EDITORIAL: NBA ELECTIONS 2022 – WHY WE MUST GET IT RIGHT

The ballot for the Nigerian Bar Association (NBA) Elections will open in a matter of hours to elect National Officers and NBA Representatives to the General Council of the Bar.

This year’s election is especially pivotal given the controversies that have trailed the last three efforts since the introduction of electronic voting and universal suffrage by the amended NBA Constitution 2015.

Since 2016, NBA Elections have spanned between a petition to the NBA Trustees to litigation and criminal prosecution of suspects accused of electoral malfeasance by the Economic and Financial Crimes Commission (EFCC). This has brought odium and discomfiture to NBA and its members.

While the allegations that trailed the 2016 and 2018 elections remain somewhat muted, the same cannot be said of the 2020 Election. While several commentators and stakeholders alleged that the election was fraught with sundry irregularities, Mr. Dele Adesina SAN, one of the presidential candidates in the election, accused the defunct Electoral Committee of the NBA (ECNBA) of data diddling, saying that “it is apparent that the data uploaded to the site was programmed and preconfigured to achieve a desired result in an obvious case of data diddling.”

The election was also bedeviled by the spectre of huge undelivered ballots, with Adesina again noting that the ElectionBuddy voting platform deployed for the election posted 14,879 total undelivered notices to prospective voters as at 2 pm on Election Day as against 29,635 total registered voters. He contended that “The inability to deliver 14,000 notices to prospective voters 13 hours after the commencement of the Election is not only evidence of lack of capacity on the part of the System but also a clear disenfranchisement of these prospective voters.” It is noteworthy that ElectionBuddy has been contracted by the current Electoral Committee alongside INITS Limited as the joint ICT Service Provider (ISP) for the 2022 NBA Elections.

If Adesina’s claims are deemed by critics as the vituperations of a sore loser, the verdict of the NBA Trustees on the election did not validate such an assertion. Instead, it gave vent to the perception that all was not well with the election.

In a letter dated 19th of August 2020 and authored by the Chairman of the Board of Trustees, Dr. Olisa Agbakoba, SAN, the Trustees said: “We note that the Elections were not perfect. We reviewed your Petition and note that it raises serious issues.”

The august body observed that “our elections continue to present challenges going back to 2016 and strongly recommend that a major transformation of our electoral process and framework must be undertaken and we are happy to be assigned this very important responsibility….”

In an earlier email by Agbakoba dated 17th August, 2020, the Trustees had stated emphatically that “The NBA 2020 Election was marred by irregularities. The ECNBA admitted that the election platform failed which is why they had to engage another I.T. Consultant. The ECNBA admitted that over 14,000 members could not vote which is an extremely high number. The ECNBA should have made provision to enable everyone to vote. This is an omission on their part.”

It was against this unflattering backdrop that NBA President, Mr. Olumide Akpata, himself a beneficiary of that flawed electoral process, vowed to redeem NBA election from the perennial odium that has enveloped it. He set up the Mr. Ayodele Akintunde SAN-led NBA Electoral Reform and Audit Committee to unravel the challenges besetting NBA elections and proffer solutions.

Instructively, the Audit Committee in its final report returned the same verdict as the NBA Trustees, saying: “Nigerian lawyers were again optimistic that the 2020 Elections would be seamless as all the challenges encountered in the 2016 and 2018 Elections would have been fully addressed.” It however asserted that “that was not the case; like the previous elections, the 2020 Elections was controversial and there were pre-election and post-election issues and challenges.”

Continuing, the Audit Committee said: “INITS’ report revealed that during the elections on the ElectionBuddy platform, there were two major challenges. The first challenge was that based on the traffic and requests for the results between the first and second hour of the elections, voters and viewers began experiencing service degradation.”

The committee also indicted INITS Limited, the defunct ECNBA’s Technical Support Consultant (TSC), noting that “The INITS’ report did not include a Vote-by-Vote Audit Report. The Committee requested for the Report but was not able to obtain it before the submission of this Final Report.” Like ElectionBuddy, INITS Limited has been retained by the Akintunde-led ECNBA as joint ICT Service Provider for the 2022 Election.

Aside from generating a reliable voters register, the transparency of the electoral process has been in issue. The same is true of the election management body. Many analysts believe that Akpata got it right when he appointed Akintunde to spearhead the 2022 Elections, citing his avowed integrity and track record in conducting rancour-free elections at NBA Lagos Branch.

The NBA President had while inaugurating the Audit Committee stated that it (committee) “is already in the process of recommending reform measures to ensure that complaints about the NBA electoral process are significantly minimised.” The NBA Trustees had also committed to oversight electoral reforms.

The NBA Elections 2022 offer an uncommon opportunity not only for the NBA Board of Trustees, Akpata and Akintunde to walk the talk, but for all stakeholders to exhibit candour and good faith in ensuring that the association redeems its unwholesome electoral odyssey. There is no alternative to this desirable prospect.

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ANXIETY, AS ELECTIONBUDDY KEEPS MUM OVER NBA ELECTIONS

ElectionBuddy, the Edmonton, Canada based online voting platform, has kept mum over enquiries on how it plans to ensure transparency in tomorrow’s Nigerian Bar Association (NBA) Elections.

CITY LAWYER had yesterday sent an email to the verified email address of the company as well as to the social media handles of some of its ranking officials.

However, while the email was not returned as undelivered and the post to the company’s Messenger handle indicated “seen,” CITY LAWYER did not receive any response from the company at press time.

It is recalled that the NBA Electoral Reform and Audit Committee chaired by current Electoral Committee of the NBA (ECNBA) Chairman, Mr. Ayodele Akintunde SAN had in its final report stated that “INITS’ report revealed that during the elections on the ElectionBuddy platform, there were two major challenges. The first challenge was that based on the traffic and requests for the results between the first and second hour of the elections, voters and viewers began experiencing service degradation.”

CITY LAWYER sought to know how the returnee ICT Service Provider would tackle this challenge, moreso as the number of eligible voters has doubled to about 60,000 from 29,632 in year 2020.

Aside from seeking to know the transparency features being put in place by ElectionBuddy for the election, CITY LAWYER also sought to know how the ICT Service Provider plans to deal with alleged data diddling, a charge levied by Mr. Dele Adesina SAN, one of the presidential candidates in the 2020 NBA Elections.

CITY LAWYER equally sought assurances on the safeguards being put in place by ElectionBuddy against hackers, whether there are plans for an independent third-party verification of the electoral process, the specific roles to be played by ElectionBuddy and INITS Limited in relation to their collaboration as joint ICT Service Provider, and whether any framework has been put in place to shore up the high level of undelivered credentials to voters, given that about 14,000 of the 29,632 registered voters were unable to vote during the 2020 Elections due largely to non-receipt of ballots.

Meanwhile, there are strong indications that the Electoral Committee may adopt a similar ICT architecture as the one deployed for the controversial 2020 Elections.

CITY LAWYER investigation showed that the same email address through which voters received results of the 2020 NBA Elections was deployed by ECNBA to send out emails on its “Invitation to Manifesto Day and Presidential Debate” and “ECNBA: Test Message on Elections.”

The Electoral Committee has stated that ballots for the 2022 NBA Elections will be received through the same email address. In its latest release on the election, the committee stated that “Your voting link will be sent at 12.00AM GMT+1 on Saturday July 16 to the email address & phone number registered on your profile on the NBA Portal. Please check your Inbox, Spam, Junk and Trash Folders for a message from ecnba@evm.ng for the email.”

Akintunde however told CITY LAWYER that there is no cause for worry, even as he assured that the ECNBA has scheduled its third and final briefing today at 5 pm to answer all queries from stakeholders relating to the eagerly awaited election.

The full text of the Information Release reads:

Distinguished Chairmen, Learned Colleagues

Ahead of the elections on Saturday 16th July, 2022 commencing from 12:00am, please note that there will be a stakeholders meeting& press conference holding today, Friday 15th July, 2022.

Time: 5pm
Venue: 9 Oro Ago Crescent Garki 312, Abuja FCT

For virtual participation, register using the link below: https://bit.ly/3P8Ung9

Kind Regards,
Secretary ECNBA

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NBA ELECTIONS 2022: WHY 10,000 LAWYERS MAY NOT VOTE

No less than 9,051 lawyers may be barred from voting when the ballot opens next Saturday for the 2022 Nigerian Bar Association (NBA) Elections.

CITY LAWYER investigation shows that these are the number of lawyers who are yet to verify their personal details in order to be included in the final voters register soon to be published by the Electoral Committee of the NBA (ECNBA).

In fact, the Electoral Committee warned yesterday that unless the lawyers take the last window of opportunity to verify their data, they would not be able to vote during the election.

An Information Release made available to CITY LAWYER by the committee states that “FOR THE RECORD, THIS IS THE FINAL EFFORT BY ECNBA TO ENABLE THIS SUBSET OF QUALIFIED VOTERS PARTICIPATE IN THE FORTHCOMING ELECTIONS.”

Titled “FINAL EFFORT TO ENSURE DATA ACCURACY OF SOME QUALIFIED VOTERS” and signed by Mr. Ayodele Akintunde SAN and Mabel Ekeke, ECNBA Chairman and Secretary respectively, the statement noted that “This information release is made further to the several publications, subsequent resolutions of complaints and the outcome of the TEST messages sent by the ECNBA’s ICT Service Provider on Saturday, 25 June 2022 to qualified voters.

“The ECNBA’s TSC has identified a subset of the data within the qualified Voters list that require further validation or correction of their emails and phone numbers to enable them to receive their ballots in the forthcoming elections holding on Saturday, 16 July 2022. The ECNBA therefore requires all qualified Voters on the list accompanying this Information release to follow the under listed steps for a further and final validation:

a. Visit the validation portal at https://votersrecordissue.ecnba.ng

b. Type your enrolment number in the box provided, click “Validate” and your name will be displayed to you along with your email and Phone number intentionally masked to comply with data protection law.

c. If you recognize the records to be yours, click “Validate” button beside the email and phone number one after the other, an OTP message will be sent to you, which you are required to enter to validate the record and a green tick box will be displayed next to each record, thereafter, click Close to complete the process.

d. However, if the record displayed is not accessible to you or unknown, click the edit button to supply and validate your email, Phone number, Branch, Year of Call as well as uploading a visible photo or scanned copy of any ONE of the following government issued forms of identifications, (i) Nigerian Driver’s License, (ii) International Passport Data page (iii) Voters Card, (iv) National ID Card, the supplied information will be reviewed and if acceptable will be updated otherwise rejected. e. Please note that voters records that do not require further validation are not available on this validation portal.

f. This portal will open from now till 11.59pm on Friday 8th July 2022 strictly for this purpose.

2. Qualified Voters that experience issues receiving OTP through their email should check their SPAM / Junk Folders and on their phones may have to temporarily disable Do not Disturb (DND) following these steps: a. 9mobile (Etisalat) numbers, Text START to 2442. b. MTN numbers, Text ALLOW to 2442. c. Glo numbers, Text CANCEL to 2442. d. Airtel numbers, Text ALLOW to 2442

3. FOR THE RECORD, THIS IS THE FINAL EFFORT BY ECNBA TO ENABLE THIS SUBSET OF QUALIFIED VOTERS PARTICIPATE IN THE FORTHCOMING ELECTIONS.”

The NBA Election is scheduled to hold on Saturday, July 16, 2022 to elect National Officers and NBA Representatives in the General Council of the Bar.

