‘NO HERO HAS EVER EMERGED FROM TREACHERY,’ ADESINA WARNS

BY EMEKA NWADIOKE

Erstwhile Nigerian Bar Association (NBA) presidential candidate, Mr. Dele Adesina has said that it was the association and not him or his supporters that lost the recently concluded election.

In a statement dripping with passion, Adesina also warned that NBA may have “lost the last opportunity to re-invent itself,” adding that “time will tell.”

He described the poll as “electronic fraud,” saying: “However, please remember that for those who masterminded, planned and executed the NBA election electronic fraud, no hero has ever emerged out of treachery no matter how noble he thinks his cause is.”

The full text of his speech is below:

THANK YOU ALL FROM DELE ADESINA, SAN, FCIArb.

To all my dear Supporters and Colleagues, particularly my Friends and Co-workers on various social media platforms, DASAN Committees, NBA Forums and Platforms, l once again wish to express my heartfelt gratitude and profound appreciation to each and everyone of you for the wonderful role you played in our attempt to re-create our Association by making it a positive catalyst for the Legal Profession and our Nation. We thought they would respect the very wide acceptability level we enjoyed through-out the Nation and different blocks and allow a fair, free and transparent election. Unfortunately, we never knew that the degree of audacity will be this brazen. We were going there to change the ways and show the path to follow, to demonstrate the meaning of true leadership in purity, honesty of purpose and integrity. Regrettably, those who hold the NBA in suffocating throat know the reason for doing what they did.

One clear thing from these past weeks is that we have built a strong bond of friendship and brotherhood thereby creating connections across the Nation. To all our partners, I urge you all to continue in this spirit of fellowship and keep our connections active as we are all together in this journey of life and career fulfilment in the true spirit of being “our brother’s keeper”. Please, do not exit the Forums and Platforms as it is my desire that we stay together, look after each other’s welfare and mutual progress. The NBA Presidency for me was not an end in itself but really a means to an end. The difference only is that the focus may now be shifted from that of institution to the individuals and that is you.

My believe and that of many, both within and outside of the Bar is that the election of yesterday July 30, 2020 was lost by the Nigerian Bar Association not me or you who worked tirelessly for the repositioning of our Association, the restoration of its honour, glory, integrity and the security of the future of our beloved Profession. Whether or not NBA has not lost the last opportunity to re-invent itself, time will tell. However, please remember that for those who masterminded, planned and executed the NBA election electronic fraud, no hero has ever emerged out of treachery no matter how noble he thinks his cause is.

Once again, I thank you all for your support. God bless you and bless the works of your hands.

Dele Adesina, SAN, FCIArb.

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AKPATA PROMISES ELECTORAL REFORMS, HAILS ADESINA, AJIBADE

BY EMEKA NWADIOKE

Nigerian Bar Association President-elect, Mr. Olumide Akpata has promised to embark on electoral reforms to smoothen the lapses in the association’s electoral system.

In a letter to lawyers titled “Let us secure the future through a united bar that works for all,” the incoming NBA President traced his entry into the presidential race, adding that “On the strength of the foregoing pledge, I asked you to give me your mandate and join me in bringing about an Association that works for the majority of its members.”

Noting that the electorate “answered that call in an overwhelming and unequivocal manner” when, at the end of a “long and intriguing process” he emerged victorious,” Akpata stated that he was writing “to say thank you from the bottom of my heart.”

He noted that he did not take for granted “the hardwork, passion and commitment that you all invested into the process that has now culminated in my emergence as President-elect,” and assured NBA members that he would deploy “what I consider my greatest personal attribute: discipline of execution, in carrying out the undertakings that I had given to the members.”

Saying that he “was certain that the election was really not about me,” the leading solicitor stated that he “was driven by the passion to use my time, talent and resources to improve our Association by making it fit-for-purpose, beneficial to all members and responsive to the needs of the society.”

He observed that “Throughout the electioneering process, I saw many Nigerian lawyers who had either lost faith, or never been interested, in the NBA participate with utmost enthusiasm in the hope that things would become better. This further goes to show that the extraordinary movement that heralded this electoral victory was not, and could never have been about me.”

Dedicating his victory to several segments of the profession, Akpata said: “The victory of last night is for our young lawyers who have become disillusioned with the way the NBA has been run over the years and how the profession appears to be disconnected from the challenges that face them and their future. It is for the progressive senior lawyer who refused to accept the status quo and took firm steps to ensure that things are done better. It is for the corporate counsel, law officers, law teachers, the police and military lawyers, and lawyers in all components of the profession who for long have been treated as unequal members of an Association that ought to be the umbrella body for all legal practitioners.

“The victory of last night is for the lawyer with disability who has long suffered neglect and indignity by the profession. Above all, our victory is for non-lawyers and the general populace who took an unusual, but a special, interest in the conduct of our elections, thus lending credence to my long- held belief that the Nigerian society has always yearned for a legal profession and indeed a Bar that stands tall as an unwavering bastion of the rule of law, an advocate for the sanctity and independence of the judiciary, and a bulwark against tyranny and oppression.”

He accepted the mandate, saying: “It is therefore with immense respect for you, a deep understanding of the value of your mandate, a demonstrable appreciation of the factors that have bedevilled our noble Association and with humility to the will of God, that I wholeheartedly accept this mandate from you. The outpouring of support is only indicative of the amount of work that needs to be done. The greatest appreciation that I can show to all of you is to keep to the various promises that I made, and this, I assure you that I would do.”

On electoral reform, the NBA President-elect said that he was “not unaware of the complaints by at least one of the Presidential candidates about the administrative issues surrounding the elections,” adding that “As members of the legal profession, our electoral process ought to be and remain a standard for others to follow. I said this much in my second letter dated 29th July 2020 to the Chairman of the Electoral Committee of the NBA.”

Declaring his commitment to address the controversies that have bedeviled the association’s elections, Akpata said: “ I strongly believe that there is plenty room for improvement in our electoral process, and I commit to making this possible.”

He stated that while the expectations are high, “together we have a duty to devise measures to tackle the problems of our noble Association. We need to hit the ground running.”

Turning to his fellow contestants, Akpata said: “I also particularly appreciate my friends and learned seniors, Deacon Dele Adesina SAN, and Dr. Babatunde Ajibade SAN, against whom I had the privilege of contesting for the office of President of the NBA. One thing that remained unshaken throughout the election process was my utmost respect for these distinguished and respectable gentlemen. May I humbly assure them that my respect remains intact. The election is over but the work ahead of us is immense. We must now unite in order to achieve our common goal of revitalising the Bar and ensuring that our voice is firm and unshaken when we speak. I obviously cannot do this alone and will be counting on their support and counsel as we work towards Securing The Future through a United Bar that Works for All.”

He reassured lawyers that “I shall do my best to deliver on your mandate. May God bless you all and the Nigerian Bar Association.”

AKPATA_LETTER

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NBA ELECTION: ADESINA’S CAMP SPLITS, AS OJUKWU BACKS AKPATA

BY EMEKA NWADIOKE

A major split may have occurred in the camp of erstwhile Nigerian Bar Association (NBA) presidential candidate, Mr. Dele Adesina SAN as one of his staunchest backers has urged stakeholders to support NBA President-elect, Mr. Olumide Akpata.

Though former NBA presidential candidate, Prof. Ernest Ojukwu SAN had profusely endorsed Adesina in the run-up to the election, he however told CITY LAWYER today that “we should focus our energy on how to support the new officers.”

Adesina is reputed to have been a major anchor for Ojukwu’s campaign especially in the Lagos area when he sought the much coveted NBA Presidency in the 2018 NBA Elections.

In a statement to CITY LAWYER, the former Nigerian Law School Deputy Director – fondly referred to as “Teacher” – while decrying the lapses that bedeviled the poll, however congratulated Akpata on his victory.

His words: “I congratulate Mr. Akpata and the rest of the members that won at the NBA 2020 election. It is a shame that the process was yet again flawed but now we should focus our energy on how to support the new officers to regenerate the Association to be able to deliver on her objectives that have been lying dormant in our Constitution for sometime now. We should all support them.”

CITY LAWYER recalls that Ojukwu had in an elaborate statement endorsed Adesina as his preferred presidential candidate, saying: “Dele Adesina is the best for Bar Presidency at this time of our history and the future of our profession.

“He not only packs a punch on progressive ideas and execution but has the most experience at leadership and change for the Bar and the legal profession. After NBA was resuscitated following the Port Harcourt imbroglio, it was under the regime of Chief Wole Olanipekun SAN 2002 – 2004 when Dele Adesina was the General Secretary that the Bar witnessed so many firsts in her development. Dele Adesina was in the Centre of them all and highly active in all those activities. I recall some of them like-

● The first (and I think the only so far) minimum wage guideline for legal practitioners that targeted young lawyers. Subsequent administrations abandoned the minimum wage guidelines. Young lawyers are still totally being marginalized, poorly paid and treated by the profession up till date.

● First NBA conference to be conducted in break-out sessions and simultaneous sessions. Before then annual conferences were organized in one hall like ‘dugbe’ market. The General Secretary was the administrator of annual conferences.

● First to resuscitate and relaunch the Nigerian Bar Journal. Seven editions were published in that tenure alone.

● First comprehensive review of the Legal Practitioners Act (2004).

● First enactment of the Stamp and Seal Regulation. The Regulation which was suggested by a committee was first captured in the draft Legal Practitioners Act of 2004, but later enacted in the RPC of 2007; and

● Of course, a first comprehensive reform of the administration of the NBA Secretariat.

“I personally know Dele and vouch for his integrity. The Bar needs a progressive President, a dedicated leader, a non-dictator, a democrat, a result-oriented leader, and a compassionate and strongly experienced Bar leader.

“Dele Adesina is the man. He will bring total turn around for the Bar and the Legal profession.

“I endorse Dele for NBA President without any hesitation whatsoever.”

It is recalled that Adesina had demanded cancellation of the poll due to alleged irregularities, calling it a “sham election.” It was unclear how the split will affect Adesina’s quest to upturn the poll, as call to his campaign directorate was not returned at press time.

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AKPATA WINS: AJIBADE, ALEGEH, YLF, EBF, MID-WEST FORUM HAIL HIM

BY EMEKA NWADIOKE

At exactly 12:53 am early today, the Chairman of the Electoral Committee of the Nigerian Bar Association (ECNBA), Mr. Tawo Eja Tawo SAN declared Tier-One solicitor, Mr. Olumide Akpata as winner of the NBA presidential election held last Wednesday and Thursday. Akpata is billed to be sworn in late August as the 30^th NBA President.

The announcement of the official results, monitored by CITY LAWYER, was broadcast live on many social media handles and witnessed by ECNBA members, a broadcast station and some agents of the candidates in the election.

Though a total of 29,636 lawyers were accredited for the election, only 18,256 or 62 per cent of the voters succeeded in casting their ballots.

According to the ECNBA Chairman, Akpata polled 9,891 or 54.3 per cent votes to beat his closest rival, Dr. Babatunde Ajibade SAN who garnered 4,328 (23.8 per cent) votes. Mr. Dele Adesina SAN polled 3,982 votes (21.9 per cent) to bring up the rear. Adesina had a few hours to the end of the election demanded cancellation of the poll, saying it was fraught with irregularities. The election was held via electionbuddy, an electronic voting software deployed by Edmonton, Canada based firm.

Other winners are John Martin who polled 6,010 votes to clinch the post of NBA First Vice President; Adeyemo Kazeem (Second Vice President with 8,794 votes); Joyce Oduah (General Secretary with 8,979 votes); Olukunle Edun (Welfare Secretary with 9001 votes); Rapulu Nduka (Publicity Secretary with 11,964 votes); Uchenna Nwadialo (Assistant Secretary with 7,314 votes) and Naza Afam (Assistant Publicity Secretary with 6,490 votes). Mercy Ijato Agada (Treasurer) and Raphael Anagor (Financial Secretary) polled 16, 487 votes and 15,824 votes as unopposed candidates.

Though Ajibade poked holes in the electoral process, he said in a statement that he had “called Mr. Olumide Akpata and congratulated him on his election as the 30th President of our great association, the Nigerian Bar Association, in the elections held on 29th – 30th July 2020.”

Commending the “level of the debate and the quality of the ideas that were brought forth,” Ajibade however expressed dissatisfaction with the electoral process, saying: “It is unfortunate that the process leading up to and during the election itself have, once again, not been devoid of controversy. It is my fervent hope that we will get over these repeated challenges with conducting objectively free and fair elections into the leadership positions in the association.”

Saying that “we cannot succeed in addressing the challenges confronting our profession unless we unite,” Ajibade added: “I urge the incoming President and his executive to take deliberate and proactive steps to unite the Bar.”

Meanwhile, several Bar Leaders and forums have also congratulated Akpata on his victory.

Influential former NBA President, Mr. Augustine Alegeh SAN, who is believed to be a staunch supporter of Akpata, said: “I most heartily congratulate Olumide Akpata Esq. on his election as the 30th President of the NBA. I also felicitate with the other elected National Officers on their victory at the polls and urge Members of our Association to support the newly elected National Officers as they take steps to deliver on their mandate to lead the Bar for the next 2 years.”

He commended Adesina and Ajibade “for their maturity and candor,” and urged them to “work with the incoming President in his efforts to make Our Association better. This is a time for unity in the best interest of the Association.”

Saying the election would not have been possible due to the coronavirus pandemic save for the introduction of electronic voting, Alegeh stated that “elections are never perfect.” He urged the incoming administration to “improve on the gains recorded in the electronic voting system that guarantees universal suffrage under our Constitution.”

Commending the Usoro Administration “for the successful conduct of the elections and the efforts so far in moving the Bar forward on several fronts,” the erstwhile NBA President whose regime introduced universal suffrage and electronic voting said: “I know that the Incoming-President will be magnanimous in victory and will run an all-inclusive administration geared towards improving the NBA to handle its core mandate of promoting the rule of law, human rights as well as the welfare of its Members.”

The NBA Young Lawyers Forum (NBA-YLF) also congratulated Akpata and other elected National Officers on their victory. In a statement by the Chairman and Secretary of its Governing Council, Tobi Adebowale and Patricia Udeh, it said “The YLF remains unequivocally willing and available to engage with all relevant stakeholders for the benefit of Young Lawyers and all other members of the NBA.”

