Partner of the law firm. The LPDC is a committee of the Body of Benchers.

Below is a full text of the statement.

My attention has been drawn to an unsigned statement said to have been issued by Justice Reform Projects, JRP in which my name was mentioned.

While I have no quarrel with whatever informed the reasons for the statement, I want to say categorically that I am no more a member of JRP. I left JRP long ago when I perceived the way things were being done without consultations. Prof Ojukwu SAN and many members of JRP can testify to this. Those who issued the statement should have been kind enough to have indicated that I have long withdrawn my membership of JRP.

My name is being used by different persons for different reasons on this alleged issue of professional misconduct. Many have attributed to me on social media what I did not say. For instance I did not describe Chief Olanipekun SAN as Suprior member of the Bar and couldn’t have said so yet eminent members of the Bar have gone to the media to pour venoms on me for what I did not say.

I will not support or shield any member of the legal profession who breaches or who is alleged to have breached our rules of professional Conduct in the legal profession, no matter his or her status in the legal profession, but nobody should use my name in any statement I did not authorize or attributes to me what I did not say, no matter how noble the intention may be.

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NBA PRESIDENCY: ENDORSEMENT WAR RAGES, AS BAR LEADERS BACK GADZAMA, MAIKYAU

An endorsement battle seems to be raging among the leading presidential candidates, CITY LAWYER can authoritatively report.

Bar Leaders among others are currently lining behind their preferred candidates in the hope that this will sway eligible voters to tag along.

Each endorsement is celebrated by the campaign organisations with flashy flyers highlighting the testimonial about the candidate.

CITY LAWYER observes that the endorsements are not limited to the presidential candidates, as some candidates especially for national offices have also been receiving testimonials from close aides and associates.

Among those who have thrown their weight behind the presidential aspiration of Chief Joe-Kyari Gadzama SAN are incumbent Ondo State Governor and former Nigerian Bar Association (NBA) President, Mr. Rotimi Akeredolu SAN; former Chairman of the Body of Benchers, Chief George Uwechue SAN; foremost human rights activist, Mr. Femi Falana SAN, and former Deputy Director-General of the Nigerian Law School, Prof. Ernest Ojukwu SAN.

Others are leading chartered arbitrator, Prof. Paul Obo Idornigie SAN; Messrs Zik Obi and Chuks Ikokwu, both former Presidents of Otu Oka Iwu (Law Society), the umbrella body of lawyers of Igbo extraction; Chief Martin Ogunleye, former Chairman of NBA Lagos Branch; Mr. Sylvester Udemezue, a Lecturer at the Nigerian Law School, and Hadiza Nasir Ahmad, former member of NBA Electoral Reform and Audit Committee.

On his part, Mr. Yakubu Chonoko Maikyau SAN has garnered endorsements from equally eminent Bar Leaders including Mrs. Hairat Ade-Balogun OON, a Life Bencher; foremost arbitrator and former NBA Treasurer, Mrs. Funke Adekoya SAN; former Chairman of NBA Legal Profession Regulation Review Committee, Dr. Anthony Idigbe SAN, and Mallam Yusuf Ali SAN, pioneer Chairman, NBA Section on Legal Practice (SLP).

Others are Prince Lateef Fagbemi SAN; Chief Adebayo Adelodun SAN; Mr. K. K. Eleja SAN; Prof. Wahab Egbewole SAN; former NBA General Secretary, Mazi Afam Osigwe SAN and Mr. Abdul Mohammed SAN

An aide of Taidi told CITY LAWYER that “We need to take our time to compile the list. I have asked our team members to work on it.” He was yet to revert at press time.

The NBA Election is scheduled to hold via electronic voting on Saturday, July 16, 2022. The election will be conducted on ElectionBuddy voting platform in collaboration with Finesse Technology Limited.

The presidential candidates will tomorrow go head-to-head in a hybrid Presidential Debate organized by the Electoral Committee of the NBA (ECNBA).

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IDRIS DOKO, AKPETO, ONAKOYA BARRED FROM NBA ELECTIONS BY APPEALS C’TE

The Nigerian Bar Association (NBA) National Election Appeal Committee has dismissed three more appeals filed by disqualified aspirants for the 2022 NBA Elections, CITY LAWYER can authoritatively report.

Among those who have had their fate sealed as regards contesting the elections are NBA 1st Vice President aspirant, Mr. Muhammad Idris Doko; his counterpart for the office of NBA 3rd Vice President and former Chairman of NBA Sapele Branch, Mr. Promise Besinginwayemi Awolowo Ademi-Akpeto, as well as an aspirant for the General Council of the Bar (GCB), Mr. Femi Onakoya.

