July 2020

NBA PRESIDENCY: OLUJINMI, CLARKE, PINHEIRO BACK ADESINA TO WIN

A leading presidential candidate in the forthcoming Nigerian Bar Association (NBA) National Elections, Mr. Dele Adesina SAN has received double endorsements by key senior lawyers, including a former Attorney General & Minister of Justice.

Throwing his weight behind Adesina, former Nigeria’s chief law officer, Chief Akin Olujinmi SAN described him as “a dynamic, well-informed, focused, respectable and above all, courageous hardworking individual.”

On his part, Chief Robert Clarke SAN observed that the “leadership of the Nigerian Bar Association is very key to the fundamental issues of independence of the Judiciary, the advancement of the Legal Profession itself, and the sustenance of Constitutional Democracy In Nigeria.”

Delivering his verdict on the candidates, Clarke declared that the former NBA General Secretary “towers above the other candidates and that is why I recommend him as “

Popular litigator, Mr. Kemi Pinheiro SAN described Adesina as a “passionate human being with demonstrable commitment to whatever he believes in,” adding that he has a “strong and assertive personality.”

Below are the full texts of the statements:

I rise to join my other colleagues who have endorsed Dele Adesina SAN for election as President of the NBA. At this time of vanishing respect for the rule of law by those who govern us, challenges confronting the administration of justice, the need to make the juniors upward mobile in our noble profession and a host of other matters, it is indisputable that we need in the saddle, a dynamic, well – informed, focused, respectable and above all, courageous hardworking individual.

The individual is Dele Adesina SAN, a strong and committed member of the NBA, who has served our association meritoriously in various capacities and evidently parades rich experiential credential for service at a higher level. I can confirm from my interaction with Dele that he is pulsating with a lot of fresh ideas, fresh thinking and fresh vision that will take our dear NBA to a higher level. Vote Dele Adesina for President.

Chief Akin Olujinmi, CON, SAN

“Another round of Election of the Nigerian Bar Association is less than a month ahead and interested candidates are already jostling for the Office of the President of the Association.

“These include Mr. Dele Adesina SAN, Dr. Babatunde Ajibade SAN and Olumide Akpata ESQ. The leadership of the Nigerian Bar Association is very key to the fundamental issues of independence of the Judiciary, the advancement of the Legal Profession itself, and the sustenance of Constitutional Democracy In Nigeria.

“Recently, the general administration of justice in Nigeria has also faced contending issues of serious dimensions capable of eroding the trust and confidence of the people in our justice system.

“This Election should produce the best that is available among these candidates in terms of experience, firm understanding of the issues of our judicial system, including leadership courage to speak truth to power. Rhetoric and promises should be of no value, but knowledge, antecedents, and experience of what the candidates have done in the past in the above areas must constitute the principal considerations.

“It is my opinion that Mr. DELE ADESINA SAN, whom I have seen at close quarters, listened to at several fora and more importantly, a past General Secretary of the Nigerian Bar Association in an administration adjudged to be dynamic and progressive in the defence of Rule of Law, towers above the other candidates and that is why I recommend him.”

Chief Robert Clarke SAN

I knew Dele Adesina SAN a long time ago. How did we meet each-other? We appeared against each-other in a matter at the Federal High Court. About four Senior Advocates were involved in that matter.

Heated and prolonged arguments had taken place at two different court sessions. At the end of each session, Mr. Adesina and I will appreciate each other for the candour and passion demonstrated in the course of advancing our respective client’s interest in court. One thing led to the other, we became close friends and of course we started paying attention to each-other’s advancement in the Profession.

I found in him a strong and assertive personality. A passionate human being with demonstrable commitment to whatever he believes in. Mr Adesina is a Bar man per excellence, a gentleman to the core. As Chairman, he raised the bar of NBA Ikeja Branch to an unprecedented level.

As General Secretary of the Bar, during the Presidency of Chief Wole Olanipekun SAN OFR, the Executive left a foot-print and verifiable legacy for the Bar. As the Chairman of the Nigerian Bar Association, Rule of Law Action Committee during Okey Wali’s Presidency, he brought tremendous focus and attention into the issues of Rule of Law in the nation.

It is for these reasons and many more that I am supporting him for the Office of the President of the Nigerian Bar Association. He is a performer who will effectively bring his great experience in leadership to bear not only on the affairs of the Association but also on the Profession.