In a statement by the factional Chairman of Mid-West Bar Forum, Chief Chike Onyemenam SAN, the body congratulated Akpata, Aikpokpo-Martins and Edun on their “resounding and landslide victory,” adding that “by your victory at the polls which was democratic, transparent and clearly demonstrated your acceptance by the entire members of the Nigerian Bar Association devoid of tribal or sectional considerations, you have done the members of the 14 N.B.A. branches of the Mid-West Bar Forum proud and demonstrated to all that in spite of the shortcomings of the political class in our great nation’s efforts at democracy, Nigerian lawyers are still capable of conducting their own affairs in a democratic manner.”

On its part, the Eastern Bar Forum (EBF) in a statement by the Chairman, Mr. S. Long Williams, congratulated Akpata and other elected officers. It noted some lapses that bedeviled the poll, but described the election as “free, fair and credible.”

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NBA ELECTION CRISIS: AUDIT TO THE RESCUE?

BY EMEKA NWADIOKE

As the Nigerian Bar Association (NBA) 2020 Election inches to a close, the much anticipated inaugural audit of the election may be the elixir needed to calm frayed nerves and pull the poll away from the usual rancour that has bedeviled previous exercises.

Signs that the election may walk the troubled part of past polls emerged today when one of the presidential candidates, Mr. Dele Adesina SAN wrote to the Electoral Committee of the NBA (ECNBA) demanding cancellation of the election.

In a petition to the electoral committee, Adesina alleged that the election is fraught with irregularities, saying that the voters’ list “contained grave errors of omission and commission.” He listed some of the errors to include:

Names of purported lawyers without branches ascribed to them from Serial Number 25171 to 29635;
Names of Lawyers under the subheading “International Diaspora” from Serial Number 12182 to 12268. A clear violation of the provisions of the Constitution of the NBA;
Inflation of the List of some Branches. For instance, Obollo-Afor Branch on the Final List for Verification had only 39 names on the List from Serial Number 30424 to 30462. Strangely, this increased to 662 on the Verified List;
Deletion of Names of Members removed from the Final List;
Many Members names found their way to Branches other than their own Branch.

Adesina stated that though he took up the matter with NBA President, Mr. Paul Usoro SAN as well as with a member of the Electoral Committee, “Some explanations were made though unsatisfactory by which time voting had actually started.” He stated that the Electoral Committee “admitted this error” in their Statement No. 019 when they stated that “the situation is regretted but arose because members in the course of Verification did not fully update information on their current Branches and/or sex.” He however noted that “nothing was done to rectify the situation.”

The presidential candidate also alleged that the voters’ register was padded with over 180 voters, saying: “The Addition of Votes Recorded plus Notices yet undelivered amounted to 29,820 which is 185 votes over and above the total number of voters on the Voters Register.”

He also alleged that “the System used for this Election was said to have been registered the very day the Election was to start and MoU was signed on that same day. This was done all alone by the President of the NBA.” He added that “There was no opportunity to interrogate the System before the commencement of the Election in order to determine its vulnerability, security and capacity.”

Adesina has practically rejected the outcome of the election, calling it a “sham.” His words: “I call on you Mr. Chairman and Members of the Electoral Committee of the Nigerian Bar Association to cancel this sham Election. It is needless to say that if the process is bad, the product cannot be good.”

A similar statement by the Dele Adesina Support Group is fundamentally on all fours with Adesina’s petition. Its list of alleged infractions includes the following:

Failure to release the final voters list within constitutionally prescribed period.
Over 4000 names were without Branches as required by the NBA Constitution.
86 lawyers were described as belonging to International Diaspora contrary to the provision of the NBA Constitution.
Padding of Voters’ list of some Branches, and reduction in the number of published voters’ list of others. An example is Obollo-Afor Branch which has over 661 names on the voters list when the actual voters list is less than 60.
Several branches had names of hitherto eligible voters removed from the final list.
Several members had their names listed in Branches other than theirs.
Many members have reported that they received notification of confirmation of voting when they neither received voting links nor voted.

At least one candidate for the post of General Secretary also complained bitterly to CITY LAWYER on what is generally perceived as a highly jaundiced voters’ list.

There is no gainsaying that the verified voters’ list as released by the electoral committee was seemingly an anti-climax, as it failed to build on the more robust “final list” released by the ECNBA. Apparently, the “clean up” of the final voters’ list was largely unsuccessful. It also does not seem that the electoral committee’s explanation on the issue fully exonerates it from blame. For example, how does it explain the increase in the number of voters for Obollo Afor by about 600 among sundry gaps.

Also, it is yet to be determined the number of eager and eligible voters who were disenfranchised by non-receipt of voting links either via email or short messaging service. While some of the affected voters contacted CITY LAWYER on the subject, subsequent feedback was not quite satisfactory.

There is no gainsaying that the electoral committee got it right with its appointment of ELECTIONBUDDY, a world class voting management software for the election. The Help Desk was also generally functional.

However, it is instructive that the voters’ list is not only central to any election, but is especially critical for electronic voting given the garbage in-garbage out concept.

It is refreshing that the ECNBA has promised an audit of the election. Hopefully, a comprehensive audit will answer all the posers raised by the stakeholders and pull the association back from another tumultuous era.

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ADESINA ASKS ECNBA TO CANCEL ONGOING NBA ELECTION

BY EMEKA NWADIOKE

Nigerian Bar Association (NBA) presidential candidate, Mr. Dele Adesina SAN has asked the Electoral Committee of the NBA (ECNBA) to cancel the ongoing National Officers Election, saying it is fraught with irregularities.

In a letter to ECNBA Chairman, Mr. Tawo Tawo SAN dated 30th July, 2020 and personally signed by him, Adesina stated that the voters’ list “contained grave errors of omission and commission,” listing some of the errors as:

1. Names of purported Lawyers without Branches ascribed to them from Serial Number 25171 to 29635;
2. Names of Lawyers under the subheading “International Diaspora” from Serial Number 12182 to 12268. A clear violation of the provisions of the Constitution of the NBA;

3. Inflation of the List of some Branches. For instance, Obollo-Afor Branch on the Final List for Verification had only 39 names on the List from Serial Number 30424 to 30462. Strangely, this increased to 662 on the Verified List;
4. Deletion of Names of Members removed from the Final List;
5. Many Members names found their way to Branches other than their own Branch.

According to Adesina, “I took this matter up in a telephone discussion with the other two Presidential Candidates, Dr. Babatunde Ajibade SAN and Olumide Akpata Esq. and a preferred suggestion was made that the matter be taken up informally with the Committee Members in the interest of the integrity of the Association. In furtherance of this, I raised the above issues with the President of the NBA and a member of the Electoral Committee. Some explanations were made though unsatisfactory by which time voting had actually started. The Electoral Committee admitted this error in their Statement No. 019 when they said among other things that “the situation is regretted but arose because members in the course of Verification did not fully update information on their current Branches and/ or sex.” Yet, nothing was done to rectify the situation.”

He also alleged that the voters’ register was padded with over 180 voters, saying: “The Addition of Votes Recorded plus Notices yet undelivered amounted to 29,820 which is 185 votes over and above the total number of voters on the Voters Register.”

Delivering his verdict, Adesina said: “I call on you Mr. Chairman and Members of the Electoral Committee of the Nigerian Bar Association to cancel this sham Election. It is needless to say that if the process is bad, the product cannot be good.”

In a similar statement sent to CITY LAWYER and signed by Mr. Adesina Adegbite, National Coordinator of Dele Adesina Support Group, the group listed several infractions which it alleged marred the poll, saying: “From the foregoing, there is no doubt that the ongoing NBA Election lacks all features of credibility and transparency. We are therefore by this notice demanding immediate suspension of the ongoing election process to a later date when a clean list must have been prepared and published. The ongoing process is discredited and does not represent the dignity of our most honourable profession.”

Titled “RE: THE NIGERIAN BAR ASSOCIATION 2020 NATIONAL OFFICERS ELECTION: PETITION AGAINST THE MANAGEMENT OF THE ELECTORAL PROCESS,” the statement also listed some of the alleged infractions to include:

1. Failure to release the final voters list within constitutionally prescribed period.
2. Over 4000 names were without Branches as required by the NBA Constitution.

3. 86 lawyers were described as belonging to International Diaspora contrary to the provision of the NBA Constitution.
4. Padding of Voters’ list of some Branches, and reduction in the number of published voters’ list of others. An example is Obollo-Afor Branch which
has over 661 names on the voters list when the actual voters list is less than 60.
5. Several branches had names of hitherto eligible voters removed from the final list.
6. Several members had their names listed in Branches other than theirs.
7. Many members have reported that they received notification of confirmation of voting when they neither received voting links nor voted.

DASAN PETITION

ADESINA STATEMENT

ECNBA SAYS 13,000 VOTERS HAVE CAST BALLOTS

The Electoral Committee of the Nigerian Bar Association (ECNBA) has stated that over 13,000 lawyers have voted in the ongoing NBA National Officers Election, even as the electoral umpire is worried that many eligible voters may not receive their voting links due to telecommunication challenges.

Below is the full text of the ECNBA statement:

The ECNBA can confirm that over 13,000 individuals have voted in the ongoing NBA National Officers elections so far.

The ECNBA however clarifies that, Notices observed on the live voting platform as undeliverable can be attributable to any of the following 5 reasons:

Voter has an inactive Phone Number
Voter has invalid Phone Number (does not exist or is too short or too long)
Voter has invalid Email Address (Wrongly spelt and does not exist OR their Domain has expired)
Spam Filter on Voter’s email blocking direct delivery of emails. Voter can check Spam folder.
DND is active on Voter’s phone and the message has been blocked by Telecommunication company.

To deactivate DND take the following action:

9mobile (Etisalat) numbers, Text START to 2442.
MTN numbers, Text ALLOW to 2442.
Glo numbers, Text CANCEL to 2442.
Airtel numbers, Text ALLOW to 2442.

Note also that the election server makes 5 attempts to deliver to each phone number/email and all those failed attempts are reflected as undeliverable. A subsequent attempt could still be successful if the challenge is resolved.

The ECNBA can confirm at the last check that at least 1,886 individuals of the Undeliverable Notices displayed on the live monitoring platform have since voted, because they got the message through one of the two channels used – Email or SMS. The committee also confirms that messages have been sent using local networks to up to 8,000 numbers with active DND advising them to deactivate same.

Voters yet to view the election link through their email or SMS, are advised to ensure that DND is deactivated on their phones and check Spam folder in their emails.

The ECNBA continues to monitor and troubleshoot and will provide updates as necessary and required.

The ECNBA election hotline 070055552020 is still available for support to voters.

Dated this 30th day of July, 2020

Cordelia U. Eke(Mrs.)

Secretary, ECNBA

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EXCLUSIVE: US VENDOR TO CONDUCT NBA ELECTIONS, AS COMPLAINTS MAR VOTERS’ LIST

BY EMEKA NWADIOKE

OJUKWU CALLS NEW VOTERS’ LIST A ‘FRAUD’
‘INTERNATIONAL DIASPORA’ LISTED AS NBA BRANCH
OBOLLO AFOR JUMPS FROM 39 TO 662 MEMBERS
ECNBA ASSURES VOTERS AGAIN

A United States based electronic voting company will conduct the Nigerian Bar Association (NBA) Elections, CITY LAWYER can authoritatively report.

This puts to rest all speculations regarding whether the Electoral Committee of the NBA (ECNBA) will deploy the controversial NBA Election Portal for the election. The NBA portal is alleged to be fraught with many gaps that can be exploited to rig the election.

CITY LAWYER gathered that though there were pressures on the electoral committee to deploy the NBA Portal, the members opted for a vendor with proven track record in e-voting, emphasizing that their reputations were at stake.

Meanwhile, it is not yet uhuru for the final list of verified voters released today by the electoral committee, as cases of missing names and padding still ravage the latest list. This is notwithstanding that 9, 686 names were purged from the “final list” of 39, 321 eligible voters to bring the current verified figure to 29, 635.

A case in point is Obollo Afor Branch which jumped from a meager 39 members on the previous list to a whopping 662 on the latest list. An amorphous branch called “International Diaspora” has no less than 87 names on the voters’ list, while over 4, 500 names had no branches listed against them.

Commenting on the current crisis, former NBA presidential candidate, Prof. Ernest Ojukwu said: “Nigerian Bar Association 2020 – The Electoral Committee’s final list of accredited voters is a fraud! Names have been included in Branches where such names don’t exist as members. We are ready to vote on a platform of fraud again!!!”

But in its latest statement on the complaints, the ECNBA said:

On this 29/7/2020, the ECNBA circulated the list of accredited voters for the NBA National Officers election 2020 slated to commence at 11:00PM of Wednesday, 29/7/2020.

Members are assured that the unique identifier of each voter to be able to vote remains the enrollment number which is peculiar to each voter.

The ECNBA received complaints of members being placed in branches other than their own. This situation is regretted, but arose because members in the course of verification did not fully update information on their current branches and or sex and consequently were assigned the default positions (place holder) on the verification platform.

Members are advised to proceed to vote and disregard any such branches and or sex assigned to them as these do not bear on eligibility, convenience or result of the elections.

Members may wish to update their details on the membership portal of the NBA after the elections. In respect of omitted names, please see the ECNBA previous statements, more particularly ECNBA Statement No.018

Remember ballot opens at 11.00pm today, happy voting.

One Odufa itemized some of the issues that bedevil the voters list as follows:
1. Uromi Branch which had 45 eligible voters on the final lost after the verification only 20 names were released out of which only 9 are actual members while the other 11 are unknown Yoruba names.

2. A branch Called “International Diaspora ” has 87 fictitious names. From number 12182 – number 12268 on the just released Verified List.

3. One Mr. Iredia Osifo who didn’t pay his practicing fees or Branch dues found his name on the just released Verified List. See No 5793.

4. Miss. Yat Ulan Amos didn’t pay her branch dues but her name appeared on the Verified List. See Number 3535.
5. The Aba branch had 435 names on the final list but now have over 471 names on the Verified List.

6. Members of the Isiokpo Branch discovered only 48 names of their members were released on the Verified List as against the 84 names that were previously published on the Final voter’s list.

7. Ikorodu Branch which had about 233 names on the previously released voter’s list now has only 132 names. Leaving over 100 members disenfranchised.

8. Sapele branch was formerly 100 names now 70 names out of which 20 are not branch members.

THE HANKY-PANKY OF ECNBA 2020
My attention has been drawn to the last and most recent provisional list of eligible voters published this afternoon by the ECNBA 2020 in preparation for voting which will commence by 11:00pm today. As expected, it behooves on me to check and confirm that my name and that of my colleagues in the Uyo Branch are included.

