EDITORIAL: NBA ELECTIONS 2020 – WHY WE MUST GET IT RIGHT

In a matter of hours, the Nigerian Bar Association (NBA) 2020 National Elections will get underway. Unsurprisingly, the election has attracted frenzied interest from key stakeholders. The campaigns have been electrifying.

The run-up to the election has been thorny, occasionally uncertain. The compilation of the voters’ list was a near nightmare. Even on the eve of the election, the Electoral Committee of the NBA (ECNBA) is battling to deliver a clean copy of the voters’ list. Although the Electoral Committee, mindful of the provisions of the NBA Constitution (as amended), had hurriedly published a voters’ list, it soon walked into expected controversies, given the surfeit of duplications and a few strange names on the list.

The Electoral Committee has reported a record 29,635 verified voters in excess of the 39, 321 eligible voters. Given that the 2018 NBA Election posted only 16,825 or less than 50 per cent verified voters out of the 32,228 eligible voters, this is highly commendable. In fact, there are strong indications that this number would have been higher if the verification process was more seamless. What is more, CITY LAWYER reliably gathered that the Electoral Committee members went beyond the call of duty in compilation of the voters’ list. We owe the Electoral Committee members a debt of gratitude for their sacrifice.

Equally refreshing is that the Tawo Eja Tawo SAN-led committee has been especially conscious of meeting the electoral timelines set by the NBA Constitution (as amended), notwithstanding significant challenges posed especially by the coronavirus pandemic.

Accordingly, delivering a clean voters’ list is one solemn duty and commitment the Electoral Committee must not shirk. It is the foundation on which every election rises or falls.

Another issue that has gained currency among key stakeholders is the integrity of the voting portal for the election. While the NBA leadership had incorporated an election portal in the revamped NBA website and offered same to the committee as an option for the election, some key stakeholders have poked holes on the integrity of the NBA Election portal. This has not been helped by the alleged opacity that attended the building of the voting portal.

Some stakeholders have contended that the committee’s reluctance to disclose key elements of the electoral process – including its Information Technology Consultant, the voting portal and its vendor – detracts from the high level of transparency that ought to attend the entire electoral process. On its part, the electoral committee contends that its warehousing of information on the critical election elements is a deliberate strategy to safeguard the integrity of the process. It has also stated that it is speculative that the committee would deploy the NBA Election portal for the poll.

However, aside from the alleged porous nature of the ‘voting portal,’ what is perhaps more worrisome is the speculated tampering with the NBA portal by unknown persons. In a petition to the electoral committee, one of the presidential candidates had alleged that “the NBA portal on which the verification exercise is being conducted appears not to be secure and can be easily manipulated.”

Even more damning is the allegation vide a technical report by the candidate’s ICT experts that Cross-Site Request Forgery (CSRF), an attack that tricks the victim into loading a page that contains a malicious request, “was exploited few weeks ago on the NBA portal where many users made complaints of their password being changed without their taking such actions personally.” Given several complaints by eligible voters on the subject, we urge the electoral committee to thoroughly investigate this charge in order to ensure that it does not imperil the election. This is moreso as the ECNBA has not rebutted the allegation till date.

It is noteworthy that more recent NBA Elections have been strewn with controversies and allegations of rigging. Both have ended up in court, while the 2018 Election led to the filing of a petition at the Economic and Financial Crimes Commission (EFCC). It behoves on the electoral committee to do all within its power to obviate a recurrence and save the noble profession the odium that invariably attends a contentious poll.

There is also the pressing need to activate a functional internal dispute resolution mechanism. As stated in our inaugural editorial, although Section 16 of the NBA Constitution provides that “No aggrieved member shall resort to the court unless his/her complaint must have been considered and disposed of by the Dispute Resolution Committee; provided that such complaint of member shall be decided by the Committee within sixty (60) days of receipt of the complaint,” this has been observed more in breach. Given that the Trustees are the soul of unions such as the NBA, the association’s Trustees are expected to play a crucial role in mediating any dispute that may arise from the elections. However, given that perhaps most of the Trustees have inexplicably thrown their hats into the ring, it remains to be seen whether potential combatants will still repose requisite confidence in them to do justice.

On the other hand, the candidates must not see the election as a do-or-die combat. The spirit of sportsmanship must pervade the entire space. This is increasingly possible where the electoral process is seen to be free, fair, transparent and credible. Winners must also be magnanimous in victory. This will engender the much needed rapprochement at the Bar.

It has been said that electronic voting is no longer rocket science. Not only has many associations in Nigeria deployed it repeatedly for rancour-free elections, technological advancements have made it sufficiently safe, with many reputable and world class e-voting companies pervading the space. Accordingly, everything turns on the political will to deliver a free, fair and credible poll. That will undoubtedly be the best legacy of the Usoro Administration.

SPECIAL REPORT: TAWO TAWO SAN – THE MAN WHO’LL MAKE OR MAR NBA

Mr. Tawo Eja Tawo SAN is obviously one of the most important stakeholders in Nigerian Bar circles today. In fact, it is believed that the fate of Africa’s largest Bar association may depend on what he does or fails to do in the coming weeks leading up to the 2020 National Officers Elections of the Nigerian Bar Association (NBA). Continue Reading