I have no doubt that he will promote the interest and welfare of young Lawyers. His capacity and courage to defend the Rule of Law and independence of the judiciary is well-known. The Nigerian Bar Association needs him at this period.

Kemi Pinheiro SAN

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DAUDU BACKS OKEY OHAGBA TO WIN NBA GEN SEC RACE

The political fortunes of Port Harcourt-based Bar-man and candidate for the post of Nigerian Bar Association (NBA) General Secretary, Mr. Okey Ohagba brightened at the weekend following his endorsement by Mr. Paul Babatunde Daudu, scion of former NBA President, Mr. Joseph Daudu SAN. The erstwhile NBA helmsman is recognised as a major power broker in NBA politics. Continue Reading

‘HOW ECNBA CAN AVOID RIGGING OF 2020 ELECTIONS,’ BY ODINKALU

Human rights advocate and former Chairman of National Human Rights Commission (NHRC), Prof. Chidi Odinkalu has predicted that the Nigerian Bar Association (NBA) National Officers Elections scheduled to open on July 29 will be rigged. In an article titled “The 2020 Elections of the Nigerian Bar Association Will Be Rigged: Here is How,” Odinkalu outlines perceived gaps in the ongoing electoral process, expressing fears that the NBA leadership may lack the political will to conduct free, fair and credible elections.

THE 2020 ELECTIONS OF THE NIGERIAN BAR ASSOCIATION WILL BE RIGGED: HERE IS HOW

By Chidi Anselm Odinkalu

In his infamous letter issued last month to the 1998 transitional President of the Nigerian Bar Association (NA), Chief T.J.O. Okpoko, a Senior Advocate of Nigeria (SAN), senior Nigerian lawyer, Chief Adegboyega Awomolo, himself also a SAN, appealed that “it will be a great failure of leadership for the senior advocate to surrender leadership to outer Bar when there are willing and able senior advocates.” In an election in which two of the three aspirants for the top prize of president of the Nigerian Bar Association (NBA) are SANs, this was as close as anyone could come to openly advocating rigging the election à la carte, without calling the crime by its name. Barring last minute course correction by the Electoral Committee of the NBA (ECNBA), Chief Awomolo is likely to get his wish: these 2020 NBA elections, like the two before it in 2016 and 2018, have been set up to be rigged to order.

While Chief Awomolo may have provided the motive or rationale for rigging the NBA election, the mechanics of procuring the rigging are in the hands of the ECNBA. By way of context, it is useful to explain that the NBA elections are digital. In their 2018 book, How to Rig an Election, Nic Cheeseman and Brian Klaas point out that “once upon a time, to do the dirty of changing votes, you had to be present in the actual polling location. That is no longer true.” In an earlier piece of work on “Making Democracy Harder to Hack” published in the Michigan Journal of Law Reform in 2017, Scott Shackleford and his collaborators examined essential vulnerabilities that make rigging possible in digital democracy, focusing in particular on three aspects: who can vote (voter rolls); who you vote for (voting platforms) and vote computation. (how many votes each candidate receives). As will be shown shortly, all three vulnerabilities are deliberately built into the NBA’s electoral processes.

Essentially, there are four vulnerabilities that have been designed to guarantee rigging of the vote in the 2020 NBA election. These are voter rolls (register), portal integrity (or lack of it), voter verification opacity and prohibitive transaction cost, and lack of independence in the ECNBA. I will explain each of these briefly.

Voter Register: Voters in NBA ballot have to meet three conditions. First, they must be enrolled as lawyers in Nigeria. This is easily confirmed from the Roll of lawyers kept with the Supreme Court. Every lawyer on the Roll has an enrolment number, with which their enrolment can be verified. Second, the person must have paid their annual practicing fees by 31 March. The collecting bank for this is Access Bank. It should be easy to verify those who paid from the records or tellers of the bank. In reality, the only people who have access to this record are the President of the NBA and those whom he wishes to. Third, the voter must also have paid his or her branch dues by 31 March. The NBA comprises 125 branches. Each branch manages its own processes for collecting dues. These are not standardized. The list of eligible payees is at the say so of the different branch chairmen.