To my greatest chagrin, my name was not found in the list, and some of my colleagues who also did not find their names have called me to question why their names are omitted when they conspicuously made it to the first and second provisional list earlier published by the ECNBA 2020.

This unfortunate development raises a very serious requisition as to the competence and credibility of the ECNBA 2020 in conducting a free and fair election in the face of abundant malpractices and omissions observed by some members of our Association.

My observations are as follows:

1. Majority of members of Uyo Branch of NBA who were conspicuously listed in the first and second provisional list earlier published, who also ensured they were verified in preparation to participate in the election today, are not found in the third but last provisional list published this afternoon.

2. The names of colleagues and members who did not make it to the first or second provisional list, who as at the 31st day of March, 2020, did not pay their BPF and Branch dues, talk more of being verified, are rather miraculously included in the third but last provisional list published this afternoon.

3. As the Assistant Secretary of Uyo Branch of NBA who has knowledge of members of the Branch, it is also very shocking that some of the names allotted by the ECNBA to form the list of eligible voters from Uyo Branch are strange and unknown to our secretariat.

4. Finally, the names and branches of eligible voters in the first and second provisional list earlier published by the ECNBA were arranged alphabetically for easy readability and identification of members, compared to the third but last provisional list published this afternoon, wherein names are scattered randomly with no orderly compilation, and thousands of other names are just mentioned on the list without alloting them to their various registered Branches for easy identification and confirmation.

In the face of these unfortunate and worrisome observations, more so in consideration of voting which will commence by 11:00pm today, one will ponder on the kind of hanky-panky the ECNBA 2020 is displaying. It is unfortunate that the would be eligible voters have been disenfranchised and non-eligible and strange names have been enfranchised to vote today starting from 11:00pm.

My confidence in the ECNBA 2020 is bleak.

Udeme Rivers
Assistant Secretary
NBA, Uyo

Which one is “international diaspora “. I thought to be eligible to vote, a person must belong to a Bar Branch in Nigeria.

IMPORTANT NOTICE!!!

Dear All,

The ECNBA has just released a list of Accredited Voters of 29,635 names, which is attached below for ease of reference.

Kindly go through the list and ascertain that you name is contained therein. If your name had previously been on the Fnal Voters List as released by the ECNBA and now omitted from this newly released one, kindly send me an email urgently at: nbalagoschairman@gmail.com.

Please note that by the newly released statement from the ECNBA, campaigns are hereby suspended forthwith. Therefore, all members are urged not further post any campaign material on the platforms.

Kind regards
Yemi Akangbe
Chairman, NBA Lagos.

U. Emiri

This list is riddled with errors, most oleh branch lawyers are listed under ughelli branch. This is so disheartening, that ECNBA is not able to get it right this time again.

Caleb Adebayo

Just like we suspected, the ECNBA has repeatedly revealed its incompetence. And to think they kept acting like they had everything under control. So many errors in the list!

Good evening, Tawo Tawo (SAN), Chairman, ECNBA.

I am Samuel Chukwuemeka Odoh Esq, chairman of Sapele Branch, and I am writing you, for and on behalf of the entire members of the Sapele Branch of the NBA.

We hereby, unequivocally register the *PROTEST of the entire members of our branch on the monumental travesty done to our branch. Our members have just gone through the so-called final list of voters published by you a few hours ago.

After a very thorough perusal of the list of indicated for Sapele Branch, we were shocked to find that only 70 (seventy) names were published out over 100 (one hundred) names published in the provisional names! Our members who successfully verified are over 100 (one hundred)!

To make matters doubly worse, the 70 (seventy) names published this evening contains 20 (twenty) names who are neither known to us nor our members! We believe they are fictitious names added under our column to perpetrate fraud in this elections!

We therefore protest vehemently and demand that the situation be resolved immediately.

If our above demand cannot be granted, we hereby call for an outright CANCELATION or POSTPONEMENT of the election to a future date, as it is obvious that you are ill prepared to carry out this sacred for which you were appointed!

Thanks.

S. C. Odoh Esq.
Chairman, NBA Sapele Branch.

A PLOY TO DISENFRANCHISE MEMBERS OF THE NBA, SAPELE BRANCH FROM EXERCISING THE RIGHT TO VOTE IN THE NBA, 2020 ELECTION.
I am OKE ODINDE, ESQ, the YLF Chairman, Ex-Publicity Secretary of NBA, Sapele Branch and the “I.T Man” of NBA, Sapele Branch. I worked with the immediate past Chairman of the Branch to prepare eligible names of Branch Members and same was sent to ECNBA.

When the ECNBA released the provisional list containing the names of our eligible voters, we had 115 eligible voters from our Branch.

It is very unfortunate to state that the numbers of eligible voters of our Branch has been reduced in the just published ACCREDITED LIST.

On the said accredited list are 70 supposed names of Sapele Branch Members but the reality is that 20 names stated on the list are not members of the Sapele Branch.

Names of Persons stated to be Sapele Baranch Members on the ECNBA ACCREDITED LIST (but in actual sense are not Members); are listed hereunder.
1. BABADIDI, MELE JASCO
2. OMORDIA, NGOZI OBIAGELI
3. SAKA, RASAK AYODEJI
4. DUROSINMI, ETTI LOOKMAN
5. CHIGBO, CHINONSO FESTUS
6. AKPORHONOR, EMILY ONOME
7. ADENIRAN, ABAYOMI ADEYEMI
8. ADEJOH, JIBRIN YUSUF
9. OJIAKU, STANLEY ARINZECHUKWU
10. OBAWEYA, TAIWO FOLUKE
11. ANAENUGWU, ANTHONY CHUKWUEMEKA
12. EKWALE, SARAH OCHUKO
13. OVEDHE, NATHAN TIMOTHY
14. MARTINOS, FRANCIS OLUYOMI
15. AKEREDOLU, YEWANDE YINKA
16. CHEGWE, WEYIMI ANITA
17. AKEREDOLU, YEWANDE YINKA
18. GESE, IORSE SIMON
19. OKWUAGBALA, UCHE IRUOMA
20. GOLD, KHADIJAT KUBURA

This is a ploy to disenfranchise our Branch Members.
Our questions are
1. What happened to the Provisional List that contains the complete names of eligible voters.
2. Why would the ECNBA add names not in the Sapele Branch to the Sapele Branch List?
3. Why would the ECNBA reduce the Sapele Branch Members from 115 to 52 Members?
This is unacceptable…
OKE ODINDE ESQ.
NBA, SAPELE BRANCH, YLF CHAIRMAN

THE YLF CHAIRMAN, NWABAA CLINTON AMONG OVER A HUNDRED VOTERS FROM IKORODU BRANCH, DECRIES HIS RUTHLESS DISENFRANCHISEMENT BY THE ECNBA 3 HOURS TO NBA NATIONAL ELECTIONS; CALLS FOR RECTIFICATION OF THE ACCREDITED VOTERS LIST BEFORE THE VOTING EXERCISE.

“My name is Nwabaa Clinton O. I’m a lawyer and an active member of NBA Ikorodu branch and also the present chairman young lawyers forum, Ikorodu branch.

The NBA Ikorodu falls within 11507-11639 that means that the only accredited voters of my branch are 132 leaving well over 100 active voters disenfranchised.

I hereby raised objection to this election and as well put NBA on notice to show cause why the election should be held as I’m disenfranchised.

Shola Abiloye

Something to keep us busy until 11pm tonight. Collating the list of accredited voters in alphabetical order should be the simplest of things for the ECNBA. Why punish people because they want to vote?

Uche Ogwo

I have zoomed and zoomed and peered into and around this list, i have checked for my name and maiden name and both are not there!!!!!. I did all including the verification and got a mail saying I was verified and I CAN’T SEE MY NAME!!!. Let me not be hasty please if anyone sees Uchenna Chinyere Ogwo or Uchenna Chinyere Nweke, kindly notify me because I MUST VOTE!!!. Why my name must always be omitted is totally beyond my understanding 🤷♀️🤦

Raqeebah Oloko

Thank you so much. I have seen it. They didn’t put it under Lagos Branch and when you type search it wont come up.

Thank you yinka for saving me the trouble as I have started writing to ecnba. No time to waste when election is just less than 3hrs away

SIMPLE I. DIOHA

Good evening Sir.

I have gone through the Isiokpo Branch list and discovered that out of the original about 84 names published in all the previous lists, we now have only 48 names published.

I suspect serious mischief in the exercise because many of those whose names were omitted did their verification in my presence.

For example one IZEOMA ORLU-AKWU did her verification in my presence. Now she could not find her name in this present list despite her name had appeared in all the previous lists.

Please urgent attention is needed.

Thanks.

SIMPLE I. DIOHA, ESQ.
NBA, ISIOKPO BRANCH, RIVERS STATE.

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.

EMEKA NWADIOKE
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29,635 VOTERS TO ELECT NEXT NBA PRESIDENT

BY EMEKA NWADIOKE

ECNBA PURGES 1604 NAMES FROM VOTERS’ LIST
BARS FURTHER CAMPAIGNS
WARNS AGAINST PARALLEL ‘HELP DESKS’

The Electoral Committee of the Nigerian Bar Association (ECNBA) has finally released the full list of verified voters for the NBA Elections commencing at 11 pm today.

In its Statement No. 018, the Electoral Committee has barred further campaigns as well as Help Desks except the one set up by the committee.

Below is the full text of the statement:

Further to the publication of the full list of legal practitioners qualified to vote, the ECNBA now presents a total of 29,635 verified and duly accredited members who have fulfilled all requirements for voting in the NBA National Officers elections 2020. This figure excludes 1604 names with duplicated phone numbers and/or email addresses.

As the voting commences by 11:00 PM today, 29th July, 2020, we urge all members to conduct themselves in the respectable manner for which the legal profession is known. All Candidates and their supporters are also advised to desist from any form of campaigns forthwith.

The ECNBA reiterates that private helpdesks for the purpose of this election by Candidates, their supporters and NBA Branches are not allowed.

The ECNBA Support helpline for purpose of the election is: 0700 5555 2020. The helpdesk will be open from 10.00PM on the 29th of July 2020.

Voters who desire to observe this election real time from the comfort of their locations can do so using the unique link provided for the voting.

Happy Voting!

Dated this 29th day of July, 2020

TAWO E. TAWO, SAN CORDELIA U. EKE

CHAIRMAN, ECNBA SECRETARY

Click to the link below for the accredited list

https://nigerianbar.org.ng/sites/default/files/inline-files/ACCREDITED%20LIST.pdf

ELECTORAL C’TE RELEASES VOTING GUIDELINES

The eagerly awaited guidelines for tomorrow’s elections have now been released by the Electoral Committee of the NBA (ECNBA).

Setting out the voting protocols in its ECNBA STATEMENT NO 017, the electoral committee assured that voters would receive a certificate after voting.

Below is the text of the statement:

GUIDELINES FOR ELECTRONIC VOTING

Ballot shall open at 11:00 PM on Wednesday 29th July, 2020 and end at 11:00 PM on Thursday 30th July, 2020 (24 hours).
Every voter shall receive an Email and/or SMS notification for the declaration of the opening of polls to all eligible voters on the day of the election
Every voter is expected to click on the personalized voting link provided via the received Email and/or SMS notification;
The voter would then enter his/her Supreme Court Number beginning with “SCN…” after which the voter would click on the “authenticate” button to proceed;
The voter would proceed by viewing the list of available positions and candidates and selecting his/her choice of candidate or abstain from voting. A voter must make a choice at this stage;
The voter would either verify his/her choice made by submitting the ballot or change his/her choice by editing the ballot before submission.
Upon submission, the voter will receive a ballot submission verification code on the device screen as well as his/her registered email.
The voter should keep the verification code safe for audit purposes.

Dated this 28th day of July 2020

Tawo E. Tawo, SAN

Chairman

EXCLUSIVE: CONCERNS MOUNT ON VOTING PLATFORM FOR NBA ELECTION

BY EMEKA NWADIOKE

‘NO CAUSE FOR ALARM,’ SAYS ECNBA

There are strong indications that the Electoral Committee of the Nigerian Bar Association (ECNBA) is making frantic efforts to fortify the NBA Election Portal and deploy it for the election now shifted to commence tomorrow evening.

The electoral committee had in its latest statement moved the election from midnight today to 11 pm tomorrow, even as it gave no reason for the shift which is coming barely a few hours to the earlier commencement schedule.

But CITY LAWYER reliably gathered that the shift may not be unconnected with strong indications that the electoral committee is yet to conclude a clean-up of the voters’ list. The ECNBA Chairman, Mr. Tawo Tawo SAN had told a stakeholders’ meeting yesterday that the clean-up would be concluded by midnight, while a final list of verified voters was expected to be published today by the electoral committee. A source who is familiar with the process however told CITY LAWYER that the clean-up is still ongoing and may not be concluded until tomorrow. The committee had stated that over 30,000 eligible voters participated in the verification exercise.

CITY LAWYER also gathered that the electoral committee may have insisted on deploying the controversial NBA Election Platform delivered to it by the current administration for the election, even as it is making efforts to plug the gaps on the portal.

However, the ECNBA told CITY LAWYER today that there is no cause for worry, adding that the technology to be deployed for the election would be “seamless.”

According to a source who is familiar with the process, “They (ECNBA) are still updating the NBA platform up until now. The database of the election collation is now being hosted on another IP. They will only make that one active on the day of the election.”

Continuing, the source said: “The only option they have is implement a third party election collation system like VOTE NOW api, then use it within the NBA portal environment. I believe they are integrating to use a third party collation system within the platform. That is using a system like VOTE NOW but within the NBA or another IP as they know this present one is closely monitored.”

But ECNBA Secretary Cordelia Eke told CITY LAWYER that some of the stakeholders “assumed we were going to use the NBA Election portal.” She however said that the electoral committee “wants the best” and would abide by the advice of its IT Consultants.

According to the ECNBA scribe, “We have done test runs. The platform we will use tomorrow will be endorsed by our IT Consultants. It is to be noted that the number of eligible voters for the election is a critical factor in deciding on the voting portal. This is the highest number of eligible voters so far when compared with the two previous elections. But rest assured that the process will be seamless. We all have our integrity and we will want to complete this assignment with our integrity intact. We will deploy the best platform for the election.”

Continuing, she said the “silence” on the part of the committee was to ensure the security of the process, adding that some mischief makers were bound to attempt to truncate the process “whichever platform you use.”