It is recalled that the National Appeals Committee headed by prominent chartered arbitrator, Mrs. Funmi Roberts had earlier dismissed an appeal by Mr. Finian Eze Ndukwu, an aspirant for the post of Nigerian Bar Association (NBA) 2nd Vice President.

The committee has so far upheld all the decisions of the Ayodele Akintunde SAN-led Electoral Committee of the NBA (ECNBA) on qualification of aspirants for the eagerly awaited elections.

In the decision on Ndukwu’s obtained by CITY LAWYER, the committee stated that the sole issue for determination was “Whether upon consideration of the omissions in the Appellant’s Nomination Form constituting the basis for the rejection thereof and his disqualification thereby, the Appellant’s appeal is not devoid of merit and liable to being dismissed.”

It held that “It is therefore, our finding that the failures or omissions by the Appellant, his Nominator and Seconder in filling in those fundamental pages, portions, spaces, columns etc in the Appellant’s Nomination Form are not mere irregularities but failure to fulfil or supply to the ECNBA, facts/answers that would have aided ECNBA to determine his eligibility or otherwise for the position of office of the 2nd Vice President of NBA, in the 2022 General Elections.”

“We are in full agreement with the submissions by the ECNBA at page 2 lines 13, 21, and 24 of its Reply to the Appellant’s Appeal, that having failed to proffer answers to questions vii, viii, x, xi, xii, xiii, xiv, xv, xvi, xvii, and xviii of his Nomination Norm, which would have demonstrated his eligibility under the provisions of Part VIII(c), (d), (e) of the Second Schedule and Section 4(a), (b), (c), of the Constitution, the ECNBA was right to have rejected the nomination of the Appellant, and in consequence of that rejection, disqualify the Appellant pursuant to part I, paragraph 6, Second Schedule to the Constitution of the NBA2015, as amended in 2021.”

Bringing its final hammer on the quest by the aspirant to reverse the decision of the ECNBA, the Appeals Committee said: “The Appellant’s contention that he should have been notified of the errors, and that by not notifying him, his right to fair hearing is breached, is of no moment.

“The ECNBA is not clothed with such vires and more so, the Appellant was given the same opportunity as other aspirants to fill the Nomination Form properly, before submitting them. In Ayoade vs State (2020) 9 NWLR (pt 1730) 577 ratio 3 at pages 583 – 584, the Supreme Court held that:

“A party cannot and should not complain of breach of his right to fair hearing where he refused to avail himself as in the instant case, of the opportunity provided under the law to present his case. Darma Vs Eco Bank Plc. (2017) 9 NWLR (pt 1571) referred to………” See also C.M & E.S Ltd. (2020) 1 NWLR (pt 1704) 70 ratio 8 at page 78.

“It is upon the foregoing that this Committee resolves the sole issue against the Appellant and accordingly, his Appeal is hereby dismissed for lacking merit.”

It is recalled that the Appellant, an aspirant to the office of 2nd Vice President of the Nigerian Bar Association (NBA/Association) in the 2022 National Elections of the Association, was disqualified by the Electoral Committee of the Nigerian Bar Association (ECNBA) for failure to fill pages 4, 5, and 6 of the Nomination Form, and that his Nominator and Seconder did not fill pages 10 – 12 and 16 – 18.

The NBA Election is scheduled to hold on July 16, 2022.

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ADEKOYA RETIRES FROM AELEX, NGIGE HAILS LEGAL ICON

BY EMEKA NWADIOKE

Pre-eminent senior lawyer and Bar Leader, Mrs. Funke Adekoya SAN is set to retire from AELEX, a leading Tier-1 law firm she co-founded with four partners almost 18 years ago. This is coming against the backdrop of her attainment of the age of 70 years.

Perhaps pre-empting her retirement, Adekoya wrote in July 2020 on Twitter: “Time flies when you’re having fun! Glad to have been a part of this dream. Looking forward (with some trepidation I must confess) to the next step in the strategy plan – retirement! Many more mountains to climb!! #Lawfirmmanagement. #Strategy. https://lnkd.in/eNhQybh.”

Meanwhile, the legal industry has been agog with effusive encomiums on the respected legal amazon and globally acclaimed arbitrator. Extolling the virtues of the former Nigerian Bar Association (NBA) First Vice President, the Chairman of the Council of Legal Education (CLE), Chief Emeka Ngige (SAN) described her as “a great Amazon at the Bar.”