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ANXIETY, AS 2 US FIRMS, OTHERS BATTLE FOR E-VOTING ROLE FOR NBA ELECTIONS

Two United States based Information and Communication Technology (ICT) service providers are battling to be hired by the Electoral Committee of the Nigerian Bar Association (ECNBA) to provide the electronic voting platform for the all-important NBA Elections, CITY LAWYER can authoritatively report. The other bidders are VATEBRA Limited and Africa Prudential.

However, while the Virginia based leading E-Ballot Voting Services has submitted a direct bid to deploy its voting platform for the elections, CITY LAWYER reliably gathered that INITS Limited is presenting ElectionBuddy, the ICT provider for the controversial 2020 NBA Elections, as its partner. While acting as the ICT Service Provider, INITS Limited will deploy ElectionBuddy e-voting platform for the elections. INITS Limited was the Technical Support Consultant (TSC) for the 2020 NBA Elections.

In a notice by the ECNBA, it said: “We wish to invite any member of the Association who has any reason why the foregoing entities should not be engaged as Information Communication Technology Service Provider by the ECNBA, to contact us by email (info@ecnba.ng) with all relevant facts in that regard by or before 11:59pm Tuesday 7 June 2022.”

CITY LAWYER recalls that in a Final Report dated March 16, 2021 and submitted to NBA National Executive Committee (NBA-NEC), the Ayodele Akintunde SAN-led NBA Electoral Audit and Reform Committee noted that the service providers for the controversial 2020 NBA Elections “were Tavia Technologies (“Tavia”) as primary election platform provider and ElectionBuddy as secondary election platform provider. INITS was the technical consultant.” Akintunde is the Chairman of the 2022 ECNBA.

In a damning indictment of the 2020 Elections, the committee stated that “Nigerian lawyers were again optimistic that the 2020 Elections would be seamless as all the challenges encountered in the 2016 and 2018 Elections would have been fully addressed,” noting however that “that was not the case, like the previous elections, the 2020 Elections was controversial and there were pre-election and post-election issues and challenges.”

Continuing, the Audit Committee said: “INITS’ report revealed that during the elections on the ElectionBuddy platform, there were two major challenges. The first challenge was that based on the traffic and requests for the results between the first and second hour of the elections, voters and viewers began experiencing service degradation.”

In a searing indictment of the Technical Support Consultant, the NBA Electoral Audit and Reform Committee noted that “The INITS’ report did not include a Vote-by-Vote Audit Report. The Committee requested for the Report but was not able to obtain it before the submission of this Final Report. It will contain the following details:

a. Voter;
b. Ballot Open Time;
c. Ballot Submission Time;
d. IP Address;
e. Position; and
f. Selected Candidate /Abstention.”

The Audit Committee had warned that “The challenges highlighted above are continuous occurrences which have plagued the electoral processes and if not resolved, will persist.”

The ECNBA is set to announce its choice of ICT service provider as the elections draw near.

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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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‘WE WILL DISQUALIFY ANY CANDIDATE IF ….,’ SAYS ECNBA CHAIR

  • ‘WE HAVE NO ANOINTED CANDIDATE’

The Chairman of the Electoral Committee of the Nigerian Bar Association (ECNBA), Mr. Ayodele Akintunde SAN has warned that the committee will not hesitate to disqualify any candidate who breaches the guidelines for the forthcoming NBA Elections.

Meanwhile, the ECNBA Chairman has vowed that the committee is not under any pressure to favour any candidate during the election, saying: “We have no anointed candidate and nobody can thrust any candidate on us.”

Speaking at the maiden hybrid “Stakeholders Briefing and Press Conference” for the elections, Akintunde urged the candidates to abide by the electoral rules set out in the NBA Constitution, adding that “If the Constitution prohibits any act, we will apply sanctions.”

Emphasizing that “this is a clarion call” to all candidates especially as the electoral committee had restated the guidelines in letters and notices to the candidates, the ECNBA helmsman said: “Don’t look for loopholes to exploit.”

Akintunde also said that voters may be able to watch the voting process online real-time via the ECNBA dashboard, adding that the electoral umpire would make the dashboard “open to the public” as well as the candidates or their representatives. This would however depend on the guidance to be provided by the ICT service provider.

Responding to a question on the appointment of Finesse Integrated Technologies Limited as the Technical Support Consultant (TSC) to the electoral committee given that the company performed the same function in the controversial 2018 NBA Elections, Akintunde revealed that the technology company played a minimal role in the election, adding that it was brought in after the original ICT company was disengaged by the electoral umpire.

The ECNBA Chairman stated that in line with the NBA Constitution, petitioners do not have a right of audience with the Election Appeals Committee, even as he assured that the committee “attended to each and every petition. We are not court or LPDC or LPPC. But we deliberated as a committee and unanimously agreed on the decisions we took.”

Akintunde assured that there would be verification of the election results before publication, though he said that an audit could only be done in line with the NBA Constitution and after release of election results.

Adding his voice to the issue, ICT expert and ECNBA member, Mr. Basil Udotai noted that authentication of ballots has become a part and parcel of modern electronic voting, adding that post-election reports would be produced by the ICT service provider.

On his part, fiery human rights activist and former Chairman of the National Human Rights Commission (NHRC), Prof. Chidi Odinkalu chided those who sought to impugn the electoral committee on disqualification of some aspirants. He warned candidates to desist from acts that may breach the electoral guidelines, saying: “If you breach the rules, we will disqualify you. People should seek to do what is proper.”

Other members of the electoral committee who participated in the parley include Ms. Mabel Ekeke and Ms. Aisha Ado Ibrahim, ECNBA Secretary and member respectively. The NBA Election is scheduled to hold on July 16, 2022.

CITY LAWYER also noted that many candidates attended the briefing. These include 2nd Vice President candidate, Mr. Cement Ugo Chukwuemeka, Amanda Asagba (3rd Vice President), Funmilola Adeogun (Treasurer), Caroline Ande-Bishop (Treasurer), Mr. Churchil Aniekwena, Mr. Habeeb Lawal (Publicity Secretary), Mr. Daniel Kip and Mr. Dhikrullah Balogun.

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ECNBA SETS MONDAY DEADLINE FOR ICT VENDOR PROPOSALS

The Electoral Committee of the Nigeria Bar Association (ECNBA) is requesting proposals to appoint an Information and Communication Technology (ICT) Services Provider for the forthcoming NBA Elections slated for July 16, 2022.

In a release published today but dated May 20, 2022, the electoral umpire noted that the ICT Service vendor “will provide
the platform and services related to the conduct of electronic voting and post-election activities as required by the ECNBA.”

According to the statement signed by Mr. Ayodele Akintunde SAN and Ms. Mabel Ekeke, ECNBA’s Chairman and Secretary respectively, “The EMS Provider shall be responsible for providing the enterprise grade, robust and modern election management system to be deployed for the conduct of the NBA 2022 general elections as well as the pre-election and post-elections activities required for a successful free and fair online election.”

It indicated that “The ECNBA will shortlist and publish successful respondents on the ECNBA/NBA website or any other major platform to afford members of the Association the opportunity to object or file any compliant (sic) against the engagement of any the respondents. The decision of the ECNBA in respect of the choice of the respondent shall be final.”

While the electoral committee stated that the proposals must be submitted on or before 5 pm on Monday, 30 May, 2022 and must remain valid for 90 days, it indicated that the contract would be awarded by June 13, 2022.

To view the full ECNBA statement, please click on the link below.

ECNBA_ICT

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ANXIETY, AS ECNBA CONSULTANT IN CONTROVERSIAL 2018 ELECTION ‘RETURNS’

There are concerns in legal circles following revelation by the Electoral Committee of the Nigerian Bar Association (ECNBA) that one of the applicants for the crucial role of “Technical Support Consultant” (TSC) played the same role in the controversial 2018 NBA Elections.

The ECNBA had in a Public Notice yesterday urged NBA stakeholders to comment on the suitability of two leading ICT firms seeking to fill the role of ECNBA Technical Consultant. The two companies are Finesse Integrated Technologies Limited and Thriveonus Limited, both Abuja based ICT companies.

While reeling out its numerous operations especially in the legal sector, Finesse Integrated Technologies Limited wrote: “NBA – Technical Consultant to the ECNBA for the 2018 NBA general elections.” This is aside from other jobs done for the Supreme Court of Nigeria, Court of Appeal, National Judicial Institute (NJI) and the Nigeria Deposit Insurance Corporation (NDIC) in an otherwise rich resume.

CITY LAWYER investigation however shows that the 2018 NBA Elections remains one of the most controversial in the history of the lawyers’ association. Following a CITY LAWYER exclusive report showing that former NBA President, Mr. Paul Usoro SAN – who was one of the presidential candidates in the election – was equally a non-Executive Director at Access Bank Plc alongside Dr. (Mrs.) Ajoritsedere Josephine Awosika, the pioneer female Chairman of CHAMS hired as ICT Partner to midwife the election, this set off a chain of events that took the election beyond the July deadline stipulated by the NBA Constitution.

Current ECNBA member and former Chairman of the National Human Rights Commission (NHRC), Prof. Chidi Odinkalu referred to the debacle when he wrote: “Under the constitution of the association, the ballot was to have concluded before the end of July. A cocktail of implausible cock-ups had conspired to defer the completion of the ballot by three weeks beyond the constitutionally permissible date.”

Passing a judgement on the 2018 NBA Elections, the fiery human rights activist wrote: “The figures announced by the ECNBA suggested a very spirited contest. In reality, the outcome was pre-determined. The ECNBA and the NBA leadership of AB Mahmoud SAN had presided over the most willfully manipulated ballot in the history of the association.” While Usoro emerged victorious with 4,509 votes, Chief Arthur Obi-Okafor SAN and former Deputy Director-General of the Nigerian Law School, Prof. Ernest Ojukwu SAN polled 4, 423 and 3, 313 votes respectively.

Odinkalu observed that the process leading to the engagement of CRENET, a new election data service provider, was shrouded in secrecy, adding: “One phone number in particular, 0807 410 7787 accounted for 41 voters; 0810 642 1702 accounted for 32 voters, while 0806 402 8401 accounted for 18. Between them, these three numbers alone accounted for 91 votes, that is six votes more than the announced margin of 86 votes between the declared winner and the runner up.”

This would later ground prosecution of two lawyers by the Economic and Financial Crimes Commission (EFCC) following a petition by Obi-Okafor. In the August 28, 2018 petition presented by the ICT Team Lead for his campaign organization, Mr. Olumuyiwa Olowokure, it said: “The NBA 2018 National Elections which held from August 18 to 20, 2018 has been mired in controversy following complaints of gross irregularities characterised by theft of members’ identities and data, internet fraud, interference/manipulation of the online portal … parties connived to fraudulently manipulate the electoral process to achieve a predetermined outcome.”

The EFCC in the suit marked FHC/L/118c/2020 and signed by its counsel, Mr. Rotimi Oyedepo, alleged that the accused persons altered 1004 eligible voters’ personal details and cast votes for the former NBA president by impersonating voters through fraudulently using the Supreme Court Enrolment Numbers of some lawyers.

While CHAMS and CRENET were in the eye of the storm for the alleged fraud that enveloped the election, Finesse Integrated Technologies Limited seems to have been in the shadows. The process leading to its appointment as ECNBA’s Technical Consultant as well as the exact role it played during the 2018 NBA Election seem to be mired in mystery. Given that the ECNBA was decidedly silent on its involvement in the 2018 Election, it was not until yesterday that it announced its participation in the controversial election.