She assured that voters will receive a certificate after voting aside from an audit of the entire election, adding that the committee is making extra efforts to clean up the voters’ list and ensure that no eligible voter is disenfranchised. Her words: “Be assured that the voters’ list would be published before the voting exercise.”

It is recalled that some candidates have raised concerns on the reliability of the voting portal, even as the electoral committee refused yesterday to confirm whether the election will be hosted on the NBA Election portal as speculated. The Dele Adesina SAN (DASAN) Group had queried the electoral process, saying: “We are yet to receive any information from the ECNBA regarding the Service Provider who would conduct and manage the electoral process in respect of accreditation, voting, computation of votes, and declaration of results.”

The group also queried compilation of the voters’ list, saying that “the Voters List for Abuja and Lagos Branches, as typical examples, are tainted by severe irregularities which are yet to be addressed, even though official petitions have been written to the ECNBA.”

A technical report by consultants hired by another presidential candidate, Mr. Olu Akpata was more damning on the integrity of the voting portal. In a petition to ECNBA, Akpata stated that “Even more distressing is the fact that the NBA portal on which the verification exercise is being conducted appears not to be secure and can be easily manipulated.”

The report by the ICT experts stated that “we carried out a vulnerability assessment of the web platform with IP 130.61.106.164 and came up with the following deductions: That the NBA Portal is built on Drupal 8, an Open Source Content Management Software. The platform is a template edited for the NBA; That the NBA portal has a vulnerability severity rating between 4 – 7 based on discovered vulnerability exposures.”

The report noted 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.”

The experts recommended the following remedial measures:
* A Unique Customized Secure Platform Built Specifically For The NBA: An organization with such repute and standard as the Nigerian Bar Association requires a unique software architecture and security framework used to build a customized web portal for all its services.
* Remediation of Security Vulnerabilities: This refers to the process by which vulnerabilities identified are resolved and further threats to the platform is prevented.
* Constant Vulnerability Assessment: There should be a set standard procedure for running assessment and penetration test constantly to keep the platform updated in line with global security standards and its defence capable of deterring any such cyber-attacks.

But in a searing reposte, the electoral committee lampooned Akpata for the petition, accusing him of gaining “unauthorized access” to the NBA portal. Said Tawo: “The committee therefore deprecates in strong terms the various attempts by individuals who in an attempt to force the hand of the ECNBA, some of who are members of the profession, to gain unauthorized access to the NBA website and going further to publish a report showing perceived weaknesses of the site to the world. This action is so sad to say, not expected of gentlemen of our noble profession.”

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‘WE MUST PROTECT, PROJECT RULE OF LAW,’ – ALEX MUOKA

The Rule of Law is sacrosanct in any democratic Society. Consequently, it must be protected and projected at all times. The entrenchment of the Rule of Law in Nigeria is in our interest because the Law and legal practitioners can only thrive where the Rule of Law thrives.

It is instructive that the motto of the Nigerian Bar Association is “Promoting the Rule of Law”. In line with this, the very first aim and objective of our great Association is the “Maintenance and defence of the integrity and independence of the Bar and the Judiciary in Nigeria”, and many of the other objects speak to the role of the Association in promoting the efficient administration of justice, law reform, legal aid and access to courts, and respect for fundamental rights.

The NBA is widely regarded as the premier non-state actor in the constant battle for the promotion of the rule of law, and it is important in 2020 to put forward a bar leadership that will help to restore our pride of place as ‘the bastion of hope for the common man’. I propose to ensure this by working with the NBA President, national officers and other stakeholders to:

a) Ensure that the Rule of Law is upheld by State actors;

b) Champion public interest litigation to protect the rights of citizens and members from abuse;

c) Support the advocacy for implementation of fiscal independence for the Nigeria judiciary;

d) Liaise with the judiciary and offer support to facilitate the efficient administration of justice in Nigeria;

e) Sensitize lawyers and the general public by organizing workshops, conferences and summits on human rights and the rule of law;

f) Offer leadership and a focal rallying point to all Nigerians and relevant institutions in defending and expanding the frontiers of the Rule of Law;

g) Strengthen the Pro Bono and legal aid programmes of the NBA to make their impact felt (especially) by indigent members of the society; and

h) Propose a “legislative desk” for the NBA at the National Assembly which shall be saddled with the task of legislative advocacy, monitoring and liaising with the law makers in the task of enacting laws.

The NBA must live up to its name and reputation, and I will like to play my part. If you elect me as General Secretary of the NBA, I Pledge to serve with the passion, integrity and efficiency for which I am well known, and to pursue this and five (5) other Core Pursuits which I have elaborated on in MY MANIFESTO to deliver a ‘Fit For Purpose’ Bar Secretariat. My Profile and Manifesto have been uploaded by the ECNBA and can be viewed at (or downloaded from) https://nigerianbar.org.ng/node/257.

I will place my time, energy, talents, experience and resources at the disposal of the Bar for the next two years, and offer the kind of premium stewardship which the Bar definitely needs at this time. The Bar needs a great scribe. I have been tried, tested and adjudged to be one.

I seek your mandate. Let’s do this together.

Alexander Nduka MUOKA
Candidate for General Secretary of the NBA

‘STOP THE KILLINGS NOW!’ ADEGBORUWA TELLS BUHARI

BY EBUN-OLU ADEGBORUWA, SAN

In the course of last week, both Chambers of the National Assembly took up the issue of failing security across the land. Whilst the Senate asked that the service chiefs be sacked, the House of Representatives interacted with the security agencies. It is now clear to all and sundry, at least from the comments and contributions of lawmakers across party lines, that Nigeria is approaching a failed state. The pogrom going on in Southern Kaduna presently is totally unacceptable. In a programme that I monitored on television recently, a presidential aide was challenged to take a drive around his constituency without security patrol if indeed he feels Nigeria is safe enough. The worsening security situation across the land should be a cause for concern to all of us. The President has a duty to act fast, as the Commander-in-Chief of the Armed Forces of Nigeria.

Nigeria became a State formally in 1960, with sovereign powers transferred from the British colonialists to the representatives of the people. By law however, section 2 (1) of the 1999 Constitution states that “Nigeria is one indivisible and indissoluble sovereign state to be known by the name of the Federal Republic of Nigeria”, and by section 2 (2) thereof, “Nigeria shall be a Federation consisting of states and a Federal Capital Territory”. So, in the real sense of the word, Nigeria is created as a sovereign state consisting of federating units. Fair enough, the same Constitution that created the Nigerian Federation also specified the kind of powers that it should exercise and the functions it should perform, for its citizens. In this regard, Chapter 2 of the self-same Constitution, comes to bear. I will limit myself for this discourse however, to section 14 of the Constitution.

Under and by virtue of section 14 (2) (a), “sovereignty belongs to the people of Nigeria from whom government through this Constitution, derives ALL its powers and authority” (emphasis supplied). In very simple terms therefore, the sovereignty attached to the entity known as the Federal Republic of Nigeria, resides in the people of Nigeria. In essence, all our leaders hold power in trust for the people of Nigeria and they cannot go on acting as if it is the other way round. To break it down more, there is no President who should claim to be in power, there is no Governor who should assert any authority and there should be no legislative house or even a court of law, that should rule over and above the people and be lording policies and decisions over them. Power belongs to the people, pure and simple. The fact that the people of Africa and especially Nigeria, have been living in the opposite of civility and modernisation, whereby those elected into office by the people turn around to arrogate power to themselves, cannot be an excuse to obfuscate this simple truth.

Now to section 14 (2) (b) of the Constitution, wherein it is stated expressly and without equivocation, that “the security and welfare of the people shall be the primary purpose of government.” A community interpretation of section 14 (2) (a) and (b) respectively will show clearly that the Nigerian State was created for the people of Nigeria, that the focus of the entity called Nigeria is the people and that the target of power and existence of that Federation, is the people. It is good therefore, to sound it loud and clear, that the very existence of government, the totality of the exercise of power, by all and sundry, is for the security and welfare of the people and anything outside this, anything done that cannot achieve this, means a failure of governance. Pure and simple.

According to the learned authors of Merriam-Webster Dictionary, SECURITY means: “(a) freedom from danger (safety); (b) freedom from fear or anxiety; … something that secures, protection or measures taken to guard against espionage or sabotage, crime, attack, or escape.” The priority of security in governance is better illustrated by section 4 of the Police Act, wherein it is stated that the police shall be “… employed for the prevention and detection of crime, the apprehension of offenders, the preservation of law and order, the protection of life and property and the due enforcement of all laws and regulations with which they are directly charged, and shall perform such military duties within or outside Nigeria as may be required of them by, or under the authority of this or any other Act.” What stands out in this section is the phrase “protection of lives and property”. Now, let us match this with certain data recently released by the Inspector-General of Police himself.

At the quarterly Northern Traditional Rulers’ Council meeting held in Kaduna in, 2019, the then Inspector-General of Police stated that in the first quarter of 2019 alone, 1,071 persons lost their lives in crime-related cases across the country. He stated further that between January and April 2019 alone, 685 persons were kidnapped. Amnesty International has a higher figure of deaths and casualties. In 2018, it was estimated that about 6, 562 persons died from crime-related cases whilst generally, an estimate of about 13,000 persons are said to have died from the insurgency going on in the land, whilst about 1.1m people have been displaced thereby. Just in one year! This is surely frightening, to the extent that no one can claim to sleep with the two eyes closed, any longer. It may well be that the government is taking all necessary steps to contain the rising spate of insecurity across Nigeria, but this remains to be seen by all and sundry, in terms of security and safety, in the real sense of the word. The summary now would seem to be that the government has not been able to rise up to the challenges posed by insecurity. The death rate is climbing everyday.

Now to welfare, since the two main points of governance are security and welfare. Merriam-Webster Dictionary defines WELFARE as “the state of doing well, especially in respect to good fortune, happiness, well-being, or prosperity.” Are we doing well as a people, presently? Are we enjoying some form of good fortune economically? Is the well-being of the people of this nation improving in any form at all? Are we happy, with the state of things in Nigeria? Is there prosperity in the land? Without any doubt whatsoever, suicide cases have increased, the economic power of the people has dwindled considerably and virtually everyone now depends on handouts from the government, as private businesses are all struggling to survive, in the absence of basic infrastructure, especially power supply. I have no doubt in my mind that the true testimony across the land is that the majority of the people are suffering indeed. I see it in the text messages that I receive every now and then, for financial assistance, I read it in the news daily, of how many States in the Federation are owing their workers salaries, for several months and how the ordinary people are just living from hand to mouth, barely eking out a living, just surviving and tagging along. Companies are closing down, on account of COVID 19 and there is palpable suffering across the land.

The present circumstance of Nigeria is that many people have become beggars of some sort. Even as businessmen and women, professionals and even as manufacturers, the bulk of the little profit margin is spent on infrastructure, whereby you are forced to generate your own electricity, provide your own water, build your own road, employ your own security, train your children in private schools or send them abroad, if they must excel, provide yourself health care if you must live, and may be buy your own car, if you must move around. It is that bad, that the government seemed to have shifted all its responsibilities to the citizens. And how exactly is anyone expected to survive in such hostile environment, where you spend most of your valuable time in traffic, you get home to sleep in intense heat and darkness and then you eventually manage to make it to the office the following day, only to be confronted with power outage, all day long, draining all human capacity, productivity and usefulness. Can we then say that we have a nation or that any form of governance is in place?

From all the above frightening scenarios, how do you then describe the entity created as Nigeria, if it is agreed that the two critical responsibilities of government are the security and welfare of the people? This piece became necessary as it would seem that those in authority do not well appreciate the enormity of the situation that we presently face in Nigeria or that state propaganda has so prospered and become the art of governance, that some of them are totally ensconced from the reality of present day Nigeria. Whereas I know that some well-meaning persons exist in authority presently, I verily believe that the time has now come, for some frank introspection that will translate into some genuine appreciation, of the debilitating welfare and security conditions of our people, if we are to say that there is governance at all. In the absence of that, the reasonable conclusion is that we are gradually moving to a failed state, as echoed by those legislators, who, very unfortunately, are themselves part and parcel of the failure of the state.

The President must act and act quickly, as time is running out on him. As an expert in security matters given his background as a military general, it is totally unacceptable that the President is unable to stem the rising tide of insecurity in the land, especially the terror of bandits, criminals and insurgents. How do we have leaders and we live like nomads, victims and aliens in our own country?

EMEKA NWADIOKE
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ELECTION: BRANCHES BACK OHAGBA AS NBA SCRIBE

The political fortunes of consummate Bar-man and former Nigerian Bar Association (NBA) Assistant General Secretary, Mr. Okey Ohagba has received a major boost with his endorsement by the eight branches in Rivers State.

Rising from a stakeholders meeting last Wednesday, the Bar Leaders unanimously declared support for the candidacy of Ohagba for the office of NBA General Secretary in the forthcoming NBA General Elections.

Among the Bar Leaders who attended the meeting are Branch Chairmen and Secretaries as well as past Chairmen and Secretaries of all the NBA branches in Rivers State

A statement by the Chairman of NBA Ahoada Branch, Mr. Agent Benjamin Ihua-Maduenyi on behalf of chairmen of NBA Branches in Rivers State, read: “The meeting called on all members from the eight (8) NBA branches in Rivers State to leverage on the extended verification deadline, get verified and vote en masse for Okey Leo Ohagba as the next General Secretary of NBA in the coming elections.”

Ohagba is reputed as “a passionate member of the Nigerian Bar Association and a very committed member of Port-Harcourt Branch.” He was admitted to the Nigerian Bar in November, 2007.

“With a burning passion for litigation, Okey turned down a juicy corporate employment offer from a reputable Nigerian bank and started his legal practice career in the firm of N. H. AJIE & CO. of Portharcourt in 2008 and in 2012 he established O. L. OHAGBA and Company, a commercial litigation and ADR consultancy firm, wherein he remains the principal partner till date.

“In his quest for a broadened knowledge of the law and expertise, Okey had prior to his legal practice career, obtained a certificate of proficiency in Alternative Dispute Resolution (ADR) after an intensive professional course at the Settlement House Abuja. Thereafter he was awarded the title of Professional Negotiator and Mediator (pnm). He is also a certified member of the Institute of Chartered Mediators and Conciliators (ICMC) as a Chartered Mediator and Conciliator (ChMC).

“Okey Ohagba, a pioneer alumnus of Madonna University, is a quintessential Bar man, a creative thinker, always eager to achieve excellence in every assignment.