According to Ngige, “I took interest in Mrs. Adekoya when she contested and was re-elected as the National Treasurer of NBA at the 1991 NBA Annual General Conference held at Owerri. Her Treasurer’s report shook the conference to its foundations. Since then Mrs. Adekoya has remained a beacon of conscience and integrity at the Bar.”

Not done with his lavish praise, Ngige said: “As the 1st Vice President under Chief Wole Olanipekun’s able leadership she proposed the introduction of Stamp and Seal by the NBA to check the activities of fake lawyers. She has also contributed immensely to the improvement in the standard of legal education when she served as a member of the Council of Legal Education. She did her utmost best to raise the Bar in the legal profession with the setting up of one of the best law firms in Africa.”

Concluding, the CLE Chairman and former NBA presidential candidate said: “As Madam Funke clocks 70 and retires from active legal practice, I join her numerous well wishers and brothers in wishing her a joyful birthday, many happier returns, sound health, greater heights and peace of mind! I am very proud to be associated with her.”

Adekoya is a founding Partner at the firm and heads the Dispute Resolution Practice Group. Appointed Notary Public in 1986 and elevated to the rank of Senior Advocate of Nigeria (SAN) in 2001, Adekoya has almost 50 years experience in Litigation and Arbitration. As a Litigator, she represents clients regularly before the Nigerian courts at all levels. She also provides expert opinions and has appeared as an expert witness on Nigerian law issues before the courts of England, United States and Turkey.

In the field of arbitration, she represents both local and transnational parties as counsel in domestic and international arbitration proceedings within Nigeria and abroad and has acted in numerous disputes as either party appointed Arbitrator, Sole Arbitrator or Presiding Arbitrator. She lectures regularly on arbitration law and procedure and has been approved by the Chartered Institute of Arbitrators as a Tutor at the Associate to Fellowship Course level.

A LLM graduate of the prestigious Harvard Law School, Boston, Massachusetts, Adekoya is regularly listed by leading global ranking entities as a go-to lawyer, especially in litigation and arbitration. She is ranked Band 1 (Dispute Resolution) by Chambers and Partners; Thought Leader (Arbitration) by Who’s Who Legal; “Most Outstanding Female Legal Practitioner” by Financial Standard Newspaper of the Year 2007, and “Most Outstanding Female Legal Practitioner” by Women Entrepreneurs African of the Year 2007 Network.

Reflecting on her service to the Sanctions Board of The World Bank Group, the board wrote that she “brought a wealth of knowledge and expertise to the Sanctions Board in the past years, ”adding that she “made deep contributions to the jurisprudence of the Sanctions Board and the World Bank Group’s anti-corruption agenda.”

Aside from being a former Chair of the NBA Section on Legal Practice (NBA-SLP), CITY LAWYER recalls that it was Adekoya – as Chair of an NBA Lagos Branch committee – who recommended litigation against the Central Bank of Nigeria (CBN) and Attorney General of the Federation when the Economic and Financial Crimes Commission (EFCC) sought to compel lawyers to make reports on their clients to the Special Control Unit against Money Laundering (SCUML). The recommendation was unanimously endorsed by NBA-NEC. Both the trial court and Court of Appeal gave judgement in favour of NBA. It is not clear whether any further appeal is pending on the matter.

Adekoya who is the President of International Lawyers for Africa (ILFA) is frequently appointed to arbitral tribunals, either as sole or party-appointed arbitrator conducting proceedings under the rules of the ICC, ICSID, UNCITRAL and LMAA. Arbitrations in which she has been involved range from disputes arising from gas sales agreements, oil rig supply contracts to joint ventures in construction and real estate.

Her recent appointments have been in disputes brought under the ambit of either a BIT or an investment agreement. She was most recently appointed by the State party as arbitrator in an investment dispute between the purchasers of a monopoly electricity producer and the State in one case and in another case, the dispute was between an investor alleging breach of a mining contract by a State and the subsequent cancellation of the investor’s mining licence. She also advises clients on award enforcement issues within Nigeria and leads the counsel team in arbitration-related litigation.

Adekoya is a Fellow and has achieved chartered arbitrator status at the Chartered Institute of Arbitrators, London and has served as the Chair of its Nigerian Branch. She was a founding Board Member of the Lagos Court of Arbitration (LCA) and a former member and a past Vice President of the Court of Arbitration of the International Chamber of Commerce (ICC) in Paris.