Without access to the records of the bank or of the branches, the register of voters lacks integrity and it shows. When the ECNBA issued the provisional register at the end of May 2020, it contained 21,067 names. By the time it issued what it called a final list one month later in June, it had ballooned by 186.65% to 39,321. A close reading of the list shows it contains multiple repetitions, omissions and even figments. People who did not pay the practicing fees are there while many who paid are not. Many branch chairmen have no records of people whom they have put forward as having paid branch dues. There are credibly attested reports of chairmen printing receipts of payment and backdating fictional payments. One particular voter on the list goes by the incredible name of “Opening Balance”. The joke is that this voter has a twin, who is also a lawyer called “Closing”. Their Dad, Mr. Balance, must be proud!

Portal Integrity: In 2018, the voting portal for the NBA election was from a compromised provider. In 2020 it is not clear who the provider is. The portal appears to be managed by the NBA itself. It is not clear who has built it. There is neither transparency to its provenance nor verifiability or falsifiability to its operations and computations. As such, its integrity can neither be investigated nor guaranteed. It should be easy to engage external monitors for this purpose or engage the leading campaigns to designate back-end agents to monitor and verify the integrity of the operations. Neither the leadership of the NBA nor the ECNBA constituted by it is willing to grant either.

Verification Opacity and Prohibitive Transaction Cost: By meeting the three conditions for getting on the voter register, a potential voter does not earn the right to vote as such. S/he only qualifies for the privilege of verification. To do this, the voter is required to go to the portal and key in their details, including uploading their qualifying certificate and providing an e-mail address to which a password can be sent to them. The uploading can take up to three to four days. Many voters find this frustrating and opt out. Passwords are generated by the portal and changed by it at will without the agency of the voter. The voting register does not contain the e-mail address of the voter, so it is impossible to verify in any forensic process whether an e-mail corresponds to any particular voter. On their part, the ECNBA and the NBA can put forward data-protection concerns for circumspection with publishing of the e-mail addresses. In response, surely, that cannot be cited to justify creating deliberate balloting vulnerability. This opacity guarantees inflation of actual voting. In 2018, this was precisely the vulnerability that allowed for clusters of voting to happen using fake Firemail addresses generated from one source. That is almost guaranteed to occur in 2020. The prohibitive transaction cost is engineered for targeted disenfranchisement of voting clusters or conurbations seen as favourably disposed to unfavoured candidates.

Lack of Independence in ECNBA: Appointed to supervise the NBA election, the ECNBA lacks independent appropriations and operations. It has to function through the NBA Secretariat under the direction of the NBA President. Despite the existence of an ECNBA, aspirants and candidates continue(d) to receive letters from the NBA Secretariat and the NBA continues to be involved in directing essential aspects of the election value chain. The absence of institutional and process independence could itself become a dent on the personal integrity of members of the ECNBA.

It happened in 2016 and 2018. The litigation commenced in 2016 against the outcome of the rigged election to the position of the NBA presidency was only concluded at the end of the tenure of the beneficiary in 2018. After the 2018 election, the Economic and Financial Crimes Commission (EFCC) and the State Security Service (SSS) instituted investigations into the rigging of the ballot for the NBA presidency. Several staff of the NBA Secretariat were arrested. In one case, a young mother who works as staff of the NBA was arrested and detained for nearly two weeks.

The ECNBA has an opportunity even now 2020 to avoid these. It can easily infuse greater transparency into its operations. It can invite independent monitors to certify the integrity of its operations. All the accredited campaigns should be entitled to records that should enable them to certify the integrity of the process. These are not expensive steps. The only reason none will happen is because the NBA elections will be rigged. I will be happy to be proved wrong and to eat humble pie.

This, then, is the architecture of rigging that almost assuredly guarantees that Chief Awomolo and his gang of insecure, entitled antediluvians will get his wish. As I have said elsewhere, any system in which a minority feels entitled to rule over the majority has only one name: Apartheid. It should be resisted.

Odinkalu is Co-Convenor of the Open Bar Initiative and writes in his personal capacity.

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

 

NBA ELECTIONS: ELECTORAL C’TE CLEARS ADESINA, AJIBADE, AKPATA, BARS 15 OTHERS

BY EMEKA NWADIOKE

• WITHDRAWS CLEARANCE TO GENERAL SECRETARY ASPIRANT
• DISQUALIFIES 2 INCUMBENT NATIONAL OFFICERS
• SETS JULY 15 DEADLINE FOR VERIFICATION
• VOWS TO DISQUALIFY CANDIDATES WHO FLOUT CAMPAIGN RULES
• SETS MONDAY DEADLINE FOR SUBMISSION OF MANIFESTOS
• ASKS CANDIDATES TO DISMANTLE PARALLEL HELP DESKS

The Electoral Committee of the Nigerian Bar Association (ECNBA) has released the list of candidates to contest the forthcoming NBA National Officers Elections.