Said Odinkalu: “In the end, a voting process that was supposed to be seamless suffered at least eight deferrals and one suspension. Every stage in the process was tortured.”

Ojukwu also had only harsh words for the conduct of the election. He denounced the election as having been characterized by “massive vote buying, vote capture, rigging and a skewed process.”

The uproar that greeted the 2018 election as well as the one before and after it compelled the Body of Senior Advocates of Nigeria (BOSAN) to set up a five-man committee to work with the NBA to review the 2018 and 2020 elections. Members of the committee were Chief Joe Kyari-Gadzama, SAN; Mr. Osaro Eghobamien, SAN; Chief Yomi Aliu, SAN; Prof. Offornze Amucheazi, SAN, and Mr. Ebun Olu-Adegboruwa, SAN.

Former NBA President and Chairman of its Board of Trustees, Dr. Olisa Agbakoba, SAN said of the electoral audit: “It is very good to review the electoral process of NBA, which is exactly what we, the Trustees recommended.” The BOSAN Committee soon became troubled itself, with the resignation of some of its members including Gadzama.

Following his commitment in his inaugural address to review the association’s electoral process and bequeath a flawless electoral system to the lawyers’ body, NBA President, Mr. Olumide Akpata on September 30, 2020 set up the Mr. Ayodele Akintunde SAN-led “Electoral Reform and Audit Committee.” One of the committee’s terms of reference was “To audit the elections of National Officers of the NBA of 2016, 2018 and 2020 and recommend reforms (if any) of the electoral process.” Aside from submitting a detailed report on the malfeasance that bedeviled past NBA Elections, the mantle again fell on Akintunde to walk the talk by implementing his committee’s recommendations geared towards a free, fair and credible NBA Election.

Attempts by CITY LAWYER to reach Finesse Integrated Technologies Limited on its role in the 2018 NBA Elections proved abortive. Though one Ruth Isaac told CITY LAWYER that the company’s Managing Director and Chief Executive, Mr. Akintomide Akinwolere would respond timeously to our enquiries, he was yet to do so at press time.

According to the “Request for Proposal For Technical Support Consultant to the ECNBA” dated April 11, 2022 the all-important role of the Technical Support Consultant was spelt out as follows: “The TSC shall be responsible for providing the requisite consulting and advisory services necessary to attain the goal established by the ECNBA for the Project. Specifically, the TSC shall play key roles in the following areas:

1. Member Identity & Database (Technical Assistance):
(a) Collect, review and certify as adequate and fit for purpose, an approximately 50,000– 60,000 member-rich database, and transform same into a Register of Voters in an integration ready format for use with any standard Election Management System (EMS); and

(b) Propose a multi-Factor Authentication (MFA) protocol to govern the identification and verification of members on the EMS to be deployed for the Project.

2. ICT Service Provider (“Service Provider”):
(a) Develop the technical requirements and the ECNBA’s criteria for engaging the Service Provider that will deploy the EMS;

(b) Support the ECNBA in developing the requisite RFP for the selection process and subsequent negotiations between the qualified, experienced, skilled, and selected Service Provider; and

(c) Outline the deliverables that will be incorporated in the Service Level Agreement (SLA) and Operational Level Agreement (OLA) that will govern the performance and operations of the EMS services by the Service Provider.

3. Stakeholder Support:
(a) Support the ECNBA in its voter sensitization and enlightenment outreach by producing materials, including Q&A’s, for publication on the Project website or distribution to members, and to attend the ECNBA branch or regional stakeholder programs physically (or virtually), to respond to technical issues raised by members;

(b) Conduct trainings for members (virtually or physically) on any aspect of the electoral process, including voter registration and certification as well as login and logout protocol of the EMS; and

(c) Set up and operate a Technical Support Centre, including 24/7 Call Centre from the commencement and throughout the election period, to assist members on any technical issues relating to access, login, or logout process on the EMS.

4. Tests, Audits & Reports:
(a) Conduct a system and software testing to ensure that the EMS is implementing the latest, modern technology and solutions;

(b) Conduct functionality testing to ensure that the EMS delivers on all the functional requirements and specifications stipulated by the ECNBA;

(c) Conduct vulnerability testing to identify any vulnerability or threat to which the system might be exposed, assign severity levels to threats found, and propose remediation or mitigation; and

(d) Perform process audit of the EMS, monitor elections real time, and carry out postelection audit and produce all relevant reports required by the ECNBA.

According to the approved ECNBA Budget, the Technical Support Consultant is to earn N15 Million for its services.

It remains to be seen the exact role played by Finesse Integrated Technologies Limited in the NBA 2018 Elections saga.

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ZONING: ECNBA OKAYS MAIKYAU, TAIDI FOR NBA PRESIDENCY

The Electoral Committee of the Nigerian Bar Association (ECNBA) has finally laid to rest the controversy on the zoning of offices for the July 16, 2022 NBA National Elections.

In a document obtained by CITY LAWYER and signed by Mr. Ayodele Akintunde SAN and Ms. Mabel Ekeke, ECNBA Chairman and Secretary respectively, the committee stated that “for purposes of zoning in the forthcoming 16 July 2022 elections, the applicable zoning principles are as contained in the Constitution of the NBA, which remain sacrosanct.”

This has ostensibly settled the vexed issue of “micro-zoning” of offices in the eagerly awaited elections. CITY LAWYER recalls that former Secretary of the NBA Constitution Review Committee, Mr. Olasupo Ojo had asked the committee to interpret especially Section 9(3) of the recently amended NBA Constitution.

However, throwing the gates wide open for all aspirants within each geographical zone to vie for the offices, the ECNBA put the issue beyond debate, thereby clearing the way for NBA Welfare Committee Chairman, Mr. Yakubu Chonoko Maikyau SAN and immediate past NBA General Secretary, Mr. Jonathan Taidi.

Watchers of NBA politics had speculated that if the committee had implemented the “micro-zoning” principle, this would especially have shut out Maikyau, given that former NBA President, Mr. Abubakar Mahmoud SAN is from the same zone. This, they believe, would have handed the initiative to the Chairman of NBA Security Agencies Relations Committee (NBA-SARC), Chief Joe-Kyari Gadzama SAN who is believed to be eyeing the NBA Presidency.

Said ECNBA: “For purposes of determining the eligibility of a candidate to contest for the offices liable to be rotated on the basis of the zoning arrangements specified in the Constitution of the NBA as fully reflected in the ECNBA’s Preliminary Notice of Election and the Guideline for 2022 Elections, regard shall be had to the candidate’s geographical zone of origin with particular reference to a State within the zone under reference.”

The committee noted that its Preliminary Notice of Election dated 17 March 2022 and Guideline for 2022 Elections of National Officers of the NBA and the NBA Representatives to the General Council of the Bar (General Council) dated 24 March 2022 “sets out the zoning arrangement for National Officers and NBA Representatives to the General Council consistent with the provisions of Part IV (1), (2), (3), (4) (5) and Part V (2) of the Constitution.”

It observed that 1.3 Part IV (4) of the Constitution provides that “where a position is zoned to a particular geographical zone, the position shall be rotated and held in turn by the different groups and/or sections in the geographical zone”.

Perhaps hinting that there is a lacuna in the NBA Constitution, the committee stated that all that was defined in the Constitution were the States that are comprised in the various zones and not the “different groups and/or sections in the geographical zone”.

According to the committee, “The Constitution specifies some offices subject to rotation on the basis of the principle of zoning. With reference to the election of national officers, these offices are:

(a) President (b) 1st Vice-President (c) 2nd Vice-President (d) 3rd Vice-President (e) General Secretary

“With reference to the election of NBA representatives to the General Council, the NBA Constitution specifies that each zone shall elect not less than six (6) Representatives to the General Council.

“For clarity, the States in each of the zones as provided for in the NBA Constitution are reproduced below:

i. Northern Zone: Adamawa, Bauchi, Benue, Borno, Gombe, Jigawa, Kaduna, Kano, Katsina, Kebbi, Kogi, Kwara, Nasarawa, Niger, Plateau, Sokoto, Taraba, Yobe, Zamfara and FCT-Abuja.
ii. Eastern Zone: Abia, Akwa Ibom, Anambra, Bayelsa, Cross River, Ebonyi, Enugu, Imo, and Rivers State.
iii. Western Zone: Delta, Edo, Ekiti, Lagos, Ogun, Ondo, Osun, and Oyo.”

CITY LAWYER recalls that Ojo had in the letter addressed to ECNBA Chairman and marked “URGENT” with reference number OO/ECNBA/ABJ/ECNBA/02/22, Ojo said: “In the main, I write to formally seek the attention of the ECNBA, for the proper interpretation of the mandatory provisions of section 9(3) of the NBA Constitution as well as paragraphs 2.2(b) and 2.2(d) of the second schedule in light of the forthcoming 2022 NBA National Officers’ election.”

Continuing, the fiery senior lawyer said: “Pursuant to the dictates of section 9(3) of NBA Constitution and paragraphs 2.2(b) and 2.2(d) of the second schedule, the rotation of the candidacy for the office of the presidency amongst different groups/sections in the geographical zones created by the NBA Constitution has been and is an intrinsic provision of the NBA Constitution; which has since been endorsed by the 2020 Electoral Reform and Audit Committee which recommended inter alia that same;

“…should be strictly adhered to in order to ensure that no group and/or section in a geographical zone is marginalized and the unity of the bar is preserved.”

“This report and recommendation was also given imprimatur by its subsequent adoption by the NBA NEC as contained in the communiqué issued by the President and General Secretary of the Association on March 18, 2021. Kindly find attached the relevant pages of the report, NEC minutes of meeting and communiqué for ease of reference.”

He noted that section 9(3) of the NBA Constitution provides that the country shall be divided into three zones as set out in the Second Schedule for the purposes of election into national offices.

Quoting Paragraph 2.2(b) of the second schedule to the NBA Constitution, Ojo identified the geographical zones as Northern, Eastern and Western Zones, adding that “what constitutes different groups or sections in the NBA Constitution is akin to the geopolitical zones within the geographical zones.”

Ojo noted that Paragraph 2.2(d) of the Second Schedule to the NBA Constitution provides that “Where a position is zoned to any particular geographical zone, the position shall be rotated and held in turn by the different groups and/or sections in the geographical zone.”

According to Ojo, “Having due regard to paragraph 2.2(d) of the second schedule to the NBA Constitution reproduced above, an aspirant to the Office of the Presidency of the NBA has to be from a section/geo-political zone in the geographical zone where the Presidency is zoned, in this case the North for 2022 NBA election, in compliance with the constitutional rotation requirement. This rotation within the geographical zones also applies to the positions of 1st Vice President, 2nd Vice President, 3rd Vice President and General Secretary which have all been zoned to specific geographical zones for the purposes of the 2022 NBA elections as pointed out above. That is to say that within the Western zone, the rotational principle will apply in view of the different sections/groups which are mid-west and south-west while in the Eastern Zone; rotation is to be between the south-south and south-east. In the same vein, the rotation is to be amongst the North-Central, North-West and North-East geopolitical zones within the Northern zone.”

He noted that following the build-up to the 2022 NBA election which has been zoned to the North, “there are several prospective aspirants for the position of the NBA President from the Northern Zone, many of whom have consulted me in respect thereof.