Her other memberships include the London Court of International Arbitration African Users Council and the Cairo Regional Centre for International Commercial Arbitration where she sits on the Board of Trustees. She is also a member and past Vice President of the Governing Board of the International Council for Commercial Arbitration, in addition to being a member of the African Users Council of the Singapore International Arbitration Centre. She is a member of the Arbitration Foundation of South Africa’s International Arbitration Rules Drafting Committee’s Advisory Board and the International Appointments Committee of the Scottish Arbitration Centre.

A Life Bencher, Adekoya is listed on various panels, including the ICSID Chairman’s Panel of Arbitrators; those of CIETAC, the Kigali International Arbitration Centre, the Lagos Regional Centre for International Commercial Arbitration and the Panel of Neutrals of both the Lagos Multi-Door Courthouse and the Nigerian Communications Commission (NCC).

She has been invited to conduct arbitration training courses in Accra, Ghana and Kigali, Rwanda and is a regular speaker on arbitration law and practice both within and outside Nigeria.

Adekoya holds both Nigerian and British nationality and in addition to her being called to the Nigerian bar, she is qualified as a Solicitor in England and Wales. She is a member of the Nigerian Bar Association, International Bar Association (IBA), International Federation of Women Lawyers (FIDA), Chartered Institute of Arbitrators (UK) and LCIA African Users Council.

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AFAA LAUNCHES AFRICAN ARBITRATION DIRECTORY, PROFILES ADEKOYA, OTHERS

The African Arbitration Association (AfAA) has unveiled “A Directory of African International Arbitrators (DAIA)” as well as the “African Arbitration Atlas,” a free online one-stop resource that comprises of African Arbitration Legislation (AAL).

Announcing the launch of the resources in a statement, AFAA said: “The AAL holds arbitration laws of African countries. It is a tool that has interactive and comparative features. The interactive features allow a user to hover over text on the left-hand side of the page, which will highlight countries on the interactive map of the continent indicating whether or not they have arbitration institutions, have adopted the UNCITRAL Model Law and are signatories to the New York Convention, the ICSID Convention and OHADA.

“Clicking a country on the interactive map will bring up an arbitration summary of that country, allowing a user to view, search and download that country’s arbitration legislation. A user is also able to view contact details of a country’s arbitration institution(s), if any. The comparative feature allows a user to compare arbitration provisions of two African countries or of an African country with the UNCITRAL Model Law by selecting them and the arbitration topics from a dropdown menu.

“The DAIA holds information on African arbitrators with international arbitration experience or qualification. Users are able to search arbitrators by gender, nationality, language, areas of specialism and more. Users are also able to contact arbitrators directly.”

Among the leading Nigerian arbitrators profiled in the inaugural Directory of African International Arbitrators (DAIA) are Mrs. Funke Adekoya SAN, Prof. Ike Ehiribe, Mrs. Olusola Adegbonmire, Mr. Muhammad Belgore SAN, Mrs. Diane Okoko and Mr. Isaiah Bozimo.

While spotlighting Adekoya, AfAA stated that “Her appointments have been both ad-hoc and institutional under the LCIA, ICC and ICSID rules, where she has acted as sole, party appointed or chaired arbitral panels in disputes arising out of shareholder agreements, commercial contracts, licensing or joint venture arrangements in the energy, natural resources and infrastructure sectors.

“She is a Chartered Arbitrator of the Chartered Institute of Arbitrators and was a past Chairman of the Nigeria Branch. She is ranked in Chambers Global and in Who’s Who Legal Arbitration, is listed on the Chairman’s Panel of Arbitrators at ICSID and is currently a member of the ICC Africa Commission.”

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‘WE’VE NOT SET VOTER VERIFICATION DEADLINE,’ SAYS TAWO TAWO

• …. MIXED REACTIONS GREET EXERCISE
• “MY EXPERIENCE HAS BEEN TERRIBLE,” SAYS FUNKE ADEKOYA
• … WARNS THAT MANY ELIGIBLE VOTERS WILL BE DISENFRANCHISED

The Electoral Committee of the Nigerian Bar Association (ECNBA) has declared that it has not set any deadline for the ongoing verification exercise, contrary to speculations that verification was billed to end yesterday.

ECNBA Chairman, Mr. Tawo Eja Tawo SAN told CITY LAWYER that the committee has not decided on when to draw the curtains on the exercise.