While 28 candidates – including three presidential candidates – made the final list, 15 aspirants could not pass through the crucible of the screening process, including two incumbent national officers.

While 19 aspirants were initially disqualified by the electoral committee, 18 filed appeals while one opted not to file any appeal. The ECNBA withdrew the initial provisional clearance granted an aspirant for the post of General Secretary, Barth Okoye-Aniche following a petition, while five aspirants succeeded with their appeals.

CITY LAWYER had in an exclusive report noted concerns among some disqualified aspirants over the delay in the screening process and the promise by the electoral committee to fast-track the appeals process.

In its ECNBA Statement No. 13 titled “Full List of properly nominated candidates for the NBA National Elections 2020 and verification of members,” the electoral committee stated that “Having concluded the Appeals process, the ECNBA now presents a list of 28 candidates cleared to contest various offices in the NBA National Officers Elections 2020.” The statement was dated July 3, 2020 and jointly signed by Mr. Tawo Eja Tawo SAN and Mrs. Cordelia Eke, ECNBA Chairman and Secretary respectively.

CANDIDATES LIST

It urged the candidates to “submit an A4 size copy of his/her curriculum vitae (of not more than 4 pages), a comprehensive manifesto and other campaign materials (all in electronic form) on or before 6:00PM on Monday 6th July 2020, for upload on the NBA website.”

The committee emphasized that “campaigns can only be carried out by publication of campaign materials supplied to the ECNBA to be hoisted on the NBA website,” warning specifically that “Travelling across the country to solicit for votes is prohibited.” The committee warned candidates to abide by the NBA Constitution 2015 (as amended) and the ECNBA Guidelines in their electioneering campaigns, vowing that “Any violation of these will be severely sanctioned including disqualification from contesting the elections.”

On the controversial final voters register, the committee emphasized “the need for members to verify and update their details on the NBA website on or before the 15th day of July, 2020. This is to ensure that everyone can access the voting portal during the elections as only those who are verified can vote.”

Leading human rights activist and former Chairman of National Human Rights Commission, Prof. Chidi Odinkalu had poked holes in the voters register, saying: “After 2 #RiggedElections, @NigBarAssoc seems well on its way to a 3rd. The voters list produced by#ECNBA appears riddled wth some impressive non-persons. Voter No. 5500 is a person called “Opening Balance”?! There’s a way to stop this: verify the names with reference to receipts.”

Turning to the issue of parallel help desks set up by some candidates, the electoral committee frowned on the practice, describing it as “unacceptable.” “We advise that such efforts be dismantled immediately not to interfere with the mandate of the Committee, confuse our members or be interpreted as attempts to harvest members’ details for use at the elections,” it said. It urged eligible voters to rely instead on the Help Desk set up by the NBA to assist members having challenges with the verification process.

Among those cleared to run for the elections are Mr. Dele Adesina SAN, Dr. Babatunde Ajibade SAN and Mr. Olumide Akpata who will battle for the coveted NBA Presidency slot. The position of First Vice President remains the most crowded field, with six candidates cleared for the race. They include John Aikpokpo-Martins, Oluwaseun Ajoba, Adebayo Akinlade, Adedotun Adetunji, Ganiat Siyonbola and Dawud Sulayman. Siyonbola was not in the list of aspirants provisionally cleared for the election.

While the race for Second Vice President is a straight fight between Adesola Abimbola and Kazeem Adeyemo, both aspirants for the position of Third Vice President – Promise Wobo Iwezor and Gerald Abonyi – failed to scale the screening hurdle.

With Barth Okoye-Aniche haven fallen by the way-side, the race for the influential post of General Secretary is now between Alex Muoka, Joyce Oduah, Okey Ohagba and Christopher Yakemewerigha. The battle for the post of Assistant Secretary remains unchanged, with three combatants – Anne Agi, Uche Nwadialo and Aigbokhai Osagie – cleared for the race.