“I seek the clarification and/or confirmation of the ECNBA as to the import of section 9(3) of the NBA Constitution and paragraph 2.2(d) of the second schedule of the NBA Constitution on the 2022 NBA general election in the determination of the issue as to the eligibility status of aspirants emerging from the sub-zones from the North, West and East geopolitical zones respectively with respect to the offices zoned to them.. In my humble view the need for this clarification now is germane to the transparency and fairness of the electoral process and clearly represents the clear and mandatory provision of the just amended NBA Constitution and should ideally therefore be expressly indicated in the guidelines that will be issued and published by the ECNBA in due course.”

Concluding, Ojo wrote: “In the circumstances, I seek the required clarification as it relates to the rotation amongst the various sections/groups within the respective zones that are to produce the next NBA President, General Secretary and Vice Presidents in order to be properly guided as a voter and key stakeholder of the Bar. This is more so as consultations are ongoing and I intend to possibly contest or play key roles in the electioneering process at the appropriate time. I humbly entreat you to treat this matter with utmost fairness, transparency, justice and strict adherence to the rule of law as it is a sensitive issue touching on the future of the Nigerian Bar. I await your prompt response on this matter so that I can be guided accordingly.”

ECNBA_ZONING

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MAIKYAU, TAIDI’S FATE SEALED, AS ECNBA ISSUES ELECTION GUIDELINES

The Electoral Committee of the Nigerian Bar Association (ECNBA) has issued guidelines for conduct of the 2022 NBA National Election as well as election into the General Council of the Bar.

According to the Guidelines obtained by CITY LAWYER and dated March 24, 2022 there are strong indications that the committee may have foreclosed the controversy surrounding micro-zoning of national offices. This may brighten the chances of senior lawyer and Chairman of NBA Welfare Committee, Mr. Yakubu Maikyau SAN and former NBA General Secretary, Mr. Jonathan Taidi who are believed to be eyeing the post of NBA President.

CITY LAWYER recalls that Mr. Olasupo Ojo had in a letter to ECNBA faulted the Preliminary Notice of Election issued by the committee, arguing that it did not provide for “micro-zoning” of national offices as mandated by the National Executive Council (NBA-NEC). The letter was titled “RE: ECNBA PRELIMINARY NOTICE OF ELECTION” and dated March 21, 2022. Given that the ECNBA Guidelines were released early today, it was unclear at press time whether it was a veiled response to Ojo’s complaint.

Watchers of NBA politics believe that if implemented, the micro-zoning formula would have shut out Maikyau and Taidi, handing the initiative to leading arbitrator and Chairman of NBA Security Agencies Relations Committee (NBA-SARC), Chief Joe-Kyari Gadzama SAN who is from the North East.

In the Guidelines titled “GUIDELINES FOR THE 2022 ELECTIONS OF NATIONAL OFFICERS OF THE NBA AND NBA REPRESENTATIVES TO THE GENERAL COUNCIL OF THE BAR,” ECNBA merely restated the zoning formula as contained in its Preliminary Notice of Election where it allotted the positions of NBA President and First Vice President to “Northern Zone.”

The committee listed the States under “Northern Zone” to include Adamawa, Bauchi, Benue, Borno, Gombe, Jigawa, Kaduna, Kano, Katsina, Kebbi, Kogi, Kwara, Nasarawa, Niger, Plateau, Sokoto, Taraba, Yobe, Zamfara and FCT-Abuja. This means that aspirants from the North East, North West and North Central can vie for the positions.

The Guidelines also dealt with issues ranging from offices to be contested for in the elections, zoning of offices, qualifications to hold national office, qualifications to hold office as NBA Representative to the General Council of the Bar to issues relating to disqualification of candidates, nomination of candidates, appeals by disqualified candidates, campaign rules and regulations and electronic voting.

On announcement of results of election, the committee said: “At the close of the poll, the ECNBA shall in the presence of the candidates, or their representatives/agents collate and verify the votes before the announcement of results.”

It added that “Pursuant to Part X (1), Second Schedule of the Constitution, the results of the election shall be announced within twenty-four (24) hours of the conduct of elections upon collation and verification of the votes.”

The ECNBA Chairman, Mr. Richard Akintunde SAN had told CITY LAWYER that the committee had received the complaint from Ojo, adding that it would respond “as soon as possible.”

ECNBA Election Guidelines 24 March 2022

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NBA ELECTION 2022 TO GULP N35 MILLION

The Nigerian Bar Association National Executive Council (NBA-NEC) has approved about N34.878 million for the conduct of this year’s National Officers Election.

This is a fallout of a painstaking review of the proposed interim budget submitted by the Electoral Committee of the NBA (ECNBA) led by respected senior lawyer, Mr. Richard Akintunde SAN.

The NBA-NEC had deferred the budget review from its quarterly meeting held on February 23, 2022 to yesterday’s Emergency Meeting to enable a thorough review of the proposed budget by members.

CITY LAWYER gathered that a constitutional crisis may have been averted by the passage of the budget, as today was the last day for the electoral umpire to issue the Preliminary Notice of Election in accordance with the amended constitution.

A source who is familiar with the matter told CITY LAWYER that N4 million was shaved off the proposed budget as the electoral committee had secured a temporary office for N1 million at the Abuja Chamber of Commerce and Industry as against the earlier N5 million proposed for that purpose. The source also said that the NBA leadership is rehabilitating its old secretariat where the ECNBA will use as its permanent operational base.

While N4,044,000 was approved as office and administrative expenses, N2,760,000 was approved for ECNBA’s voter education/sensitization outreach. CITY LAWYER gathered that this will be held in clusters in the three zones, with branches invited to the clusters nearest to them for the exercise.

N17,978,000 and $15,000 were approved for the all-important “Technical/ICT” component of the assignment, while N3,871,300 was approved for office equipment such as laptops, photocopying machines, printers and projectors.

CITY LAWYER gathered from an unimpeachable source that the current framework is a departure from the last election when the electoral umpire did not have control of its budget and expenditure.

Asked about the total cost of the previous exercise, a key member of that committee said: “That is something I cannot confirm. The NBA paid directly for everything that was done during the elections. ECNBA members did not sign any cheques but only received individually what they required to carry out their duties and their approved allowances.

“Service providers were all paid by the NBA. As such, it is the NBA that can answer questions as to expenditure for the elections, not the ECNBA. The sums we received individually are on record, so it is only for those we can individually account.”

While a source told CITY LAWYER that NBA will continue to pay vendors as ECNBA does not have legal personality,  analysts believe that the arm’s length relationship between the ECNBA and the NBA leadership will foster greater independence for the electoral umpire and promote free and fair election come July 2022.

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ZONING: OJO REPLIES ECNBA, SAYS ‘I’VE WARNED IN ADVANCE’

Fiery senior lawyer and former Secretary of the Nigerian Bar Association (NBA) Constitution Review Committee, Mr. Olasupo Ojo has reacted to the response of the Electoral Committee of the NBA (ECNBA) to his enquiry on the NBA Constitution, saying that it was designed as an “advance warning signal” to the electoral body.

Speaking with CITY LAWYER in reaction to the ECNBA response, Ojo said that he is “satisfied that I brought the issue raised in my letter to the attention of the ECNBA to alert them and give them advance warning signal and assist the Committee in the discharge of their onerous functions bearing in mind the negative history of NBA elections.”

Continuing, Ojo said he was “satisfied with the assurance given by the ECNBA” as contained in their reply to his letter “especially their comforting undertaking as men and women of integrity” to the effect “that the ECNBA will administer the applicable rules fairly and firmly at all times”.
According to the senior lawyer, “I believe they already have notice of the issues raised in my letter and will avoid the identified pitfall by all means. This is the best assistance all of us stakeholders can render to the ECNBA in all sincerity.

“I appreciate the ECNBA for their prompt reply which further confirms their awareness that stakeholders are watching every step they take as they proceed with the daunting task. I shall keep watching because vigilance is the price of liberty. I wish the ECNBA success.”

CITY LAWYER had in an exclusive report unveiled ECNBA’s response to Ojo enquiry which many observers of NBA politics believe is targeted at the zoning of NBA offices. Some observers believe that a strict interpretation of the NBA Constitution may weed out some leading NBA presidential aspirants, leaving former NBA presidential candidate, Chief Joe-Kyari Gadzama SAN as the sole candidate.

The ECNBA has respected Bar Leader, Mr. Richard Akintunde SAN as Chairman. Other members are Ms. Mabel Ekeke (Secretary); former chairman of the board of National Human Rights Commission (NHRC), Prof. Chidi Odinkalu; former NBA Treasurer, Aisha Ado-Abdulahi and ICT expert, Mr. Basil Udotai.

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ECNBA: CAN AKINTUNDE FIX NBA’S TROUBLED ELECTIONS?

The appointment of chartered arbitrator and President of Business Recovery and Insolvency Practitioners Association of Nigeria (BRIPAN), Mr. Richard Ayodele Akintunde (SAN) as the Chairman of the Electoral Committee of the Nigerian Bar Association (ECNBA) has elicited excitement in legal circles as to the prospects of the eagerly awaited 2022 NBA National Officers Election.

This comes against the backdrop of serial controversies that have trailed NBA elections especially since 2012. The controversies have imperiled NBA’s larger-than-life standing in the eyes of Nigerians and compromised its advocacy towards free and fair elections in the polity.

Perhaps the lowest point was the inroad of the Economic and Financial Crimes Commission (EFCC) into NBA’s electoral affairs, with its high stakes investigation of the 2018 NBA Election. The Commission determined that there was a prima facie case of misfeasance and filed charges against some defendants.

It is against this backdrop that the appointment of Akintunde as Chairman of the ECNBA is seen as offering a glimmer of hope in fixing the challenges that have ailed NBA elections over the years. This is further boosted by the inclusion of other tested persons in the committee.

Instructively, the senior lawyer was the Chairman of the NBA Electoral Reform and Audit Committee whose core mandate was “To audit the elections of National Officers of the NBA of 2016, 2018 and 2020 and recommend reforms, if any, of the electoral process.” NBA President, Mr. Olumide Akpata had while inaugurating the committee stated that it “is already in the process of recommending reform measures to ensure that complaints about the NBA electoral process are significantly minimised.”

As Akpata inaugurates the committee today, CITY LAWYER profiles Akintunde on whose shoulders the hopes of lawyers for a free, fair, credible and rancour-free 2022 NBA Elections now rests.

PROFILE OF RICHARD AYODELE AKINTUNDE SAN C.ARB., FBR
Richard Ayodele Akintunde, SAN, obtained his LL. B from the University of Ife (now Obafemi Awolowo University) in 1984 and was called to the Nigerian Bar in 1985.

For over 35 years, he has been in active legal practice. During this period, he has amassed a wealth of experience in in Civil Litigation, Commercial Litigation, Criminal Litigation, Insolvency and Arbitration and has represented clients in a wide range of civil and criminal matters at the High Courts, Court of Appeal and the Supreme Court of Nigeria.

Currently, he is a Senior Partner in the law firm of Ayodele Akintunde & Co. a full-service law firm with offices in Lagos and Abuja, Nigeria where he heads the Litigation and Alternative Dispute Resolution Unit.

In 2016, he was elevated to the rank of Senior Advocate of Nigeria. He is also a Chartered Arbitrator, a Fellow of the Chartered Institute of Arbitrators, United Kingdom, a Fellow of the Business Recovery and Insolvency Practitioners Association of Nigeria where he is currently the President, a Fellow of the Institute of Construction Industry Arbitrators and a Council Member of the Nigerian Bar Association – Section on Legal Practice (NBA-SLP) and a member of the Nigeria Bar Association, Lagos Branch.