“As National Secretary of NBA Young Lawyers’ Forum, Ohagba displayed exceptional competence, capacity and professionalism in the discharge of his duties while he steered the YLF Secretariat. He developed a comprehensive database of young lawyers at the time. He reinvigorated the YLF section of the NBA website and kept it up to speed throughout his tenure. He was the Chairman of the Summit Planning Committee that organized the ‘Portharcourt 2013′ NBA-YLF National Summit; which event was widely adjudged the best Summit in the YLF history due to his organisational prowess and elegance in service delivery. Same skills he exhibited when he organized perfect YLF Sessions at both Calabar and Owerri NBA AGCs 2013 and 2014 respectively. With the joint efforts of other Council Members, he midwifed the establishment of Young Lawyers’ Forums across over 70% of NBA branches nationwide.

“His culture of service excellence and intuitive passion for innovation became more prominent when he served as NBA Representative on the Board of Corporate Affairs Commission (CAC); during which period, with the support of the board, he practically championed the drive for the implementation of the present day CAC-ONLINE (A full automation of CAC incorporation processes). His passion for innovation, aided the digitization of the Commission’s system. He reawakened the Commission’s interest in the age partnership with NBA at Annual General Conferences starting with the Calabar, Owerri and Abuja Conferences, 2013, 2014 and 2015 respectively.

“As Chairman of sports subcommittee for the NBA AGC Owerri 2014, Okey, in his usual innovative thinking, saw the need to introduce some pecuniary rewards to winners of the tournament in order to subsidise branch expenses and increase participatory interest in the tournaments. His proposal was approved by the then NBA President, and for the first time in NBA history, winners of the football tournament received N500, 000 (Five Hundred Thousand Naira) cash prize from the NBA. 2nd and 3rd place winners also got cash prizes accordingly.

“As NBA First Assistant Secretary, 2016 to 2018, Okey Ohagba once again demonstrated capacity and service excellence when, upon the direction of the General Secretary, he delivered ‘error proof’ minutes at nearly all NBA National Executive Committee Meetings and facilitated for the first time, electronic mailing of Minutes and NEC Bundles prior to NEC Meetings, thereby affording NEC Members ample opportunity to read, digest the minutes and participate more robustly at NEC Meetings.”

NBA ELECTION’LL BE TRANSPARENT, INCLUSIVE, FREE AND FAIR – TAWO TAWO

At today’s meeting of the Electoral Committee of the Nigerian Bar Association (ECNBA) with candidates and other stakeholders, ECNBA Chairman, MR. TAWO TAWO SAN in his welcome address assures all that the committee is leaving no stone unturned to deliver free and credible polls

ECNBA UPDATE ON THE NBA NATIONAL OFFICERS ELECTIONS 2020 PRESENTED AT THE STAKEHOLDERS INTERACTIVE SESSION HELD ON THE 27TH OF JULY 2020

PREAMBLE
The ECNBA welcomes you all to this interactive session to update Bar leaders, Candidates and Voters of the current state of affairs towards preparation for the NBA National Officers Elections. We had hoped that this session would take place earlier in the electoral process but the global health emergency response by Government compelled a change of the course of activities initially outlined by the Committee to accord with extant regulations on the pandemic and yet accord with the Nigerian Bar Association Constitution 2015(as amended). We do however consider it necessary at this stage of the electoral process, to hold this session albeit remotely, due to the prevailing conditions, to enable us rub minds with stakeholders in the process towards ensuring that we all have a National election that we can be proud of as Lawyers and as an Association.

COMMENCEMENT OF DUTIES
The ECNBA was appointed by the NBA NEC and inaugurated by the NBA President of the 12th day of March 2020 pursuant to the provisions of the NBA Constitution which prescribes for the appointment of the Committee at the first NEC meeting of an election year. The Committee was given the task of conducting the NBA National Officers election within four (4) months. This was at a time when the COVID19 pandemic had just broken out in the Country. Undeterred, the Committee was set to commence work immediately, even if working remotely, knowing that time was of the essence. The effect of the pandemic however significantly slowed down responses and affected schedules and timelines.

COMMITTEE ACTIVITIES
From the time of inauguration of the Committee till date, the ECNBA has carried several activities and has kept members informed through its several releases in ECNBA Statements Nos.1-15.

It is noteworthy that in the course of its activities, the ECNBA has constantly updated members via Statements and publications in total of fifteen (15) as at date. We would however like to specifically address some areas perceived to be of concern to members and Candidates in the election.

THE ELIGIBLE VOTERS REGISTER

The importance of a credible voters list to the NBA 2020 elections cannot be over emphasized. The Nigerian Bar Association Constitution 2015 (as amended) in Paragraph 1.3 (d) Second schedule stipulates that the register of eligible voters is to be compiled by the ECNBA in conjunction with the Nigerian Bar Association. As such the said task is not one that could be done without recourse or input from the NBA or its Staff. In furtherance of this provision, while engaging with the National Secretariat, the ECNBA also engaged with Branch Chairmen to supply lists of members that had met the Constitutional criteria for eligibility to vote, being payment of Branch Dues as at 31st March of 2020. The National Secretariat was also requested to produce the list of members who had paid their Bar Practice Fees as at March 31st 2020. This task suffered some delays due to the fact that the NBA National Secretariat and some Branches of the NBA were closed and not fully operational due to the Government lockdown in Abuja and other parts of the country, making it difficult to access some necessary documentation for the exercise. It would also be recalled that Access Bank was not fully operational at this time and needed time to supply the data on payments of BPF. Eventually, the National Secretariat succeeded in producing the comprehensive data on the BPF payments, but the lists from the NBA Branches were however more challenging to gather as shown in the several statements already published by the ECNBA to that effect.

The challenges to the exercise ranged from but were not limited to: lack of Bank statements showing payment of dues by members, failure of members to submit their payment details to their Branches for compilation, incomplete membership information and documentation from Branches, inaccurate lists submitted by some Branches, amongst others. The general impact of the lockdown across the country is also acknowledged as a major factor that affected the exercise.

In combating these challenges, the ECNBA had to device creative solutions, to sort through the various lists and payment details submitted in order to sieve those persons truly eligible to vote in compliance with the provisions of the NBA Constitution.

It must at this stage be clarified that due to complaints by members in respect of lists submitted by their Branches and the desire to ensure that no eligible Voter is disenfranchised, the ECNBA gave an opportunity to members whose names may have been omitted or had errors, to submit same directly to the Committee with proof of payment of their Branch dues and Bar Practice fees for compilation in the voters register. It is noteworthy that these activities had deadlines assigned to them because the Committee was also bound by timelines imposed by the NBA Constitution, which still remains effective in the face of the COVID19 pandemic. While some colleagues responded to the publications and extensions given within the time stipulated, some failed to do so and only awoke much later (after expiration of the deadlines) to demand that their names be included on the final Voters list. However, there must be an end to that exercise and as such the final list of names had to be published in accordance with the NBA Constitution.

VOTERS VERIFICATION EXERCISE
By the ECNBA Statement No. 008, the Committee called on eligible voters to ensure they verified their details on the NBA website preparatory to voting in the elections. The importance of the Exercise cannot be overemphasized as it is not only a form of accreditation for eligible Voters, but also a source of authentic data about members supplied by the Voters themselves. It also ensures that Voters have access to their portal in the event that the site would be used for the voting exercise. The verification exercise for voters has now ended by 6PM on Sunday 26th July 2020. We can confirm from records of the exercise available to us now, that over 30,000 Voters on the published Voters have now verified their details.

ELECTION PLATFORM AND IT CONSULTANT

Security and integrity of the voting platform for the NBA national officers election 2020 is of paramount importance to the ECNBA. The authenticity and security of votes cast at the elections are issues that have not been taken lightly. A lot of work has gone into ensuring that all but only legitimate votes count at the elections. It would be recalled that in the ECNBA Statement No.006, the Committee outlined its efforts at engaging an IT expert to work with the ECNBA in the determination of the proper platform to be used for voting and also the modalities for the electronic voting. We can confirm that further to our Request for Proposals, applications were received from several IT firms, which went through various stages of screening and interviews and at the end, a firm which was adjudged to have the requisite experience and expertise and competence in such matters was engaged to work with the ECNBA on this project. At the time of engagement of the Consultant, the ECNBA had not taken any decision as to the platform to be used for the elections as mentioned in our Statement No. 006 and were open to exploring all viable options, inclusive of the newly developed election portal of the Nigerian Bar Association. We had intimated that the decision as to what platform would be used for the elections would be based on the recommendations of the technical experts, in this case our engaged IT Consultants, not foreclosing recommendations from other experts. The Committee therefore deprecates in strong terms the various attempt by individuals, who in an attempt to force the hand of the ECNBA some of whom are members of the profession, to gain unauthorized access to the NBA website and going further to publish a report showing perceived weaknesses of the site to the world. This action is sad to say, not expected of gentlemen of the legal profession.

The ECNBA is confident of the competence of our OT Consultants who are to advise us on the technical aspects of the electoral process and will abide by their professional recommendations.

CONCLUSION

In conclusion, and as we count down to the elections, the ECNBA wishes to express its gratitude to members of the Bar for their patience with the ECNBA, our Bar leaders for their constant advise and contributions and the National Secretariat for cooperation thus far in this process. Needless to say that we all are stakeholders in this process and must continue to work together to ensure a smooth transition process in our association for the benefit of us all. On its part the ECNBA will continue to keep its promise of doing its very best to conduct a transparent, inclusive, free and fair 2020 polls. We therefore urge you to keep an open mind on issues and make constructive contributions that will engender progress and promote the general good of our dear Association.

Thank you and God bless you.

EMEKA NWADIOKE
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ECNBA MEETS CANDIDATES, KEEPS MUM ON VOTING PORTAL, OTHERS

BY EMEKA NWADIOKE

* BAYO OJO, PRESIDENTIAL CANDIDATES, OTHERS SPEAK
* OVER 30,000 VOTERS TO ELECT NEXT NBA PRESIDENT
* ECNBA BLASTS AKPATA FOR ‘OPEN LETTER’
* AKPATA REPLIES ECNBA, INSISTS NBA PORTAL IS ‘VULNERABLE’
* ECNBA WARNS CANDIDATES AGAINST ELECTION ‘HELP DESKS’

The Electoral Committee of the Nigerian Bar Association (ECNBA) today held a virtual meeting with candidates in the forthcoming NBA Elections and other stakeholders, assuring that the poll will be free, fair and credible.

Tagged “Online interactive session with all Candidates in the NBA National Officers Election 2020, Bar leaders, and Stakeholders,” the meeting was monitored by CITY LAWYER and attended by the three presidential candidates among others, even as some candidates shunned the parley.

In a 12-minute opening speech, ECNBA Chairman, Mr. Tawo Tawo SAN went down memory lane, recalling how the electoral committee conducted the compilation of voters list and the verification exercise. He stated that the committee chose the election portal in line with operational recommendations of its Information Technology Consultant, adding that the process will ensure that “all but only legitimate votes count” and that it is a “national election we can be proud of.”

Tawo thanked Bar Leaders and NBA staff for their cooperation, even as he singled out NBA President, Mr. Paul Usoro for commendation for giving the committee a free hand to conduct the election.

On the choice of IT Consultant for the election, Tawo stated that at the end of the committee’s screening exercise, “a firm which was adjudged to have the requisite experience and expertise and competent in such matters was engaged to work with ECNBA on this project as our consultants. At the time of the engagement of the consultant, the ECNBA had not taken any decision as to the platform to be used for the election, as mentioned in our statement No. 006.”

Indicting one of the presidential candidates, Mr. Olumide Akpata for what he termed “unauthorized access” to the NBA website, the electoral committee chairman said: “The committee therefore deprecates in strong terms the various attempts by individuals who in an attempt to force the hand of the ECNBA, some of who are members of the profession, to gain unauthorized access to the NBA website and going further to publish a report showing perceived weaknesses of the site to the world. This action is so sad to say, not expected of gentlemen of our noble profession.” He stated that the committee is confident of its IT Consultants and their expert advice on the technical aspects of the election.

In his remarks, former NBA President, Chief Bayo Ojo SAN warned all stakeholders that “we are in this together,” noting that having criticized the government on electoral misfeasance, “now is the time to show how to do it and do it well.” He urged the electoral committee to ensure that the election is “free, fair and credible,” adding that the candidates must exhibit the spirit of sportsmanship, as only one person can win the race.

Following several questions from some candidates, Mr. Alozie Echeonwu was invited by the electoral committee chairman to throw more light on some aspects of the election.

Said Echeonwu: “The chairman did not say that the election will be on the NBA website. The chairman has not disclosed the election protocol. The platform upon which this election will be run is considered a sensitive election item. The protocol will be released to everyone whose name is on the voters’ list and who has properly done his verification. The protocol is a do-it-yourself form of protocol and everybody’s unique credentials will be delivered to him. Each credential is unique to each voter and under no circumstance should these credentials be shared with any other person.

He assured that “the architecture for the election is reliable,” adding that the ECNBA is the “only umpire” for the election and that the consultant “is not conducting the election. We take responsibility for the election.”

He stated that there would be proper voter education directed to eligible voters, emphasizing that the voting platform is “very secure; very secure. You can go to sleep. The architecture is such that you may be given access to monitor the election wherever you are; and after the elections, there will be a post-election audit. A post-election audit will expose everything for anybody who is minded to do further study on it to please go ahead.”

Stating that each voter would be availed proof of his voting, Echeonwu said: “The architecture is automated. Everybody voting can verify; in fact, when you vote, you get a certificate. Each voter will receive a certificate as to the activities he carried on. You can self-audit the process.” He assured that eligible voters will receive their credentials, voter education and details of the protocols “in good time.”

Addressing the thorny issue of voters’ list, Tawo said though the committee had published the “final voters’ list,” the ECNBA had stated that the list “was being cleaned because of the duplications. We expect to publish the clean list after the outstanding verifications, the backlog has been cleared tonight. So, that will be done.”

In his remarks, Akpata noted that he sent in over 12 questions to the electoral committee, adding that “the issue of transparent and credible election lies at the heart of every election, and it must be seen and felt by all participating in the process.”

Responding to the allegation of unauthorized access to the NBA website, Akpata said: “Obviously, that reference was to me. Mr. Chairman, access to the portal is open to all. Maybe that’s the point some of us are making. It is free to all to study. As you know, Mr. Chairman, this is the first meeting we are holding with ECNBA in this entire process – two days to the election. So, we have not had information. The only information we have had is that the portal – in fact, the infographics released (shows) that is where the election will be held. Some of us (are) concerned about that website, that portal and the fact that it appears vulnerable. And we asked experts, please advise.”