Speaking on whether a deadline has been set to conclude the verification process, he said pointedly: “There is none yet.” The electoral umpire was also at a loss as to the source of the speculation, saying: “I wonder the origin of the confusion.”

The frenzy may not be unconnected with certain posts on social media platforms suggesting that yesterday was the deadline for the verification exercise.

A post trended on several social media platforms yesterday urging lawyers to make haste to verify their personal details on the NBA website. It stated that only 48 hours was allowed for the exercise, adding that it would end by 6 pm. The post read: “Today is the deadline for all eligible lawyers to verify their details on the NBA Website. Visit https://nigerianbar.org.ng/membership-portal. #Securethefuture.”

Another version of the post which was sent to lawyers via short messaging service (SMS) read: “Dear (name of receiver), The ECNBA has released the 2nd List of Voters. Kindly verify that your details are correct. If they are not, send the correct details with proof of payment to ecnba2020@nigerianbar.ng not later than 6pm on 23/06/20. You can verify via https://nigerianbar.org.ng/membership-portal.” The message came under the “BULK SMS” banner.

The information caused anxiety among lawyers, leading to many making frantic efforts to verify their details.

CITY LAWYER investigations show that the speculation may also not be unconnected with the ECNBA press statement unveiling its second provisional voters list where it stated that “Those whose names are omitted are expected to send their details with proof of payment of Branch Dues within 48 hours of this publication to the account ecnba2020@nigerianbar.ng. Please note that any mails or messages sent after 6PM on Tuesday 23rd June 2020 will not be attended to.”

Given that the verification process was heralded by the press statement, many stakeholders may have assumed that the deadline was for both the compilation and verification exercises.

Meanwhile, there has been mixed reactions regarding the verification exercise. While some lawyers said that the process was stress-free, others seem to have had a herculean task navigating the verification process on the NBA website.

One of those who had a tough time engaging the process is former NBA presidential candidate, Mrs. Funke Adekoya SAN. She told CITY LAWYER that her experience was “terrible.” Her words: “My experience has been terrible. I was verified before but forgot password; so I sent ‘forgot password’ message. I have been waiting for password reset email since yesterday (Monday). I received email this (Tuesday) morning and accessed link – it says password cannot be reset. I sent email to NBA Secretariat 4 hours ago – still no response!”

In an early morning SOS to CITY LAWYER, Mr. Augustine Ogbodo said: “I don’t know if you have any clue on verification of membership on the NBA portal. I have been trying to log in to the portal to verify my membership but have not been successful. I tried reaching NBA via telephone but wasn’t successful.”

Immediately CITY LAWYER escalated the SOS on some social media platforms, there was a flurry of responses both from the ECNBA and the NBA leadership. While the NBA publicity team uploaded several versions of the verification process on sundry social media platforms, the ECNBA Secretary, Mrs. Cordelia Eke advised eligible voters who have challenges with the verification process to “contact the NBA IT staff in charge.”

She added: “A lot of phone calls (are) coming (in). They may not be able to take all. We advise people to send emails. It’s easier to track and treat complaints that way.” She assured that she “will ask the IT staff to look into this (complaint).” She later stated that “Members’ complaints about the website have been forwarded to NBA IT to handle.”

When CITY LAWYER asked Ogbodo to provide more details on his challenges with the verification process, he said: “I was prompted to supply new password and to confirm same. I did so but was again prompted to insert the correct format.” He then requested the “contact or email of the IT staff?” adding: “Thanks so much for your efforts. I have sent them an email. Waiting for their response. I sent the email to support@nigerianbar.org.ng as indicated.”

Unlike NBA Lagos Branch Welfare Secretary, Anthonia Eke who stated that “I had a seamless process updating my data on the verification portal of the NBA,” both Adekoya and Ogbodo eventually surmounted the verification hurdles.

Said Adekoya: “(I) Have finally been verified! A 24 hour process. With WFH (working from home), even if you have been verified (as I have) if you do not have an ‘active’ profile on the NBA website, you are unlikely to be able to vote. An ‘active’ profile means you interact with the NBA through your portal on the NBA website. (It is) Not the same as being verified.”

On his part, Ogbodo told CITY LAWYER that “This is what I have been missing. I have been trying to put the password without inserting figures and special number. (I) Have just done the needful and Password successfully reset. Thanks for your assistance.”

Worried that many lawyers may be disenfranchised by the verification model adopted by the ECNBA, Adekoya predicted a very low voter turnout in the 2020 NBA Elections. her words: “(I) Will be surprised if up to 3000 voters receive voting link from NBA website.”