Mr. Akintunde, SAN has served as the Chairman of the NBA Lagos Branch Election Committee in 2015, 2017 and 2019. In 2019, the Election Committee made history by successfully conducting the first ever NBA Branch elections in Nigeria by electronic voting. The Election was adjudged by all stakeholders to be transparent, free, fair and credible. In 2020, he was also appointed as the Chairman of the Nigerian Bar Association Electoral Reform and Audit Committee to audit the 2016, 2018 and 2020 elections of National Officers of the Nigerian Bar Association and recommend reforms of the electoral process.

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NBA ELECTION: AKPATA TO INAUGURATE COMMITTEE ON MONDAY

Barring any last-minute hitch, Nigerian Bar Association (NBA) President, Mr. Olumide Akpata will on Monday inaugurate the newly appointed Electoral Committee of the NBA (ECNBA).

An impeccable source who is familiar with the matter told CITY LAWYER that the inauguration which was originally scheduled to hold at NBA House by 12 noon will now hold same day at 3:30 pm.

The inauguration will set the stage for frenzied politicking towards the eagerly awaited 2022 NBA National Elections. The presidential election will see only candidates from the Northern Zone slugging it out for the coveted seat, going by the zoning arrangement built into the NBA Constitution (as amended).

Akpata had at the last NBA National Executive Committee (NBA-NEC) quarterly meeting in Abeokuta announced the appointment of members of the Electoral Committee to conduct the 2022 National Officers election.

Many political pundits have hailed Akpata on the appointment of Akintunde to spearhead the election, saying it signposts a commitment towards a free and transparent election. Akintunde was a longstanding Chairman of several NBA Lagos Branch electoral committees which conducted rancour-free elections to the admiration of members. A source told CITY LAWYER that he was in the running to conduct the last controversial NBA National Elections but was side-stepped at the last minute.

Other members of the Committee are Mabel Ekeke, Secretary; firebrand human rights activist, Prof. Chidi Odinkalu; former NBA Treasurer, Aisha Ado-Abdulahi and leading ICT expert, Mr. Basil Udotai.

It is recalled that especially since 2012, NBA National Election have limped from one controversy to another, thereby compromising NBA’s standing towards combating electoral misfeasance in Nigeria.

Akpata had in his inaugural address said: “It is for this reason that I immediately constituted an Electoral Audit and Reforms Committee headed by Ayo Akintunde SAN to audit our 2016, 2018 and 2020 elections and to recommend reforms for our electoral systems and processes.

“For me, two things stand out. The first is the need to audit the election that led to our emergence, but which was also characterised by certain glitches that should not be associated with a foremost professional association like ours.”

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BRIPAN TO PARTNER CAC, OTHERS FOR BETTER SERVICES

The Business Recovery and Insolvency Practitioners Association of Nigeria (BRIPAN) says it is poised to bolster its engagement with the Corporate Affairs Commission (CAC) for improved service delivery.

The newly sworn-in President of BRIPAN, Mr. Ayodele Akintunde, SAN, made the remark during the inauguration of the 2022-2023 executive members in Lagos.

Akintunde assured that the new leadership would continue to constructively engage with the regulatory agencies to ensure better synergy in the interest of its members and the country. “These engagements will help improve the customer experience of our members at the CAC and their overall experience when handling insolvency matters in the Federal High Court,” he said.

He stressed that strategic collaborations and partnerships would be the focus of the new leadership, saying: “In the past, we have partnered with the Nigerian Stock Exchange (NSE), Securities and Exchange Commission (SEC), Asset Management Corporation of Nigeria (AMCON) and Nigeria Deposit Insurance Corporation (NDIC).

“We have also partnered with the INSOL International (International Association of Restructuring, Insolvency & Bankruptcy Professionals), Africa Roundtable, Developmental Agencies and even CAC in the areas of training and policy development in the insolvency space in Nigeria and Africa.

“The new exco will continue to forge better relationships with these organisations as well as with the Nigerian Bar Association (NBA) and the Institute of Chartered Accountants of Nigeria (ICAN) which most of our members belong to.”

According to Akintunde, “The recognition of BRIPAN as the foremost body of business rescue and insolvency professionals in Nigeria by Companies and Allied Matters Act (CAMA) 2020 has thrust a lot of responsibility on us and we must continue to improve the theory and practice of insolvency.

“We should jealously guard our recognition as the best trainers of insolvency professionals in Nigeria. We must all work to consolidate this milestone achievement by making BRIPAN stronger, more effective and more responsive in the business rescue and insolvency space in Nigeria.”

He said BRIPAN would not rest on its oars but will continue to engage key stakeholders such as the judiciary, CAC and SEC to facilitate the requisite reforms.

CITY LAWYER recalls that Akintunde, who took over from Prof. Fidelis Oditah, SAN as the 10th BRIPAN president is expected to be in the saddle for the next two years.

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CIARB NIGERIA WANTS PARTIES THAT SHUN ARBITRATION CLAUSES PUNISHED

The Chartered Institute of Arbitrators UK (Nigeria Branch) held its Annual Conference at Ibadan, Oyo State from 3rd to 5th November, 2021. Below is the text of the communique issued after the highly successful annual conference.

Communiqué of the Annual Conference of the Chartered Institute of Arbitrators UK (Nigeria Branch) held at the Hall of Grace Jogor Event Centre, Ibadan, Nigeria/online from the 3rd to 5th November 2021

Introduction:
Over 600 delegates and about 50 speakers from all over the world registered and participated in the annual
conference physically and virtually at Jogor Event Centre, Ibadan, Nigeria and online with the Conference
theme of “Future perfect: Securing Africa’s ascent on the global ADR stage”.

The Annual Conference of the Chartered Institute of Arbitrators UK (Nigeria Branch) held at the Hall of Grace
Jogor Event Centre, Ibadan, Nigeria/online from the 3rd to 5th November 2021. The program commenced
with the Young Members Group Conference on the 3rd of November and continued until the 5th of November. Various events including an opening session, two plenary sessions, eight parallel sessions and one Oxford style debate alongside other events like networking breakfast, gala night and golf tournament were part activities within the period.

The Governor of Oyo State, His Excellency, Seyi Makinde declared the conference open, and the keynote
address was given by the Honourable Minister of the Federal Ministry of Works and Housing, His Excellency
Babatunde Raji Fashola, SAN.

In the Course of the Three (3) days conference with the delegates and speakers discussing the theme of the
conference, with the following sessions that critically looked at the following sub themes:
– Evolving areas and practical tools for practitioners
– Nigeria as a seat of international arbitration – a closer look.
– IP, Data Privacy and sharing in arbitral proceedings.
– Facing moral and ethical dilemma: what would you do?
– Cyber security issues in arbitration: best practices.
– Developing diversity in arbitration: advocacy and tribunal secretaries.
– Africa Rising: Enhancing efficiency in the arbitral process.
– Insolvency and Arbitration: Dealing with post-covid disputes.
– An hour with African Arbitrator Sages: A mentoring session.
– Climate change and Green arbitration: Need for adaptation.
– Around the world in 60 minutes: Hot topics in international arbitration and mediation.
– Civil Justice and Mediation: Overview of developments in commercial mediation (Oxford Style Debate).

Which sought to address questions such as:
1. Can Nigeria be considered as a friendly seat for arbitration, does Nigerian laws and courts actively support
the arbitral process and does the country have adequate infrastructure?
2. How can a party protect its trade secrets shared during arbitral proceedings?
3. To what extent can data or other information be privileged such that it cannot be shared?
4. What are the professional obligations or duties of parties in ADR proceedings?
5. Are specialized international ethical rules needed, and if so, how would they relate to existing national
rules?
6. What are the cyber-security risks inherent in the use of technology in arbitration proceedings?
7. What are the guidelines, protocols, and rules that have been established by arbitral institutions and
professional bodies?
8. What progress has diversity brought to international arbitration?
9. How can Africa take advantage of its very pivotal role in global commerce and business to promote a more
afro-centric practice of arbitration?
10. What are the potential challenges that insolvencies induced by the evolving covid-19 pandemic, likely to
pose to arbitrations, arbitrators, and practitioners?
11. What are the aims and objectives of the green arbitration campaign?
12. What is the green arbitration pledge and protocol and how can it enhance the development of greener
arbitration in Africa and Nigeria in particular?
13. Can parties to a civil dispute be compelled to participate in ADR processes under the extant Nigerian law
and does the constitution of the Federal Republic of Nigeria, the High Court laws, and the various rules of
court permit this approach?

The following conclusions were agreed upon,
ADR is increasingly being used in Africa as it is aligned with the African concept of justice. Foreign direct
investment into Africa and intra African trade is increasing in value and numbers, hence the argument for the
use of ADR is even stronger.

1. There is a need to inject new innovations and improve the overall process of ADR in Nigeria. Investors want
alternative dispute resolution methods that are efficient and affordable and the use of ADR will help to
reduce the burden on the courts and improve access to justice.

2. There is a general misconception about what arbitration and ADR is by parties and Counsel. The CIArb
Nigeria should adopt strategies to develop awareness and advocacy on the general use of ADR by
disputants.

3. There must be punitive costs on parties that resort to litigation after they have decided to submit their
disputes to arbitration via their arbitration clause. Parties who head to court rather than following the
dispute resolution clause should be sanctioned for not respecting the sanctity of the arbitration clause
mutually entered into by parties.

4. The Chartered Institute should drive the narrative on ADR in Africa because Africa’s size, geographically
and demographically is a major advantage for the continent. The major thing that stands in the country’s
way is ADR practitioners and users who refuse to retain their dispute resolution on the continent and
appoint African practitioners.

5. Factors that parties consider in choosing whether a country is arbitration friendly.
1) Look at the party’s country anti-corruption policy
2) Contractual dynamics
3) Subject matter of the dispute
4) Issue of neutrality
5) Security and
6) Need for specialized judges and not specialized courts

6. Arbitrators must ensure data protection, retention and destruction; identify the confidential data and
utilise platforms that will ensure the protection of such data.

7. Confidentiality is one of the hallmarks of arbitration and arbitral tribunals must ensure privacy especially
as sensitive information be given during the hearings, the arbitrators in such disputes must ensure that the
information is protected and kept confidential.

8. An Investment Protocol under AfCFTA will provide common protections for investors across all African
countries and provide a means of redress for settling disputes amongst private parties. It will ensure
greater certainty of investor protection as “Investment” will have the same meaning cross Africa.

9. Every player in the arbitration space must take the issue of diversity seriously, and there must be a joint
effort between all stake holders. Law firms, ADR institutions and parties should address the issue of
diversity. ADR institutions have a role to play in inclusion and diversity, the arbitral institution should put
issues of diversity into consideration when constituting arbitral tribunals.

10. Diversity in the constitution of the tribunal does not really impact on the impartiality and independence
of the arbitrators. Generally, arbitrators are supposed to be impartial and independence, so diversity is
not going to have much influence on the impartiality and independence of the arbitral panel.

11. Hard work, perseverance, dedication, continuous training and passion will assist in positioning CIArb
members for arbitration work. Mentorship and development of various schemes will be improved to
provide more opportunities for members.