He stated that he was aware the website was not developed by the electoral committee, adding that he was “not ascribing blame to anyone. We are saying, ‘Let’s be careful because this portal may be vulnerable.”

Noting that “We are all stakeholders and the cost of silence is too high,” Akpata queried: “Can it (voting portal) withstand multiple concurrences for about 40,000 voters?” He also expressed worry that “there’s little information out there.”

While Echeonwu stated that the NBA website was “for verification,” ECNBA Secretary Cordelia Eke asserted that “I do not believe the ECNBA at any time said election will be conducted on website.” But Akpata insisted that the infographics state otherwise.

Continuing, Echeonwu said: “Let me make it absolutely clear that the protocol for the election has not been released by ECNBA. Someone had alluded that ECNBA released the election protocol. Please consider it an unhealthy and malicious circulation. When ECNBA releases its protocol it will come directly to you and everybody will know.
“We are working with a timeline. We have assured you it is a seamless process. It is a do-it-yourself process. You don’t need to contact any help desk other than the ECNBA Help Desk to help you. You don’t need to set up any Help Desk; you will be crossing the boundaries if you do that. We would consider that crossing the boundary.”

One of the presidential candidates, Mr. Dele Adesina SAN expressed worry that the electoral committee barred campaigns via travels and the electronic media, noting that eligible voters need “information dissemination to make informed decision.”

Responding, a member of the committee, Prof. Augustine Agom stated that the electoral committee’s guidelines were informed by the NBA Constitution. He added: “The election is going to be free; it is going to be fair. It is going to be credible. You can take this to the bank.”

On his part, another presidential candidate, Dr. Babatunde Ajibade SAN commended the committee for “operating under unusual circumstances,” a veiled reference to the coronavirus pandemic. He however sought clarification on when the election protocols would be made available to the candidates as well as the modalities for deploying election agents in the ECNBA Situation Room.

Responding, the ECNBA Chairman promised that “We will communicate (this) to candidates in the shortest possible time.”

Aside from the presidential candidates, others that attended the virtual meeting are Messrs Adebayo Akinlade, Sulayman Adamu, Kazeem Adeyemo and Alex Muoka. Others are Joyce Oduah, Okey Ohagba, Christopher Yakemewerigha, Anne Agi, Uche Nwadialo, Sabastine Anyia, Kunle Edun and Olayinka Sokoya.

ADEGBORUWA OKAYS ADESINA, AJIBADE, AKPATA FOR NBA PRESIDENCY

Firebrand human rights activist, Mr. Ebun-Olu Adegboruwa SAN has declared that the three presidential candidates in the race for the coveted NBA Presidency are qualified to mount the saddle.

In a statement released today titled “NBA ELECTIONS 2020,” the prominent senior lawyer therefore urged eligible voters to vote “purely in the fear of God and according to your conscience.”

The statement reads:

NBA ELECTIONS 2020

Dear learned colleagues,

As we approach the final lap of the 2020 elections of the Nigerian Bar Association, I wish to make the following statements.

In alphabetical order with no specific preference,

I ENDORSE

ADESINA DELE, SAN:

He has SERVED the legal profession MERITORIOUSLY, as Chairman of NBA, Ikeja Branch and as General Secretary, NBA, at the national office.

I ENDORSE

AJIBADE BABATUNDE, SAN:

He has SERVED the legal profession CREDITABLY, in seeking fundamental reforms in justice administration, through The Justice Reform Project and also in helping to raise leaders for the Bar, through the Legal Practitioners Privileges Committee.

I ENDORSE

AKPATA OLUMIDE:

He has SERVED the legal profession SELFLESSLY, through the Section on Business Law and also in various other capacities, through the Conference Planning Committees.

They all have many more positive attributes, which I may not have stated. Any of these three, is qualified to lead the Bar, if voted in as President of the NBA, in any free, fair, peaceful and credible contest.

I therefore urge you to VOTE for ANY of these three candidates, purely in the fear of God and according to your conscience.

God bless Nigerian Bar Association
God bless Nigeria.

Ebun-Olu Adegboruwa, SAN
Lekki, Lagos.
26/07/2020

AJIBADE SPONSORS TECH INITIATIVES FOR YOUNG LAWYERS

Leading Nigerian Bar Association presidential candidate, Mr. Babatunde Ajibade SAN has vowed that he will reengineer the technology ecosystem in the legal industry if elected President come July 30.

Unveiling “Opportunities for Lawyers,” a cutting-edge online portal designed to connect lawyers to latest life-changing opportunities around the world, Ajibade observed that “Technology has become a part of everyday life in today’s world.”

Noting that the legal profession “is not left out” in the pervasive and disruptive inroad of technology, the cerebral senior lawyer stated that “We can either use tech or we can be scared of tech. If you ask me, we should use tech; we should take advantage of tech. We should enable tech to improve our processes.” He observed that technology has been deployed at the peak of the coronavirus pandemic to deliver many meetings and virtual conferences which “we have attended without leaving the comfort of our homes.”

Giving more insights into the groundbreaking App, Ajibade who has served the NBA in several critical positions said: “Not only am I encouraging us to use tech; I have invested in tech. I invested in the development of an App called ‘Opportunities for Lawyers.’ It’s a wonderful App. It’s available on iOs, on android and on the web. It provides opportunities for lawyers all over the world – scholarships, trainings, contests – everything a young lawyer needs to get ahead.”

Unveiling another initiative, the NBA presidential candidate who is very popular in the Continuing Legal Education (CLE) circuit, said: “One other thing that I am investing in is developing a pilot project for digital learning. I think that it’s is a veritable way for dealing with our continuing legal education problems, with training for young lawyers coming out of the Law School.”

He emphasized that “We must take full advantage of what is happening in that space to move our profession forward,” adding: “We need to re-orientate ourselves: our judges have to be retooled; our courts have to be retooled; we, lawyers have to be retooled – we need to learn a new way of doing things.”

The online platform, “Opportunities for Lawyers” was launched on May 2, 2020. It is available on Google Play (https://play.google.com/store/apps/details?id=com.opportunitiesforlawyers&hl=en) and Apple Stores (https://apps.apple.com/us/app/opportunities-forlawyers/id1510602360?ls=1). Non-smart phone users can visit www.opportunitiesforlawyers.com from their browsers on laptops, ipad, computer desktop and any other system with internet connection and access the site.

According to the Chief Editor of the American Team, Mr. Reginald Sagay, the application will be available free of cost to lawyers. “For this, we thank the Co-vice chair of the International Bar Association’s Africa Regional Forum, Dr. Babatunde Ajibade, SAN for his immense support, which has made it possible for lawyers across the world to have free access to this product,” said Sagay.

Ajibade had earlier stated that while the current NBA administration has taken positive steps with regard to integrating the use of technology in advancing the cause of the legal profession, “If elected, I will leverage and build on this good work by ensuring that the NBA makes maximum use of available technology to achieve its various objectives. I will explore various platforms that can be used to improve on the NBA’s data gathering, information dissemination and management. I will also explore various means of providing digital learning and training to members.

“Another area in which I will get the NBA to employ the use of technology is with the stamp and seal requirement under the RPC. This scheme was put in place in an attempt to eliminate the scourge of fake lawyers and has been a source of constant complaints since its inception. The complaints range from the logistics of receiving the stamp and seal to the fact that the stamps and seals have an expiry date. I have entered into discussions with technology service providers who assure me that the stamp and seal scheme can be digitalized and dispensed electronically. I will pursue the implementation of this innovation as it will not only address the complaints concerning the stamp and seal scheme as presently implemented but will dovetail seamlessly into the developments that are now being explored in the administration of justice with electronic filing of court processes and virtual hearings. If elected, I will ensure that the NBA builds and expands on all these initiatives and maximizes the use of available technology to achieve its various objectives.”

Non-smart phone users can visit www.opportunitiesforlawyers.com from their browsers on laptops, ipad, computer desktop and any other system with internet connection to access the site. ‘Opportunities for Lawyers’ has social media platforms for latest opportunities and engagement such as

Twitter: https://twitter.com/Oppsforlawyers?s=03

Facebook: https://m.facebook.com/opportunitiesforlawyers

Linkedin: https://www.linkedin.com/company/oportunities-for-lawyers

Youtube: https://www.youtube.com/channel/UCrj7aA_NGx4JLm1sjrXAWyw

AREWA LAWYERS ADOPTION: ANOTHER BRANCH CHAIR DISTANCES SELF

BY EMEKA NWADIOKE

The controversy trailing the adoption of Mr. Dele Adesina SAN as the preferred candidate of the influential Arewa Lawyers Forum (ALF) deepened at the weekend, with the Nigerian Bar Association, Shendam Branch Chairman, Mr. Gabriel Tsenyen washing his hands off the exercise.

Stating that he only got wind of the adoption via a Facebook post, Tsenyen vowed that he received no notice of any plan to adopt Adesina, neither did he attend any meeting at which the adoption was discussed and resolved.

In a notice titled “DISCLAIMER” and dated 26th July, 2020 which he made available to CITY LAWYER, the branch helmsman said: “I wish to note that as the Chairman of NBA Shendam Branch, I have not received any notice of meeting of Arewa Lawyers Forum neither am I aware of any meeting held where such was ever discussed.”

Tsenyen called on the ALF Caretaker Committee to “confirm the veracity, authenticity or falsity of such publication so that our forum will not be maligned unwarrantedly to the detriment of our young and teaming (sic) members.”

Tsenyen assured branch members “that I have not nor did any of our executive up to the time of writing this disclaimer receive any notice of meeting neither have I attended any such meeting where the purported adoption was made,” stating categorically that “This (adoption) is false and should be totally disregarded.”

CITY LAWYER had reported a letter addressed to the Secretary of Egbe Amofin Oodua and signed by Mr. Mohammed Monguno as “Member/Secretary” of Arewa Lawyers Forum where he stated: “Accordingly, on behalf of the leadership and members of Arewa Lawyers Forum and after a meeting of our Executive Committee, I have the honour to hereby convey our adoption, endorsement, satisfaction and the unanimous acceptance of the candidature of MR. DELE ADESINA SAN, FCIArb for the Office of the President of the Nigerian Bar Association in the forthcoming July 2020 Election.”

However, a group of lawyers led by NBA Lafia Branch Chairman, Mr. Mustapha Sadiq issued a disclaimer stating that “the person who signed the purported letter of endorsement did so on his own accord and spoke only for himself.” Messrs Lukman Usman Nuhu and Wada Ahmed Wada, Chairman of NBA Damaturu Branch and Ag. Chairman of NBA Ungogo Branch had also issued a separate notice distancing themselves from the adoption exercise.

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NBA ELECTIONS: ECNBA TO MEET CANDIDATES TOMORROW

The Electoral Committee of the NBA (ECNBA) has made good its promise to meet with candidates in the forthcoming NBA Elections. The electoral committee in a statement scheduled the meeting to hold tomorrow at 5 pm.

The sole agenda for the meeting is “Update on the Elections.”

The full text of the statement is below:

Please TAKE NOTICE that the ECNBA would be holding an online interactive session with all Candidates in the NBA National Officers Election 2020, Bar leaders, and Stakeholders.

Details of the meeting are as follows:

Date: Monday, the 27th day of July 2020.

Time: 5.00 PM

Agenda: Update on the Elections

Dial-in details will be sent by email to participants.

Dated this 26th Day of July 2020.

Cordelia U. Eke (Mrs)

Secretary, ECNBA

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NBA PRESIDENCY: AREWA LAWYERS FORUM ADOPT ADESINA

The political fortunes of Mr. Dele Adesina, one of the presidential candidates in the forthcoming Nigerian Bar Association (NBA) National Election, brightened today as the influential Arewa Lawyers Forum (ALF) has adopted him for the presidential race.

In a letter dated 24th July, 2020 and signed by the forum’s Secretary, Mr. Mohammed Monguno, the ALF referred to a letter from Egbe Amofin Oodua dated 20th March, 2020 recommending Adesina to the forum.

AREWA ADOPTION LETTER

The ALF stated that “we took time to consult very widely,” adding that “Accordingly, on behalf of the leadership and members of Arewa Lawyers Forum and after a meeting of our Executive Committee, I have the honour to hereby convey our adoption, endorsement, satisfaction and the unanimous acceptance of the candidature of MR. DELE ADESINA SAN, FCIArb for the Office of the President of the Nigerian Bar Association in the forthcoming July 2020 Election.”

The NBA Election is slated to hold on 29th and 30th July, 2020.

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NBA ELECTION: OGUNLANA VOWS TO FORGE AHEAD WITH MAIN SUIT

BY EMEKA NWADIOKE

Former Chairman of Nigerian Bar Association (NBA), Ikeja Branch, Mr. Adesina Ogunlana has vowed to go ahead with a lawsuit to determine his eligibility for the forthcoming NBA National Election, saying today’s ruling by a Lagos High Court sitting at Ikeja did not tamper with his right to institute the substantive action.

Though Ogunlana’s telephone numbers were switched off when CITY LAWYER attempted to contact him, his close aide and RAMINBA Secretary, Mr. Ayo Ademiluyi, said there is “serious misconception” regarding the court ruling, adding that “our main claim is very much alive.”

He said that the movement will proceed to conclude the Pre Action protocols within the next seven days before filing the substantive suit “to determine whether Mr. Ogunlana was validly excluded from the race and whether any NBA Chairman can on his own issue a Letter of Good Standing or refuse same as he wills.”

It is recalled that the court had dismissed Ogunlana’s application asking it to set aside his disqualification by the Electoral Committee of the NBA (ECNBA) or restrain the defendants from conducting the NBA Elections without his inclusion in the race. The electoral body had disqualified the former branch chieftain on the ground that his nomination forms did not include a “Letter of Good Standing” from his branch chairman.

But the Nigerian Bar Association asked the court to dismiss the suit. Represented by high-profile lawyer, Dr. Paul Ananaba SAN, the NBA brought a Notice of Preliminary Objection pursuant to Order 43 (Rule 1) of the Civil Procedure Rules 2019 of the High Court of Lagos State and under the inherent jurisdiction of the court. The motion was served on the Lead Counsel for Ogunlana, Mr. Dare Akande at exactly 6:12 pm yesterday. The matter is slated for hearing today before Justice Adedayo Oyebanji.