Returnee candidate Mercy Ijato Agada and Raphael Anagor have clinched the positions of Treasurer and Financial Secretary respectively without a fight. While Caroline Ibharuneafe who sought the post of Treasurer fell under the disqualification hammer, Anagor seemed the solitary applicant for the post of Financial Secretary.

With incumbent Second Assistant Secretary Chinyere Obasi and Osahon Irehovbude having been disqualified by the electoral committee, the race for the post of Welfare Secretary promises to be a fierce battle between incumbent National Publicity Secretary, Kunle Edun and returnee candidate, Sabastine Anyia.

Following a successful appeal and the reinstatement of his name on the ballot, Olayinka Sokoya will slug it out with Rapuluchukwu Nduka for the post of Publicity Secretary while four candidates – President Aigbokhan, Charles Ajiboye, Ferdinand Naza and Dominic Ochenehi – will battle for the position of Assistant Publicity Secretary. While Ajiboye and Ochenehi had appealed their disqualification by the electoral committee, leading to their reinstatement in the race, Henry Chibuike Ugwu of Ihiala Branch and Oladotun Hassan of Epe Branch did not succeed with their appeals.

Among those who were also disqualified are controversial former Ikeja Branch Chairman, Adesina Ogunlana; S. O. K. Shillings, and incumbent Assistant Publicity Secretary, Akorede Habeeb Lawal who sought the substantive post of Publicity Secretary.

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

AJIBADE SPEAKS ON VIRTUAL CLE, AS ‘CLASS OF ’89’ HOLD WEBINAR

Leading Nigerian Bar Association (NBA) presidential aspirant, Dr. Babatunde Ajibade SAN will be on a familiar turf today as he speaks to his classmates and other stakeholders on the prospects of online mandatory continuing legal education (CLE).

Listed as one of the discussants for the virtual conference slated for 2 pm, Ajibade has gained renown as a cerebral lawyer and leading facilitator of continuing legal education in the legal industry.

Organised by the Nigerian Law School Class of 1989, an accredited NBA CLE Service Provider, the theme of the virtual conference is “Online Continuing Legal Education (e-CLE) in the COVID-19 Era and Beyond: Challenges, Benefits and Prospects.” Prospective participants are required to register for the free virtual conference at https://us04web.zoom.us/meeting/register/upMlc-yspzosH9yXkq67siifyduRZ0HcPaLD After registering, participants will receive a confirmation email containing information about joining the meeting.

Other discussants are Mr. Emeka Albert, Chairman of the Nigerian Law School Class of 1989 and acclaimed Toronto, Canada based attorney and Managing Partner of Topmarke Attorney LLP, Oluwakemi Oduwole. She was formerly a Lecturer at the Nigerian Law School.

Moderated by Chief Osuala E. Nwagbara, General Secretary of the Class of 1989 and Managing Partner at Maritime and Commercial Law Partners, the conference is, according to a statement by Albert “the first in a series of webinars aimed at opening up vital conversations among lawyers on mentoring, CLE and support to the Nigerian Law School. Dr. Ajibade, being a strong supporter of the cause of our Class, is expected to provide uncommon insights on the subject consistent with his experience and track record.”

Ajibade is the Managing Partner of S. P. A. Ajibade & Co. He was called to the Nigerian Bar in December 1989 and elevated to the rank of Senior Advocate of Nigeria in December 2007. He was the first member of his Nigerian Law School set of 1989 to take silk.

Ajibade obtained a Bachelor of Law degree from the University of Ife (now Obafemi Awolowo University) in 1988. He obtained a Master of Laws degree in Corporate and Commercial Law from King’s College, University of London in 1990 and a Doctorate Degree in Private International Law from the same university in 1996.

Ajibade is a Fellow of the Institute of Advanced Legal Studies in London, an International Practice Fellow of the International Bar Association (IBA) and a Fellow of the Chartered Institute of Arbitrators, United Kingdom. He combines the role of an advocate, a corporate/commercial solicitor, an administrator and a reformer and is reputed to have excelled in each of these areas.

With over 20 years legal prowess specializing in immigration law, family law, mental health law and legal education, Oduwole has been a partner in Topmarke Attorney LLP since the inception of the firm in 2016. She is reputed for her leadership, teaching and mentorship skills (especially of young lawyers) and ability to navigate difficult and sensitive legal matters.