12. There is need for the inclusion of arbitrators from other professional backgrounds in our membership.
Arbitral Institutions should encourage appointment of arbitrators from other professions when
constituting arbitral tribunals due to specialisation and overall competence in the determination of certain
disputes.

13. There should be diversity in the constitution of the arbitral tribunal and appointment of an arbitral secretary to ensure an all- inclusive tribunal that represents diversity such as gender, age, ethnicity, geography and such criteria.

14. The risk of cyber hacking and mishandling of confidential information is real. It is important for an
arbitrator to be aware of the necessary data protection laws and its applications to avoid personal liability
and misconduct.

15. For an arbitral tribunal to be liable for misconduct, such misconduct needs to be identified and proven.
Parties are called upon to comply with directions by the Tribunal and Members are also to ensure adherence
to professional ethics always.

16. The Green Protocols from the Campaign for Greener Arbitration primarily focuses on three critical areas
in which changes in the behavioural practices of arbitration practitioners could have the largest impact in
substantially reducing carbon emissions. The arbitration community is encouraged to:
a. Adopt clean forms of energy,
b. Reduce or eliminate long-haul travel and,
c. Minimize waste, for example by eliminating hard copy fillings altogether.

17. Arbitral institutions across Africa should provide protocols on remote/virtual hearings and support the
digitalization of arbitration to reduce the carbon footprint in the conduct of arbitrations.

18. Arbitration clauses that provide for procedural meetings and oral evidentiary hearings to be conducted
remotely or virtually should be included in drafting such agreements.

19. Access to the delivery of civil justice is enhanced when parties can voluntarily make use of all forms of
alternative dispute resolution methods particularly mediation and arbitration for both domestic and
international disputes. It is therefore important that policy makers in the judiciary and legislature support
and enhance the use of ADR in decongesting the courts and making civil jurisprudence more efficient and
accessible to parties.

Signed by:
Prince Lateef Fagbemi SAN                                                      Richard Ayodele Akintunde SAN
Co-Chair, 2021 Conference Planning Committee                    Co-Chair, 2021 Conference Planning Committee

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ROTATIONAL PRESIDENCY: ELECTORAL REFORM C’TE WANTS NBA CONSTITUTION AMENDED

The Nigerian Bar Association Electoral Audit and Reform Committee (NBA-EARC) has called for the amendment of the NBA Constitution to clearly provide for rotational presidency.

In a 44-page report obtained by CITY LAWYER, the committee poked holes in the NBA Constitution as it relates to rotational presidency and recommended that “The NBA Constitution should be amended to specifically state/identify the different groups and/or sections in a geographical zone since different groups and/or sections do not appear to mean a state within the geographical zone.”

The committee “identified the issues that plagued the 2016, 2018 and 2020 elections and classified them into three broad categories; namely: (i) Pre-election issues, (ii) Election Day issues and (iii) Post-Election issues.”

Specifically, it identified “Non-implementation of the rotational policy as it relates to the different groups and/or sections in a geographical zone as stated in the constitution” as a major stumbling block towards free and fair NBA elections.

Other challenges that hampered the elections were: Delay in appointment and appearance of lack of Independence of the ECNBA; Appearance of lack of transparency in the engagement of service providers; Negative impact of money driven campaigns on the election’s credibility; Involvement of the sitting NBA President in the electoral process; Non-implementation of the rotational policy as it relates to the different groups and/or sections in a geographical zone as stated in the constitution; Cumbersome verification process; Lack of integrity and late publication of the list of eligible voters; Lack of integrity of the NBA voting portal; Involvement of the NBA Secretariat in the electoral process; and Poor IT knowledge of some Lawyers.

Turning to the controversial issue of rotational presidency, the committee recommended that “The NBA Constitution should be amended to specifically state/identify the different groups and/or sections in a geographical zone.”

According to the committee which was chaired by respected senior lawyer and longstanding NBA Lagos Branch Electoral Committee Chairman, Mr. Ayodele Akintunde SAN, “The committee found that “Another area of concern is the interpretation of the constitutional provisions of zoning particularly with respect to the election to the office of the President.

“The rotational presidency of the NBA was initially an informal arrangement until it was formalized by its incorporation into the NBA Constitution. Sadly, what started out as an arrangement geared toward promoting an all-inclusive bar is now posing a threat to the unity of the Bar.

“The NBA is divided into three (3) geographical zones for the purpose of electing National Officers namely- Northern Zone, Eastern Zone and Western Zone. The list of states that make up the respective geographical zones are set out in Paragraph 1.2 (e) of the Second Schedule to the NBA Constitution.

“The Northern Zone is made up of the following states: Adamawa, Bauchi, Benue, Borno, Gombe, Jigawa, Kaduna, Kano, Katsina, Kebbi, Kogi, Kwara, Nasarawa, Niger, Plateau, Sokoto, Taraba, Yobe, Zamfara and Abuja. The Eastern Zone is made up of the following states: Abia, Akwa Ibom, Anambra, Enugu, Bayelsa, Ebonyi, Cross River, Imo, and Rivers while the Western Zone is made up of the following states: Delta, Edo, Ekiti, Lagos, Ogun, Ondo, Osun, and Oyo.

“Since the amendment of the NBA Constitution in 2015, the geographical rotation of the position of President of the NBA has been complied with. In 2016, Mr. Abubakar Mahmoud, SAN from the Northern Zone was elected as President while in 2018, Mr. Paul Usoro, SAN from the Eastern Zone was elected and more recently in 2020, Mr. Olumide Akpata from the Western Zone was elected as President.

“In past elections, members of the NBA have alleged that some ethnic associations within the NBA amass support for candidates from select states within a geographical zone thereby marginalizing candidates from other states despite the provisions of paragraph 2.2 (d) of the Second Schedule to the NBA Constitution which provides for the rotation of a position in turn by the different groups and/or sections in the geographical zone.”

The committee therefore recommended that “The provisions of Section 9 (d) and Paragraph 2.2 (d) of the Second Schedule to the NBA Constitution should be strictly adhered to in order to ensure that no group and/or section in a geographical zone is marginalized and the unity of the bar is preserved.”

It also urged that “The NBA Constitution should be amended to specifically state/identify the different groups and/or sections in a geographical zone since different groups and/or sections do not appear to mean a state within the geographical zone,” adding that “The ECNBA in its preliminary notice for the election of National Officers of the NBA should specify which group and/or section in a geographical zone the position is rotated to as a measure to ensure adherence to Section 9 (d) and Paragraph 2.2 (d) of the Second Schedule of the NBA Constitution.”

The Committee stated that it “is of the firm view that if the recommendations contained in this Final Report are implemented, future elections of National Officers of the NBA by electronic voting will be devoid of the controversies which have plagued past elections,” while urging the Olumide Akpata led association to “commit to making the required changes to its electoral processes and reference point for conducting credible, free and fair elections in Nigeria and rebuild confidence in the electoral process for the overall good of all. NBA must be true to its motto which is “promoting the rule of law”.

It is recalled that Akpata had during his inaugural address promised to reform NBA’s electoral system to ensure that it is devoid of the controversies that had trailed its elections especially since the advent of electronic voting. The committee was on September 30, 2020. CITY LAWYER gathered that the NBA-EARC Report was presented to the NBA-NEC Meeting at Uyo, Akwa Ibom State.

The full report is available at this link.
https://citylawyermag.com/wp-content/uploads/2021/06/FINAL-REPORT-EARC.pdf

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NBA ELECTION AUDIT C’TE INVITES MEMORANDA

The Nigerian Bar Association (NBA) Electoral Reform and Audit Committee (NBA-ERAC) has asked stakeholders to submit memoranda for a successful audit of the 2016, 2018 and 2020 Elections and reform of NBA’s electoral system.

In a statement today signed by Mr. Ayodele Akintunde SAN and Mrs. Nnenna Uko, its Chairman and Secretary respectively, the committee stated that all memoranda must be submitted “on or before 6.00 pm on Monday, November 2, 2020.”

Below is the full text of the statement.

NBA ELECTORAL REFORM AND AUDIT COMMITTEE: INVITATION TO SUBMIT MEMORANDA FOR CONSIDERATION BY THE COMMITTEE

Distinguished Colleague,

The President of the Nigerian Bar Association (NBA), Mr. Olumide Akpata on the 30th of September 2020 inaugurated the NBA Electoral Reform and Audit Committee (“the Committee”) comprising of;

Ayodele Akintunde, SAN (Chairman)
Hon. Mike Igini (Vice Chairman)
Nnenna Uko (Secretary)
Andrew Odum
Altine Ibrahim
Ama Etuwewe SAN
Basil Udotai
Hadiza Nasir Ahmad
John Owubokiri
Mas’ud Alabalewe
Oludayo Olorunfemi
Rotimi Ogunyemi
Joyce Oduah FICMC (NBA General Secretary)

At the inaugural meeting of the Committee held on the same day, the Committee resolved to invite members of the NBA, branches of the NBA and all stakeholders to submit Memoranda in line with the Committee’s terms of reference below:

(a) To audit the elections of National Officers of the NBA of 2016, 2018 and 2020 and recommend reforms if any of the electoral process.

(b) To receive Memoranda and carry out extensive consultations across all demographics of the NBA on the experiences of the 2016, 2018 and 2020 NBA Elections in order to make recommendations that will strengthen the conduct of transparent, free, fair and credible elections of National Officers of the NBA.

(c) To review post-election audit reports for the 2016, 2018 and 2020 election of National Officers of the NBA by the Election Committee of the Nigerian Bar Association (“ECNBA”) or any other body appointed to conduct the post-election Audits.

(d) To identify any issues, failures or irregularities with the process and conduct of the 2016, 2018 and 2020 elections of the National Officers of the NBA and make recommendations.

(e) To study the provisions of the NBA Constitution (as amended) on elections of National Officers of the NBA and propose amendments as may be deemed necessary.

(f) To identify international best practices on elections of Professional Associations similar to the NBA that will impact positively on the quality and credibility of elections of the National officers of the NBA NBA.

(g) To review the efficiency of the National Secretariat in assisting the Election Committee of the Nigerian Bar Association (ECNBA) and make recommendations to strengthen the role of the ECNBA and its independence in dealing directly with branches on data collation and management with minimal interference of the National Secretariat of the NBA.

(h) To review and recommend ways to strengthen data collation, storage and management for elections.

(i) To work on all such areas that would improve Data Collection of Members of the NBA and Electronic Voting to guarantee free, fair, transparent and credible elections.

(j) To do anything that the Committee may consider relevant or necessary in connection with these terms of reference.

(k) To make recommendations deemed necessary for the realization of these terms of reference

The Committee has till the 31st of December 2020 to deliver its assignment.

In view of the short timeline of the Committee to deliver on the assignment, the Committee hereby calls for Memoranda from members of the NBA, branches of the NBA and all stakeholders. All Memoranda must not be more than 6 pages, using 12 font size of either Arial or Times New Roman; and must be limited to the terms of reference specified above.

The Memoranda is to be addressed to the “Chairman, NBA Electoral Reform and Audit Committee” and submitted in soft copies by e-mail to: nbaelectoralreform@gmail.com on or before 6.00 pm on Monday, November 2, 2020.