The Respondents are Incorporated Trustees of Nigeria Bar Association; Mr. Paul Usoro SAN (President of the Nigerian Bar Association); Mr. Jonathan Taidi (General Secretary, Nigeria Bar Association); and Professor (sic) Tawo Tawo SAN, Chairman, Electoral Committee of the Nigerian Bar Association. Others are ECNBA Secretary, Cordelia Eke, Esq. and Dele Oloke, Esq (immediate past chairman of Ikeja Branch of Nigerian Bar Association).

Marked as Suit No. ID/4015GCM/2020, Ogunlana is praying for “An interlocutory order of this honourable court directing and compelling the Defendants, to include the name of the Claimant/Applicant in the list of candidates to contest for the Office of the President of the Nigerian Bar Association in the 2020 National Officers’ Elections and allowing same to contest pending the determination of the Motion on Notice in this matter.”

In the alternative, the disqualified NBA presidential aspirant is seeking “AN ORDER of injunction restraining the Defendants from conducting elections into the office of the President of the Nigerian Bar Association, without including the name of the Claimant as a candidate on the 29th and 30th July, 2020 or on any other date pending the determination of the Motion on Notice in the matter.”

Filed on July 9, 2020 Ogunlana revealed in a broadcast on his verified Facebook handle that the matter has been assigned to Justice Adedayo Oyebanji of Ikeja High Court, adding that the court has penciled down the case for hearing “due to its urgent nature.” He reassured his supporters to “keep hope alive,” adding that though the election has been scheduled for 29th and 30th July, 2020, “nothing is sacrosanct.”

Ogunlana listed four grounds to justify his lawsuit, stating that
(i) The 4th and 5th Defendants/respondents’ electoral body, the Electoral Committee of the Nigerian Bar Association (ECNBA) claimed to have disqualified the claimant contesting the election because his Nomination Forms did not include a letter of Good Standing from the 6th defendant, the then Chairman of his branch, the Ikeja Branch of the Nigerian Bar Association as required by the constitution of the Nigerian Bar Association.

(ii) The claimant brought an Appeal based on the objection raised by the 4th and 5th Defendants as stated earlier above in paragraph 1 but his appeal was dismissed based on a completely different issue, and which is applicable to the appeal or case of the claimant.

(iii) The ground of dismissing the Appeal founded in section 8(3)(c) of the NBA Constitution 2015(as amended) vis-a-vis the issue raised and the absence of any evidence to show that the report of the insurance committee if Ikeja Branch of NBA has been set aside “is disjointed from the ground of Appeal itself, which is based on the Appeal against disqualification for absence of letter of Good Standing in the Nomination packet of the Claimant/Applicant.

(iv) The Claimant /Applicant will suffer irreparable loss if this honourable court declines the order sought.”

It is recalled that Ogunlana has had a cat-and-mouse relationship with the electoral body following his initial disqualification from the presidential race. Though he appealed the disqualification, claiming that Oloke lacked the power to withhold his “Letter of Good Standing,” the ECNBA dismissed his appeal as lacking in merit.

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ECNBA VERIFICATION VIDEO GOES VIRAL

The Electoral Committee of the Nigerian Bar Association (ECNBA) has released a video to enlighten eligible voters on how to engage in the verification exercise.

The 2:22 minutes long video outlines the step-by-step procedure required to complete the verification exercise on the NBA website.

It is recalled that the electoral committee had in its latest statement on the forthcoming NBA Elections extended the deadline for verification from July 20, 2020 to July 26, 2020, apparently in a bid to ensure that eligible voters are not disenfranchised due to their inability to verify. https://nigerianbar.org.ng/ecnba-statement-n015

The statement reads:

EXTENSION OF VERIFICATION EXERCISE

The ECNBA has observed that in the wake of the publication of its Statement No.14 extending the date of verification of Voters, there has been a huge increase in the number of Lawyers seeking to carry out their verification on the NBA Portal. The ECNBA has therefore decided to give a further extension of the date for verification of Voters.

The deadline for verification of Voters is now extended to 6.00PM on Sunday 26th July 2020. Eligible Voters are advised to take advantage of this further extension to get verified. Previously verified voters are required to log in to their portals and update their information, especially their contact details to ensure they have smooth access to the portal and are able to receive important information pertaining to the Voting exercise.

The NBA Help desks are still available to provide support for the verification exercise for those who require same.

Thank you all for your continued cooperation.

Dated this 20th day of July 2020.

Cordelia U. Eke (Mrs.)
Secretary, ECNBA

EMEKA NWADIOKE
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FIREWORKS, AS NBA ASKS COURT TO DISMISS OGUNLANA’S SUIT

BY EMEKA NWADIOKE

• WARNS THAT GRANT OF ORDER WILL ‘CAUSE ANARCHY’
• SAYS COURT LACKS JURISDICTION TO HEAR MATTER
• ‘THIS APPLICATION WILL TRUNCATE NBA ELECTION IF…’
• ‘WE HAVE DONE NOTHING WRONG’

The Nigerian Bar Association has asked the Lagos High Court to dismiss the suit brought by controversial former NBA Ikeja Branch Chairman, Mr. Adesina Ogunlana seeking to restore his as a candidate for the forthcoming NBA Elections.

Court papers sighted by CITY LAWYER show that the NBA is being represented by high-profile lawyer, Dr. Paul Ananaba SAN, even as it is in the alternative praying the court to strike out the application.

The Notice of Preliminary Objection is brought pursuant to Order 43 (Rule 1) of the Civil Procedure Rules 2019 of the High Court of Lagos State and under the inherent jurisdiction of the court. The motion was served on the Lead Counsel for Ogunlana, Mr. Dare Akande at exactly 6:12 pm yesterday. The matter is slated for hearing today before Justice Adedayo Oyebanji.

Ogunlana had filed a Motion on Notice dated July 18, 2020 asking the court to set aside his disqualification by the Electoral Committee of the NBA (ECNBA) or restrain the defendants from conducting the NBA Elections without his inclusion in the race. The electoral body had disqualified the former branch chieftain on the ground that his nomination forms did not include a “Letter of Good Standing” from his branch chairman.

But the NBA is through its Trustees praying the court not to grant the order, warning that it would “cause anarchy and division within the Nigerian Bar Association.” Instead, it is praying for “An order dismissing this action for lack of jurisdiction or in the alternative,” “An order striking out this action for lack of jurisdiction.”

Dated 23rd July, 2020 the grounds for the application are that “the applicant has failed to comply with due process of law,” “The Honourable Court lacks jurisdiction to determine this suit,” “This application is aimed at truncating the Nigerian Bar Association Election slated for the 29th and 30th of July, 2020” and “This application amounts to forum shopping which is an abuse of court process.”

The application is supported by a 4-paragraph affidavit deposed by one Gbenga Ayorinde, a litigation officer in the 1st Respondent’s counsel’s chambers.

The deponent averred inter alia “That the Applicant stated clearly in his Affidavit that he did not submit Letter of good standing as provided by the Nigerian Bar Association Electoral Law and Rules,” adding that “The duties of the 1st Respondent is to ensure Electoral laws and Rules are complied with.

He stated that “the first Respondent has done nothing wrong” and “That the Applicant has not instituted any substantive suit in this matter.” The deponent also stated that aside from the application amounting to forum shopping, “granting this (application) will cause anarchy and division within the Nigerian Bar Association.” According to him, “the court does not have jurisdiction to interfere in internal affairs of Nigerian Bar Association.”

It is recalled that Ogunlana had dragged the NBA and its electoral committee to the High Court of Lagos State sitting at Ikeja, praying for several orders.

‘PAY YOUR PENSIONERS NOW,’ COURT ORDERS NNPC

The National Industrial Court in Lagos has ordered the Nigerian National Petroleum Corporation (NNPC) and NNPC Pension Fund Limited to pay harmonised pensions to NNPC retirees. Justice Elizabeth Oji gave the two defendants 90 days within which to comply with the order, while also awarding N20,000 costs against them.

The judge made the order in a judgment delivered on Monday, which was obtained by a national newspaper yesterday.

She upheld the prayers made by the claimants, Dr. Ikechukwu Nwobodo and 13 others, through their counsel Adeleke Agboola, in a suit marked NICN/LA/329/2019. The judge directed the firms to pay the harmonised pension to the claimants from January 1, 1997 till date, in accordance with Section 173 of the 1999 Constitution.

The NNPC had contended that the payment of pension should be based on ‘affordability and sustainability.’ But, rejecting the argument, Justice Oji noted that a Federal Government Civil Service Circular in 1998 directed all government departments to implement harmonised pensions for public service retirees.

The judge held: “The defendants are hereby directed to pay to the claimants forthwith all accrued pensions calculated with effect from 1st of January, 1997 on emoluments currently earned by their serving counterparts …and subsequently all such pensions and when due.

“The defendants’ decision to pay the claimants pensions on the basis of ‘affordability and sustainability’ or ex gratias is ultra vires, null and void.

“The defendants are hereby directed to comply fully with the provisions of Sections 39 of the Pension Reform Act… and to fully fund the pension scheme in accordance with the directives of National Pension Commission.”

The full text of the judgement is available here.

EMEKA NWADIOKE
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OGUNLANA SUES, ASKS COURT TO STOP NBA ELECTION IF…

BY EMEKA NWADIOKE

• FATE OF ELECTION HANGS IN BALANCE

• COURT SET TO HEAR SUIT FRIDAY

The fate of the forthcoming Nigerian Bar Association National Officers Elections is now hanging in the balance as a Lagos High Court sitting in Ikeja will on Friday hear a lawsuit brought by controversial former Chairman of the Nigerian Bar Association (NBA), Ikeja Branch, Mr. Adesina Ogunlana against his disqualification from the presidential race.

In court documents seen by CITY LAWYER, Ogunlana is asking the court to set aside his disqualification by the Electoral Committee of the NBA (ECNBA) or restrain the defendants from conducting the NBA Elections without his inclusion in the race. The electoral body had disqualified the former branch chieftain on the ground that his nomination forms did not include a “Letter of Good Standing” from his branch chairman.

(iv) The Claimant /Applicant will suffer irreparable loss if this honourable court declines the order sought.”

EMEKA NWADIOKE
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EFCC SET TO ARRAIGN TWO LAWYERS OVER USORO’S ELECTION

BY EMEKA NWADIOKE

CONFIRMS CITY LAWYER REPORT

Echoes of the election that brought outgoing Nigerian Bar Association (NBA) President, Mr. Paul Usoro SAN has reverberated as the Economic and Financial Crimes Commission (EFCC) may soon arraign suspects in the controversial election.

Filed as Suit no FHC/L/118c/2020, the EFCC is, according to GAVEL INTERNATIONAL accusing the duo of Sarah Omeigha Ajibola, and John Ozovehe Demide of allegedly rigging the August 2018 NBA Elections in favour of Usoro .

The charge confirms CITY LAWYER exclusive report that “The Economic and Financial Crimes Commission (EFCC) may have swooped on senior lawyer and Nigerian Bar Association (NBA) administrative lynchpin, Sarah Ajijola over an alleged cash payment received from one of the presidential candidates in the last elections.

“An impeccable source who is familiar with the EFCC investigations told CITY LAWYER that Ajijola, NBA’s Director of Membership & Bar Services, was pulled in by the anti-graft agency for questioning over a N25,000 inflow into her bank account in the run-up to the controversial 2018 NBA Elections.

“The EFCC is investigating the outcome of the elections following an alleged petition by Mr. Olumuyiwa Olowokure who was an agent to Chief Arthur Obi Okafor SAN, one of the presidential candidates in the elections. Olowokure is now deceased.”

According to latest report, the charge has been filed at the Federal High Court, though the arraignment has been stalled by the coronavirus pandemic crisis.

The charges were reportedly filed on May 5, 2020 and signed by EFCC prosecutors led by Mr Rotimi Oyedepo Iseoluwa and including Bilikisu Buhari Bala, Usman Umar Buhari, Mohammed Abbas Omeiza, Suleiman I. Suleiman, and Kufre Uduak on behalf of the Executive Chairman of EFCC.

Below are the charges:
COUNT-1

That you, Sarah Omeigha Ajibola and John Ozovehe Demide sometime in August 2018, within the Jurisdiction of this Honourable Court conspired amongst yourselves to knowingly alter the email addresses and phone numbers of about 1004 (One Thousand and Four) eligible voters of the Nigerian Bar Association 2018 elections with the intention that such inauthentic data will be acted upon as genuine during the said election and you think thereby committed an offence contrary to Section 27 (1)(b) of the Cybercrime ( Prohibition, Prevention etc) Act, 2015 and punishable under Section 13 of the same Act.

COUNT-2

That you, Sarah Omeigha Ajibola and John Ozovehe Demide sometime in August 2018, within the Jurisdiction of the Honourable Court aided the commission of an offence to wit: to knowingly alter the email addresses and phone numbers of about 1004(One Thousand and Four) eligible voters of the Nigerian Bar Association 2018 National elections with the intention that such inauthentic data will be acted upon as genuine during the said election and you thereby committed an offence contrary to Section 27 (1)(b)of the Cybercrime (Prohibition, Prevention etc) Act 2015 and punishable under Section 13 of the same Act

COUNT-3
That you, Sarah Omeigha Ajibola and John Ozovehe Demide sometime in August 2018, within the Jurisdiction of this Honourable Court knowingly altered the email addresses and phone numbers of about 1004 (One Thousand and Four) eligible voters of the Nigerian Bar Association 2018 National elections with the intention that such inauthentic data will be acted upon as genuine during the said election and you thereby committed an offence contrary to and punishable under Section 13 of the Cybercrime (Prohibition, Prevention etc) Act,2015.

COUNT-4

That you, John Ozovehe Demide sometime on the 19th of August 2018, within the Jurisdiction of this Court fraudulently used the unique identification features such as Name and Supreme Court Enrolment Number SCN043280 of one Gabriel Abijo Oladipo to vote as the same Gabriel Abijo Oladipo through your Smile modem on IP address 169.159.65.190 to vote with intent of gaining electoral advantage in favour of Mr. Paul Usoro (SAN) who was one of the Presidential Aspirants during the 2018 Nigerian Bar Association elections and you thereby committed an offence contrary to and punishable under Section 22(2) of the Cybercrime (Prohibition, Prevention etc) Act, 2015 under the same section.