CITY LAWYER also observed that the ECNBA press statement was silent on the details of any Help Desk or help lines for eligible voters who may have challenges with the verification process.

It is recalled that while 32, 228 eligible voters were on the provisional voters register for the 2018 NBA Elections, only 16,825 or 52.21 per cent of the eligible voters were able to scale the verification hurdle. Analysts have observed that the 2018 verification process is more straightforward than the current exercise, leading to fears that even fewer eligible voters may get their names on the final voters register.

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NBA ELECTION: ‘DON’T USE NIGERIAN ICT PARTNER,’ ADEKOYA WARNS ECNBA

• ‘THIS IS OUR LAST CHANCE’

Former Nigerian Bar Association (NBA) presidential candidate, Mrs. Funke Adekoya SAN has warned the Electoral Committee of the NBA (ECNBA) to steer clear of Nigerian information technology specialists if it plans to deliver free, fair and credible elections.

In an exclusive interview with CITY LAWYER, Adekoya warned that the forthcoming NBA National Officers Elections would be doomed if local ICT specialists are deployed for the elections, adding that “this is our last chance” to restore credibility to NBA’s electoral process given the rancour that has attended previous NBA elections.

She also noted that Nigerian ICT firms have been reportedly unreliable in previous elections. Her words: “Don’t use a Nigerian based entity or system; there are allegations that those used in the past have been hacked into and the voting was compromised.”

Instead, the foremost litigator who is also listed as a “thought leader” by the influential “Who is Who Legal” urged the Mr. Tawo Tawo SAN-led ECNBA to look beyond Nigeria’s shores for established electronic voting entities to conduct a rancour-free poll. She said: “The Committee does not need to re-invent the wheel; there are accredited international election conducting platforms that various Nigerian associations have used to conduct elections for their members for the past few years. Examples are https://www.eballot.com/, https://electionrunner.com/, https://electionbuddy.com/ and https://nvotes.com.”

On concerns that the bidding process may favour a pre-determined bidder, Adekoya said: “If they do that, it will be the death knell for the electoral process in the NBA. The IT platform must be agreed to by all the candidates.”

The former NBA presidential candidate warned that very minimal role must be given to NBA staff in the electoral management process to avoid compromising the poll. Her words: “Their (staff) only involvement should be to provide the election platform with access to the list of accredited voters. This list is all the lawyers who paid their practising fees by 31 March. Their email addresses should be accessible on the ‘Find a Lawyer’ portal of the NBA website.”

The ECNBA seems to have followed previous tradition where NBA staff are deployed as the committee’s clearinghouse. Both ECNBA notices seeking bids from information technology specialists as well as the committee’s preliminary notice on the elections give roles to NBA staff. This has raised doubts on the committee’s resolve not to be tied to the apron strings of the NBA but rather to keep an arm’s length relationship with NBA HOUSE.

On ways for the Electoral Committee to guarantee transparent and rancour-free elections, the highly decorated Founding Partner at AELEX said: “The Committee members must be IT savvy; they must have presided over, organised or been involved in online voting systems before now so they can understand the proposals presented, identify any areas where the system could be corrupted if a locally based provider is used and block all loopholes. In a properly run system, the results should be available within 24 hours.

“For transparency purposes, a delegate of each candidate should be a member of the Election Committee and participate in all decision making processes. Finally, keep Nigerian IT specialists out of the process. With the rancour generated over the last two elections in the NBA and the NMA, we must restore credibility to the system. It’s our last chance.”

Adekoya was in 2014 adopted by the Chief Bandele Aiku SAN-led Egbe Amofin O’odua as its sole candidate for the NBA presidential election. However, a split within the zone saw to the emergence of Mr. Dele Adesina SAN and Chief Niyi Akintola SAN as presidential candidates. Analysts argue that the inability of the Yoruba bloc to present a sole presidential candidate gifted the race to Mr. Augustine Alegeh SAN.

Adekoya heads the Dispute Resolution Practice Group at AELEX. Appointed Notary Public in 1986 and elevated to the rank of Senior Advocate of Nigeria (SAN) in 2001, Adekoya has over 45 years experience in litigation and arbitration. She has acted in numerous disputes as either party appointed Arbitrator, Sole Arbitrator or Presiding Arbitrator. A Life Bencher, she is a member of the International Bar Association (IBA), International Federation of Women Lawyers (FIDA), LCIA African Users Council and a Fellow of the Chartered Institute of Arbitrators (UK).

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