Ayo Akintunde, SAN                                                     Nnenna N Uko (Mrs.)
NBA ERAC Chair                                                              NBA ERAC Secretary

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

 

ENCOMIUMS, AS YEMI AKANGBE EMERGES NBA LAGOS CHAIR

• ICT PARTNER TO GET N700K

There is palpable excitement among members of the Nigerian Bar Association (NBA), Lagos Branch as the first-ever branch elections via electronic voting climaxed with the election of leading corporate lawyer, Mr. Yemi Akangbe as the new branch Chairman. Akangbe, a partner at the law firm of Sofunde, Osakwe, Ogundipe & Belgore, polled 440 (56.8%) of the 774 votes to beat his closest rival, Mr. Adebola Lema who garnered 311 votes or 40.2%. Bolatumi Animashaun came a distant third with 23 votes or 3%.

In the traditional show of sportsmanship that the branch has become accustomed to, some candidates have been calling to congratulate their opponents who won. The branch elections have often been rancour-free over the years.

Meanwhile, there are strong indications that Vote-now.com, LLC, the Jacksonville, USA based ICT Partner for the elections may receive about $2300 or N703,000 for their efforts. Mr. Richard Akintunde SAN, Chairman of the Election Committee told CITY LAWYER in an interview that “The service provider will be paid at the conclusion of the election, depending on the total number of voters registered. Their fees are estimated at about $2300 but we will have a final figure at the conclusion of the election.”

It has also been encomiums galore for the Akintunde-led committee which once again delivered rancour-free polls. Akintunde had during an interview https://citylawyermag.com/2019/06/25/we-will-deliver-rancour-free-elections-nba-lagos-cte-chair-tells-city-lawyer/ with CITY LAWYER said: “I want to assure members of the NBA Lagos Branch, candidates, eligible voters and stakeholders that with their cooperation and support, the 2019 election by e-voting will be seamless. At the end of it all, we will all congratulate ourselves.” He has been involved in branch election management since 2009, three times as Secretary to the Election Committee. He is piloting the elections as Chairman for the second consecutive term.

Some members have taunted the national body, saying the NBA National Officers Elections should henceforth be conducted by the Akintunde-led committee. While Ngozi Onwuka said that “The voting process is so easy and stress free, unlike the national election,” Queeneth Hogan said: “I must say, the convenience of this process should be emulated by our National body. Very transparent process. Kudos to the Electoral Committee. Very well done.”

Another Bar Leader, Chukwuma Ezeala said: “May I use this opportunity to congratulate the Premier Bar for their commitment to excellence. I salute in particular our Chairman, Chukwuka Ikwuazom for visionary leadership, our Electoral Committee for their hard work. The contestants were great, our friend Lema and others with laudable projects who would not serve us now. To our Chairman Elect Yemi and other officers Elect congratulations and put on your seatbelts as you must surpass where our current Chairman has taken us to. The Premier Bar must lead and others follow. Finally I say bravo to our President, Paul Usoro SAN for his leadership at the National level and request him to recommend our system to other Branches to reduce the rancorous system in most Branches.”

Okey Ilofulunwa garnered 295 or 39.6 votes to become the Vice Chairman-elect, while Chuks Nwana polled 246 or 33.0 votes and Bode Omoboriowo brought the rear with 204 or 27.4% votes. Incumbent Publicity Secretary, Mr. Moshood Abiola polled 470 or 63.7% to clinch the coveted post of Secretary, beating Tochukwu Chukwumerije and Obinna Okereke who got 208 (28.2%) and 60 (8.1%) votes.

The post of Social Secretary went to Ngozi Egeonu with 406 or 54.7% votes while her opponent Adefowoke Ayo-Ponle polled 336 or 45.3% votes. Harry Ukaejiofor got 331 or 45.8% votes to beat his closest rival, Ben Ihesiulo who polled 245 or 33.9%. Dumgbara Torbari trailed the duo with 147 or 20.3% votes. Ifeoma Ben fought a hard battle to dust two of her rivals, polling 367 or 49.5%. Elo Adhekpukoli and Hammed Bakare got 260 or 35% and 115 or 15.5% votes respectively.

Other candidates whose nominations were not opposed were returned elected. These include Foluke Akinmoladun, Treasurer; Chinenye Oragwu, Financial Secretary; Anthonia Enitan Eke, Welfare Secretary; James Sonde, Publicity Secretary and Florence Chijioke-Duru, Provost.

Both Lema and Animashuan have congratulated Akangbe on his victory. Some other candidates have also congratulated their victorious opponents. In a whatsapp post barely an hour after close of polls, Lema wrote: “Good evening learned Seniors and Colleagues. Permit me to inform you that the result of the NBA, Lagos Branch 2019 Election has just been released by the Election Committee. The result showed Mr. Yemi Akangbe scored 440 votes as against Mr. Adebola Olarotimi LEMA who scored 311 votes. Mr. Yemi Akangbe has therefore been returned Chairman-elect of the Branch and l have called to congratulate him on his victory. I thank all members of our great Branch for your time, effort, energy, commitment and support. God bless NBA Lagos Branch. Adebola Olarotimi Lema.”

On her part, Animashaun wrote: “Congratulations to you, my brother, Yemi Akangbe! I wish you a successful tenure. Well done to our Electoral Committee for a job well done. Thank you all for your cooperation.”

A similar gesture was extended to Ilofulunwa when his opponent, Chuks Nwana wrote: “Well done to the electoral committee, it was a seamless process. To the winners Congratulations. Okey my brother special congratulations to you. It’s our Bar. Long live the Premier Branch.” On his part, defeated Assiatant Secretary candidate, Elo Adhekpukoli wrote: “I just called Ifeoma Ben to congratulate her.”

Members have commended the Election Committee for organizing a seamless and transparent exercise. Other members of the committee are HRM Chief E. A. Otokhina, Mrs. Sola Adegbonmire, Mr. Geff Eze and Mrs. Obosa Akpata, Secretary of the Committee.

At least one Bar Leader has commended the losing candidates for their show of sportsmanship. In a post seen by CITY LAWYER, former NBA presidential candidate and Chairman of the Council of Legal Education (CLE), Chief Emeka Ngige SAN gave Lema a pat on the back, saying: “Well done, Lema! A gallant fighter and true sportsman! It is well!”

On his part, senior lawyer, Chief Adewale Adeniji said: “Congratulations, Yemi. I am sure you will reach out to your co-contestants, if you’ve not done so already. I wish you well in your task of following a class Act that Chairman Chukwuka has been.”

Members have also commended the foresight of the Chukwuka Ikwuazom-led Executive Committee in initiating the electronic voting system in the branch. Fiery Bar commentator, Gerty Ben-Iloegbunam wrote: “I’m most grateful to God for the Spirit that entered and controlled Chukwuka Ikwuazom to appoint this Electoral Committee headed by the Learned Silk! His uncommon integrity has brought joy and acceptance of the outcome of this just concluded election. I’m most grateful to Almighty God. Thanks once more to the outgoing Exco, while I sincerely pray and hope that the New Exco will surpass in their duty. Congratulations all.”

Senior Partner at Olisa Agbakoba Legal (OAL), Victor Nwakasi added his voice to the encomiums when he said: “Chukwuka Ikwuazom! Character and strength are better proven. Thanks for being a great leader, truly proven by this process.”

Many branch members contend that Ikwuazom has raised the stakes in Bar governance, adding that the incoming regime has a tough task of taking the branch a notch higher.

Congratulating the winners on their victories, Ikwuazom wrote: “I congratulate Mr. Yemi Akangbe on his emergence as Chairman Elect of the great Premier Bar. I congratulate all the successful candidates in the election. To those who did not realize their ambitions in this election, I congratulate you as well for the good fight you all fought. To my dear brother Lema, I congratulate you for being such a good sport. You are a good man and an astute bar man. On behalf of the branch, I want to thank the Chairman and members of the Electoral Committee. I know the amount of work that you put in to give us a flawless election. God bless you all. We have demonstrated by this election that we are the Premier Bar and chart the course for other branches to follow. Long live the Premier Bar! Long live the NBA.”

Please send emails to citylawyermag@gmail.com. Copyright 2018 CITY LAWYER. All materials available on this website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

WE WILL DELIVER RANCOUR-FREE ELECTIONS, NBA LAGOS C’TE CHAIR TELLS CITY LAWYER

  • UNVEILS ICT PARTNER

In this no-holds barred interview, Chairman of NBA Lagos Branch Election Committee, Mr. Richard Akintunde SAN says the elections will be free, fair and credible.

Please briefly introduce yourself.

I am Richard Ayodele Akintunde, SAN, the Chairman of the NBA Lagos Branch 2019 Election Committee

How does it feel being asked to midwife yet another election for the Premier Bar?

I am honoured to be asked once again to Chair the Election Committee of the Premier Bar. I am particularly excited because this year branch elections will be conducted by E-voting. This is a historic event and my committee members and I are super excited to be part of this history making exercise.

How will you describe your team in the Electoral Committee?

I have an excellent team made up distinguished legal practitioners and members of the NBA Lagos Branch. The team consists of HRM Chief E.A. Otokhina, Mrs. Sola Adegbonmire, Mr. Geff Eze and Mrs. Obosa Akpata who is the Secretary of the Committee. We have an excellent working relationship and we are all committed to delivering a free, fair and credible electoral process.

There are concerns that the complaints procedure for members whose names were omitted in the voters’ register is not clear-cut. For instance, some argue that the notice was silent on members submitting Bar Practicing Fees and Branch Dues receipts and that this may discourage members from following through with the process. What is your view on this?

The complaints procedure is clear cut and straightforward and it requires Branch Members whose names were not included in the List of Eligible Voters published by the Committee to submit their complaints. To be Eligible to vote you must be a Financial Member of the Branch and must have paid your bar practicing fees and annual branch dues, as and when due, for the two (2) years preceding the election or since enrolment, if less than two (2) years post-call and you must have attended 5 monthly meetings in a 12 month period preceding the elections. The criteria for eligibility to vote is contained in the Uniform Bye Laws and it was widely published by the Election Committee.

Your name will not appear on the list of Eligible Voters if you have not met these criteria. As members of the branch we all know these requirements. It behooves you therefore in your complaint to show that you have met these criteria by providing useful information [such as receipts showing that you paid your practicing fees and branch dues as required and you attended the require number of meetings] to the Election Committee to enable the Committee include such member’s name in the Supplementary List.

When the Election Committee published the List of Eligible Voters, branch members whose names who had complaints were advised to submit their complaints by email. In the course of reviewing such complaints those whose names were not found on the list of Financial Members of the Branch supplied to us by the Branch Secretariat were requested by email to submit proof of payment of bar practicing fees and annual branch dues for 2018 and 2019 as required and we have been receiving their responses.

Also the names of members who sent in their complaints were checked in the Attendance books and the minutes of meetings from June 2018 to June 2019 to confirm if they attended the 5 monthly meetings required.

Members who meet the requirements have will be included in the Supplementary list of Eligible Voters to be published by the Election Committee.

The complaint process is designed to address any mistakes or omissions on the list of eligible after which a supplementary list will be published. Members who wish to participate in the election process should not be discouraged at all, the complaint process works and we have been using the complaints process for the last 5 elections to include eligible voters whose names were omitted on a Supplementary list.

The integrity of the voters’ register has also been questioned by the observation that some candidates already cleared by your committee had their names omitted from the list. How do you respond to this?

The name of one candidate [Obinna Okereke] was omitted and we have rectified the omission. The candidates whose name was misspelt has also been rectified. The omission of one person’s name is not enough to question the integrity of the list of eligible voters. The omission was an innocent one and his name will appear on the Supplementary list. The essence of publishing the list of eligible voters no later than 14 days before the elections is to afford branch members the opportunity to complain and for the Committee to take on board the complaints and make corrections if need be. We are working day and night to attend to all complaints received. I want to assure our members that the list of eligible voters and the supplementary one coming is credible.