COUNT-5

That you, Sarah Omeigha Ajibola and John Ozovehe Demide sometime on the 19th of August 2018, within the Jurisdiction of this Court aided the commission of an offence to wit: fraudulently using the unique identification features such as Name and Supreme Court Enrolment Number SCN043280 of one Gabriel Abijo Oladipo to vote as the same Gabriel Abijo Oladipo through the Smile modem on IP address 169.159.65.190 to vote with the intent of gaining electoral advantage in favour of Mr. Paul Usoro (SAN) who was one of the Presidential Aspirants during the 2018 Nigerian Bar Association National elections and you thereby committed an offence contrary to Section 27 (1)(b) and punishable under Section 22 (2) of the Cybercrime ( Prohibition, Prevention etc) Act, 2015.

COUNT-6

That you, John Ozovehe Demide sometime on the 19th August 2018, within the Jurisdiction of this Honourable Court fraudulently impersonated one Gabriel Abijo Oladipo with Supreme Court Enrolment Number SCN043280 by voting as such through your Smile modem on IP address 169.159.65.190 to vote with the intent of gaining electoral advantage in favour of Mr. Paul Usoro (SAN) who was one of the Presidential Aspirants during the 2018 Nigerian Bar Association National elections and you thereby committed an offence contrary to and punishable under Section 22 (2) of the Cybercrime ( Prohibition, Prevention etc ) Act, 2015.

COUNT-7

That you, Sarah Omeigha Ajibola and John Ozovehe Demide sometime on 19th August 2018, within the Jurisdiction of this Honourable Court aided the commission of an offence to wit: fraudulently use the unique identification features such Name and Supreme Court Enrolment Number SCN088449 of one Uthman Adeleye Oluwaseun to vote as the same Uthman Adeleye Oluwaseun through the Smile Modem on IP address 169.159.65.190 to vote with intent of gaining electoral advantage in favour of Mr. Paul Usoro (SAN) who was one of the Presidential Aspirants during the 2018 Nigerian Bar Association elections and you thereby committed an offence contrary to Section 27 (1)(b) and punishable under Section 22 (2) of the Cybercrime (Prohibition, Prevention etc) Act,2015

COUNT-8
That you, John Ozovehe Demide sometime on 19th August 2018, within the Jurisdiction of this Honourable Court fraudulently impersonated one Uthman Adeleye Oluwaseun with Suu preme Court Enrolment Number SCN088449 by voting as such through your Smile modem on IP address 169.159.65.190 to vote with intent of gaining electoral advantage in favour of Mr. Paul Usoro (SAN) who was one of the Presidential Aspirants during the 2018 Nigerian Bar Association elections and you thereby committed an offence contrary to and punishable under Section 22 (3) of yhe cybercrime ( Prohibition, Prevention etc) Act, 2015.

COUNT-9

That you, Sarah Omeigha Ajibola and John Ozovehe Demide sometime on the 19th day of August 2018, within the Jurisdiction of this Court aided the commission of an offence to wit: fraudulently using the unique identification features such as Name and Supreme Court Enrolment Number SCN015233 of one David Anakor through the Smile modem on IP address 169.159.65.190 to vote with intent of gaining electoral advantage in favour of Mr. Paul Usoro (SAN) who was one of the Presidential Aspirants during the 2018 Nigerian Bar Association elections and you thereby committed an offence contrary to Section 27 (1)(b) and punishable under Section 22 (2) of the Cybercrime ( Prohibition, Prevention etc) Act, 2015.

COUNT-10
That you, John Ozovehe Demide sometime on the 19th day of August 2018, within the Jurisdiction of this Court fraudulently impersonated one David Anakor with Supreme Court Enrolment Number SCN015233 by voting as such through your Smile modem on IP address 169.159.65.190 to vote with intent of gaining electoral advantage in favour of Mr. Paul Usoro (SAN) who was one of the Presidential Aspirants during the 2018 Nigerian Bar Association elections and you thereby committed an offence contrary to and punishable under Section 22(3) of the Cybercrime (Prohibition, Prevention etc) Act,2015

COUNT-11
That you, Sarah Omeigha Ajibola and John Ozovehe Demide sometime on the 20th day of August 2018, within the Jurisdiction of this Court aided the commission of an offence to wit: fraudulently using the unique identification features such as Name and Supreme Court Enrolment Number SCN114439 of one Chiagoziem Bethel Aninilu to vote as the same Chiagoziem Bethel Aninilu through the Smile modem on IP address 197.210.216.226 to vote with intent of gaining electoral advantage in favour of Mr. Paul Usoro (SAN) who was one of the Presidential Aspirants during the 2018 Nigerian Bar Association National elections and you thereby committed an offence contrary to Section 27 (1)(b) and punishable under Section 22 (2) of the cybercrime (Prohibition, Prevention etc) Act, 2015.

COUNT-12
That you, John Ozovehe Demide sometime on the 20th day of August 2018, within the Jurisdiction of this Court fraudulently impersonated one Chiagoziem Bethel Aninilu with Supreme Court Enrolment Number SCN114439 by voting as such through your Smile modem on IP address 197.210.216.226 to vote with intent of gaining electoral advantage in favour of Mr. Paul Usoro (SAN) who was one of the Presidential Aspirants during the 2018 Nigerian Bar Association elections and you thereby committed an offence contrary to and punishable under Section 22 (3) of the cybercrime (Prohibition Prevention etc) Act, 2015.

COUNT-13
That you, Sarah Omeigha Ajibola and John Ozovehe Demide sometime on the 20th day of August 2018, within the Jurisdiction of this Court aided the commission of an offence to wit: fraudulently using the unique identification features such as Name and Supreme Court Enrolment Number SCN024643 of one Bankole Isaac Toyin to vote as the same Bankole Isaac Toyin through the Smile modem on IP address 169.159.65.190 to vote with intent of gaining electoral advantage in favour of Mr. Paul Usoro (SAN) who was one of the Presidential Aspirants during the 2018 Nigerian Bar Association National elections and you thereby committed an offence contrary to Section 27 (1)(b) and punishable under Section 22 (2) of the cybercrime (Prohibition, Prevention etc) Act,2015.

COUNT-14
That you, John Ozovehe Demide sometime on the 20th day of August 2018, within the Jurisdiction of this Court fraudulently impersonated one Bankole Isaac Toyin to vote as the same Bankole Isaac Toyin with Supreme Court Enrolment Number SCN024643 by voting as such through your Smile modem on IP address 169.159.65.190 to vote with intent of gaining electoral advantage in favour of Mr. Paul Usoro (SAN) who was one of the Presidential Aspirants during the 2018 Nigerian Bar Association elections and you thereby committed an offence contrary to and punishable under Section 22 (3) of the cybercrime (Prohibition, Prevention etc) Act, 2015.

VERIFICATION: ECNBA EXTENDS DEADLINE, CITES MASSIVE LAWYERS’ INTEREST

The Electoral Committee of the Nigerian Bar Association (ECNBA) has extended the deadline for lawyers verify their profiles for the forthcoming NBA Elections.

In an ECNBA Statement No. 015 titled “Extension of verification exercise” and signed by the committee Secretary, Mrs. Cordelia Eke, the electoral body stated that the verification exercise will now end barely three days to the election on Sunday, July 26, 2020.

Though the electoral committee had initially extended the deadline to yesterday, it stated that the latest extension was informed by “a huge increase in the number of Lawyers seeking to carry out their verification on the NBA Portal.”

According to the ECNBA, “The deadline for verification of Voters is now extended to 6.00PM on Sunday 26th July 2020. Eligible Voters are advised to take advantage of this further extension to get verified. Previously verified voters are required to log in to their portals and update their information, especially their contact details to ensure they have smooth access to the portal and are able to receive important information pertaining to the Voting exercise.”

Though the NBA Constitution (as amended) mandates the ECNBA to publish the voters’ register and deliver same to branches latest 28 days to the election, the register has been beset by several challenges, even as some names were duplicated. This has necessitated a clean-up of the register alongside the verification exercise.

While the committee had earlier set a deadline to end the verification exercise, this became untenable due to several complaints regarding the cumbersome nature of the process.

Below is the full text of the ECNBA statement.

EXTENSION OF VERIFICATION EXERCISE

The NBA Help desks are still available to provide support for the verification exercise for those who require same.

Thank you all for your continued cooperation.

Dated this 20th day of July 2020.

Cordelia U. Eke (Mrs.)
Secretary, ECNBA

EMEKA NWADIOKE
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AKPATA CARPETS ECNBA, SAYS ELECTIONS WON’T BE FREE, FAIR

BY EMEKA NWADIOKE

* SAYS NBA PORTAL IS ‘EXTREMELY POROUS,’ BEING MANIPULATED

* ‘YOUR OPACITY IS A SOURCE OF CONCERN’

* WARNS THAT MANY ELIGIBLE VOTERS MAY BE SHUT OUT

A leading presidential candidate in the forthcoming Nigerian Bar Association (NBA) Elections, Mr. Olumide Akpata has raised alarm over what he called “looming disenfranchisement of voters and possible manipulation” of the elections, saying the operations of the Electoral Committee of the NBA (ECNBA) is bedeviled by “general opacity.” In a three-page letter to the electoral committee, the former NBA Section on Business Law (NBA-SBL) Chairman urged the electoral body to urgently address these concerns to reassure stakeholders.

In the three-page letter titled “Urgent need to avert the looming disenfranchisement of voters and possible manipulation of the forthcoming NBA 2020 elections,” Akpata who is a Founding Partner at TEMPLARS, a tier-1 law firm, commended the electoral committee “for its good intent and efforts towards conducting credible 2020 elections into the national offices of the NBA.”

He however said he was constrained “to register respectfully my reservations concerning the persistent issues affecting the voters’ register and verification process.” He identified three major factors that may imperil the elections, including “seriously flawed final voters’ list,” “frustrating and cumbersome verification process,” and “opacity regarding the technology and modalities for the elections.”

In a damning rebuke of the electoral body, Akpata frowned on what he termed the “general opacity regarding the conduct of the forth-coming elections,” adding that while he is keen to see that the elections are free, fair and transparent, “The realities surrounding the electoral process presently, with respect, do not suggest that this would be the case, as I explain below.”

According to him, the final voters register as published by the ECNBA is fraught with “tell-tale duplicity of names,” adding that “whilst the final voters’ list contains both duplicated and apparently non-existent names, I am informed that it omits a significant number of NBA members who paid their BPF and Branch Dues on time.”

On the verification exercise, Akpata stated that it “appears to have the effect of preventing prospective voters from exercising their franchise,” adding that “In many cases, it takes days for verification emails to be sent whilst some members simply do not get verified no matter how many times they try.”

Akpata stated that it is “more distressing” that the NBA portal on which the verification exercise is to be conducted appears not to be secure and can be easily manipulated.” He said that a report from an IT consultancy firm recruited by him to assess the vulnerability of the NBA portal “shows clearly that the portal is extremely porous,” adding that the portal “has serious vulnerabilities which could be exploited by anyone to manipulate the process in favour of or against particular candidates.”

He noted that lack of information on specific modalities for the elections is “quite disturbing,” adding that “the ECNBA needs to address the point publicly now.” Noting that the 2018 election “raised many valid concerns which must be avoided this time around,” Akpata warned that “Anything short of a fully transparent, free, fair, credible and user-friendly electoral process in the forthcoming elections would thoroughly offend the collective sensibilities of the members of the NBA which the ECNBA was constituted to serve.”

He demanded that the electoral body should publish “a complete and accurate list of eligible voters in the forthcoming elections” as well as release the statement of account from Access Bank Plc evidencing NBA members who met the March 31 deadline for payment of Bar Practising Fee.

Akpata also asked the ECNBA to “simplify and secure” the verification process and disclose the technology to be deployed for the elections, the IT vendor and measures put in place to secure the voting portal.

Suggesting that the electoral committee jettison its insistence on a Nigeria registered IT company as vendor for the elections, Akpata stated that most professional associations including NBA Lagos Branch had deployed “technology service providers that specialize in electronic voting.” He urged the ECNBA to “adopt this standard” to ensure free and credible elections.

July 2020

THANK YOU ALL FROM DELE ADESINA, SAN, FCIArb.

OJUKWU CALLS NEW VOTERS’ LIST A ‘FRAUD’

‘INTERNATIONAL DIASPORA’ LISTED AS NBA BRANCH

OBOLLO AFOR JUMPS FROM 39 TO 662 MEMBERS

ECNBA ASSURES VOTERS AGAIN

ECNBA PURGES 1604 NAMES FROM VOTERS’ LIST

BARS FURTHER CAMPAIGNS

WARNS AGAINST PARALLEL ‘HELP DESKS’

‘NO CAUSE FOR ALARM,’ SAYS ECNBA

* BAYO OJO, PRESIDENTIAL CANDIDATES, OTHERS SPEAK * OVER 30,000 VOTERS TO ELECT NEXT NBA PRESIDENT * ECNBA BLASTS AKPATA FOR ‘OPEN LETTER’ * AKPATA REPLIES ECNBA, INSISTS NBA PORTAL IS ‘VULNERABLE’ * ECNBA WARNS CANDIDATES AGAINST ELECTION ‘HELP DESKS’

• WARNS THAT GRANT OF ORDER WILL ‘CAUSE ANARCHY’ • SAYS COURT LACKS JURISDICTION TO HEAR MATTER • ‘THIS APPLICATION WILL TRUNCATE NBA ELECTION IF…’ • ‘WE HAVE DONE NOTHING WRONG’

• FATE OF ELECTION HANGS IN BALANCE

• COURT SET TO HEAR SUIT FRIDAY

CONFIRMS CITY LAWYER REPORT

* SAYS NBA PORTAL IS ‘EXTREMELY POROUS,’ BEING MANIPULATED

* ‘YOUR OPACITY IS A SOURCE OF CONCERN’

* WARNS THAT MANY ELIGIBLE VOTERS MAY BE SHUT OUT

* BAYO OJO, PRESIDENTIAL CANDIDATES, OTHERS SPEAK
* OVER 30,000 VOTERS TO ELECT NEXT NBA PRESIDENT
* ECNBA BLASTS AKPATA FOR ‘OPEN LETTER’
* AKPATA REPLIES ECNBA, INSISTS NBA PORTAL IS ‘VULNERABLE’
* ECNBA WARNS CANDIDATES AGAINST ELECTION ‘HELP DESKS’

• WARNS THAT GRANT OF ORDER WILL ‘CAUSE ANARCHY’
• SAYS COURT LACKS JURISDICTION TO HEAR MATTER
• ‘THIS APPLICATION WILL TRUNCATE NBA ELECTION IF…’
• ‘WE HAVE DONE NOTHING WRONG’

**CONFIRMS CITY LAWYER REPORT**