Some have argued that the regularization of the voters’ register ought to have been done online, especially as some registered voters may be overseas during this period. Why did your committee opt for a manual complaints and regularization process?

The initial list of eligible voters was published in hard and soft copies. The list is available online at www.nbalagoselections.com.ng The Complaints process is not manual as complaints are to be sent to the Committee by e-mail to nbaelection2019@gmail.com . The complaint will be resolved by painstakingly going through the records provided to us by the Branch Secretariat manually to show that such member paid his practicing fees and branch dues as required and attended the 5 monthly meetings required. Once this is resolved the names of successful complainants will be published in hard and soft copies. The Supplementary list will soon be available online at www.nbalagoselections.com.ng

Resolution of the complaint can only be done manually by physically going through the Attendance Register of Meetings and the records of the branch for 2018 and 2019 of Financial Members. We are using technology in the best possible way and you don’t have to be in Nigeria to log on to the website or send an e-mail.

It has been said that there is no feedback mechanism for members to know whether their complaints have been resolved. How do you respond to this?

We are in touch with members who have sent in their complaints and trust me we are resolving their complaints. We will soon publish a supplementary list of Eligible Voters. We will also let members who sent in complaints know by email why their names are not on the Supplementary list.

Your committee has not provided any Help Desk or hotline for members to make enquiries on the electoral process? Is this deliberate?

We have an e-mail nbaelection2019@gmail.com which allows the members and the public to contact the Committee and we have been attending to various enquires from members and the public sent through this e-mail address. We will set up a Help Desk after the Final Batch of Eligible Voters is published and a hotline will be provided. Members are free contact the Election Committee via e-mail.

Some candidates say that your Committee has not been carrying them along, that the processes leading to the elections have been shrouded in secrecy. What is your view on this?

The Uniform Bye Laws sets out the duties of the Election Committee and we have been carrying out our duties as set out to the letter. We have a website where all the information relating to the election is published. We have printed posters, flexes and other online materials regarding the electoral process as required by the Uniform Bye Laws. I have addressed several monthly meetings to talk about the electoral process. The processes leading to the election is not shrouded in secrecy. We are constantly publishing online materials giving information about the election process. In the history of my involvement with the election process in the NBA Lagos Branch we have never published as much information as we have done in the 2019 elections. The Committee has constantly been posting online materials and flexes giving out information on the election process. The electoral process is open and transparent. We are having a parley with candidates, agents, stakeholders and the media on Tuesday, the 25th of June 2019 and we intend to continue to engage with them. Many candidates have been contacting the Committee on one thing or the other.

Do you plan to have a stakeholders’ meeting with the candidates before the elections?

We intend to have a stakeholders meeting with all the candidates, their agents, the branch exco and the media on Tuesday the 25th of June 2019 at the NBA Lagos Branch Conference Room at 12 noon.

Some have argued that enlightenment has been low on the electoral process, especially as the electronic voting model is being adopted for the first time by the branch. How do you respond to this?

We have constantly published online materials on various platforms to enlighten Branch Members of the Step by Step process for the E-Voting. At the last Branch Meeting, I addressed the June Branch Meeting and went through the step by step process for the e-voting. I also did a demonstration of the e-voting process. Members were given the opportunity to ask questions about the process and I provided answers. We intend to have a stakeholders meeting with all the candidates, their agents, the branch Exco and the media on Tuesday the 25th of June 2019 at the NBA Branch Conference Room at 12 noon to once again explain the e-voting process step by step and do a demonstration of the voting process. We will also do the same explanation at the Manifesto Day at the Foyer at 2.00 pm on the same day.

Why is your committee still keeping the ICT Partner for the elections under wraps even days to the election?

We are not keeping the Service Provider under wraps. At the June monthly meeting of the NBA Lagos Branch, I disclosed the name of the service partner in a demonstration to all members present. The Service Provider is: vote-now.com. They are a reputable ballot service provider, with extensive experience in providing secure ballot options to various professional organizations and associations all over the world since 2003. They have conducted 2,375 ballots by e-voting till date.

What is the level of access to be given to the candidates or their agents as to the backend of the e-voting platform?

Candidates will be allowed to nominate agents who will be granted some access to the Situation Room, where the ballot process will be monitored.

Are you confident about the integrity of the e-voting platform and its ability to withstand possible attacks from hackers among others?

The election servers are protected with encrypted connections and have valid SSL certificates. All web connections are made via https with 256 bit security. Vote-now.com is certified Grade A on security when tested with the SSL labs security test. We offer all members the highest assurances of rock-solid security of the voting process.

There are concerns that non-release of the June attendance list may lead to padding of the voters’ register. Are these valid concerns? Do you plan to release the list?

The attendance register for June has been provided by the Secretariat to the Committee to enable the Committee do its work and attend to complaints. The attendance register cannot be padded while in the custody of the election committee. It is the duty of the Branch Secretariat to release the attendance list of the June meeting not that of the Election Committee.

When are campaigns expected to cease, given that the deadline is not stated on the published Guidelines?

Candidates are expected to stop all forms of campaigns by 12 midnight on Thursday the 27th of June 2019.

Only 793 eligible voters were on the voters’ list published by your committee. How many voters are ultimately expected to participate in the elections?

We will able to determine the total number of voters that will participate in the elections after we have attended to all complaints and published the Supplementary List. Watch out the list is coming out soon.

Do you have any concerns regarding the elections?

The collation of data of Eligible Voters is very critical to E-voting. So far, the Election Committee has received about 200 e-mails from Eligible Voters updating their e-mail addresses and phone numbers. Eligible Voters are required to check their information on the NBA Lagos Branch Website nbalagos.org and update their information if necessary.

Accurate date is critical to the success of the 2019 elections by e-voting. We are working assiduously to harvest the required data required. I once again use this opportunity to appeal to all eligible voters to ensure that they check with the NBA branch secretariat that their emails and phone numbers are correct. Eligible voters can also supply their telephone and emails to the Committee at nbaelection2019@gmail.com

When are the results of the elections expected?

The results will be announced shortly after the conclusion of the e-voting exercise. Will there be a paper trail for the results of the elections? The service provider will make available a breakdown of the results after the election, showing a transparent and auditable process.

Is there any complaints procedure for candidates who may wish to contest the results?

There is no complaints procedure in the NBA uniform Bye-Law for Branches. Candidates have already signed on their nomination forms that they will abide by the result of the elections.

What are your last words for voters and other stakeholders?

I want to thank the candidates, the branch Exco and branch members for their cooperation thus far. I want to appeal to eligible voters to familiarize themselves with the step by step guide to e-voting which has been posted on several platforms and on www.nbalagoselections.com.ng

I want to assure members of the NBA Lagos Branch, candidates, eligible voters and stakeholders that with their cooperation and support, the 2019 election by e-voting will be seamless. At the end of it all, we will all congratulate ourselves. On behalf of the Election Committee, I thank you for this opportunity.

NBA LAGOS ELECTIONS: CONCERNS MOUNT ON E-VOTING SYSTEM

Some stakeholders have raised concerns over the Nigerian Bar Association (NBA), Lagos Branch Elections scheduled to hold on Friday.

The stakeholders told CITY LAWYER that while the integrity of the Electoral Committee is not in doubt, some of the processes leading to the high-stakes elections leave a sour taste in their mouth.

This comes against the backdrop of postponement of the highly anticipated “Manifesto Day” earlier scheduled for tomorrow to Tuesday at 1:45 pm. The postponement is not unconnected with the investiture of former Chief Judge of Lagos State, Hon. Justice Opeyemi Oke as a Fellow of the Institute of Criminology and Penology at the High Court Foyer earlier slated for the Manifesto Day.

According to some of the candidates, enlightenment on the electronic voting system is poor, moreso as the branch is deploying the e-voting system for the first time.

They also poked holes in the complaints processes for the cleaning up of the voters’ register. According to them, many eligible voters may be disenfranchised as the initial notice on omitted names did not request members to send in their Bar Practicing Fee and Branch Dues receipts.

A notice cited by CITY LAWYER as published on the election website stated that “ANY COMPLAINT REGARDING THE FINAL LIST OF ELIGIBLE VOTERS FOR THE 2019 ELECTIONS SCHEDULED TO HOLD ON FRIDAY THE 28TH OF JUNE 2019 SHOULD BE SENT BY EMAIL TO nbaelection2019@gmail.com ON OR BEFORE WEDNESDAY THE 19TH OF JUNE 2019. ELIGIBLE VOTERS SHOULD PLEASE VISIT THE NBA LAGOS BRANCH SECRETARIAT TO VERIFY THAT THEIR EMAIL ADDRESSES AND PHONE NUMBERS ARE ACCURATE.”

“Several members reached out to us on this, saying it was only after they sent in their complaints that they were directed to attach these documents,” a candidate told CITY LAWYER at the weekend. “Some potential voters are even giving up after several attempts to send in their complaints.” It was also noted that there was no feedback from the Electoral Committee to members on whether their complaints are being resolved or not.

The stakeholders also say that barely a few days to the elections, they are in the dark as to the framework being put in place by the Electoral Committee for the elections. “We are worried that the disclosure levels are rather low,” said the candidate. “We are not being carried along. There is no information on the processes. We do not know who the ICT Partner will be. The integrity of the Electoral Committee is not the issue. How do you monitor an electoral process you know nothing about?”

Another stakeholder told CITY LAWYER that the integrity of the voters’ register must not be put in doubt. His words: “It is crucial that we have in place a credible voters’ register. This is non-negotiable. There is also no official Help Desk or hotline published by the Electoral Committee for potential voters to follow-up on their complaints.

“There is no reason why the attendance list for the June Branch Meeting should not be in the public domain by now; transparency demands that. We must eschew padding of the voters’ register.

“Till date, there is also no notice on when electioneering campaigns should cease. This is important so that everyone is on the same page on the electoral guidelines. This is the first time that e-voting is being used. This entails that we must be extra careful.

“Why is the database not published on the election website or online so that members can update their details there? I know some members who are overseas as we speak. Will they not be disenfranchised by this manual approach to the complaints? Why do we then call it electronic voting if members cannot update their data online and vote from any part of the world?”

One of the candidates told CITY LAWYER that it is imperative that the Electoral Committee convenes a stakeholders’ meeting to be attended by the media to unveil its framework for the elections. “We need to have a forum to ventilate our concerns to the Electoral Committee. So far, that has not happened. That needs to happen. What will be the level of involvement of our agents in the entire electoral process? We need to be in the server room as the votes are dropping; that is an irreducible minimum. We do not want a situation where the backend is opened to rig the process.”

It is estimated that Lagos Branch has about 14,000 nominal members. However, only 793 voters are on the voters’ register published by the Electoral Committee. More names may make the list following ongoing resolution of complaints by the Electoral Committee. Members of the longstanding committee are Mr. Richard Akintunde SAN, Chairman; Chief E. A. Otokhina; Mr. Geff Eze; Mrs. Obosa Akpata and Mrs. Olusola Adegbonmire.

When CITY LAWYER contacted Akintunde on the concerns, he assured that he would respond to all the issues raised by the stakeholders.

Please send emails to citylawyermag@gmail.com.

Copyright 2018 CITY LAWYER. All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.