Oduwole holds a degree in Law and two master’s degrees in law. She is working on her third master’s degree. She also holds a certificate in Higher Education and has been called to the bars of Nigeria and Ontario, Canada. Oduwole practised law extensively in the areas of corporate/commercial law, civil litigation and family law in notable Nigerian law firms. Aside from her practice of law, she taught law in the Nigerian Law School, particularly in the areas of Civil Litigation, Legal Drafting, Professional Ethics and Responsibility, and Real Estate Law. Oduwole is a published author who has published law texts and several journal articles, and has presented research papers in conferences in Asia, Africa and North America.

On his part, Albert is a renowned justice sector reform consultant and Lead at LEGALPEDIA, a foremost software company. He has presented several papers on technology and disruption in the legal industry. Speaking on the impact of technology in law practice, he said: “Law is very dynamic. That is the essence of technology. It enables you to keep pace with developments. Technology helps you to adapt to new changes.”

The Nigerian Law School Class of 1989 donated an e-platform to its alma mater as part of its 30th anniversary celebrations. The facility is aimed to support quality training and retraining of Law School students and especially young lawyers. The e-platform is reputed as a first in Africa aimed at transforming legal education and legal practice.

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

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  • Jul 03, 2020
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  • Comments Off on ‘WHY I’M BACKING AJIBADE TO WIN,’ BY CHIJIOKE OKOLI SAN

‘WHY I’M BACKING AJIBADE TO WIN,’ BY CHIJIOKE OKOLI SAN

Frontline white collar litigator and former Chairman of the Nigerian Bar Association (Lagos Branch), Mr. Chijioke Okoli SAN has given reasons for backing a leading presidential aspirant in the forthcoming NBA Elections, Dr. Babatunde Ajibade (SAN).

In a statement made available to CITY LAWYER, the respected Bar Leader described the cerebral senior lawyer as “remarkable in many more ways than one,” adding that “he stands out as the best of the lot.”

Below is the full text of his statement:

THE MAN FOR THIS SEASON:
ENDORSEMENT OF DR. TUNDE AJIBADE, SAN-BY CHIJIOKE OKOLI, SAN.

This Nigerian Bar Association [NBA] national election year is hardly like any other. The legal profession in Nigeria and the country in general are at a momentous crossroads, with self-evidently daunting problems but behind which lies the promise of an enlivening new beginning. The situation is such that, more than ever before, we must be particularly careful with our leadership recruitment processes and choices. Luckily, the NBA is well served this year by an undoubtedly strong field of candidates for the NBA Presidency; three distinguished senior practitioners with good records of service to the legal profession.

I shall however speak of only Dr. Tunde Ajibade SAN who is remarkable in many more ways than one, especially because he stands out as the best of the lot. He brings to the table of the present NBA Presidential contest qualities which are sorely needed to tackle the present crippling problems of the legal profession and administration of justice in Nigeria in general. He epitomizes phenomenal breadth and depth of knowledge and expertise; belonging to that very rare breed of top-line litigators who are equally at home with transactional law practice. And his willingness to share and democratize legal knowledge is underscored by the annual Continuous Legal Education series organized by his law firm of which I have been privileged to attend a few times.

Perhaps most importantly, the present period of widespread anomie requires of the NBA leadership the exceptional personal and professional integrity which Dr. Ajibade exemplifies. More than at any time since the advent of our dysfunctional civilian rule, there is the urgent need for an NBA leadership capable of telling truth to power. His temperament is undoubtedly excellent for the task; possessing quiet but immense strength and courage which saw him visiting and showing solidarity with colleagues in the insurgency-ridden North East region of the country. And his instinctive courteousness and overall civility is unfailingly present in interactions with lawyers of all ranks and ages, in and out of the courtroom.

Finally, this. Whilst the generality of Nigerian lawyers owe the Austine Alegeh Presidency a debt of gratitude for the introduction of universal suffrage in NBA national elections, he was but a Paul who came to water the ground tilled by some of us Appollos; i.e., those who were appalled by the now jettisoned grossly unfair and corrupt delegates system and fought for its change. Part of the unfairness of the delegates system was that it badly shortchanged the larger branches exemplified by the Lagos Branch. Seeing it as my duty as Chairman of the NBA Lagos Branch at the time [between 2009-2011] to see to the correction of the injustice to the Branch and vast majority of lawyers, I heartily campaigned for universal lawyers’ suffrage for the election of NBA national officers.

Whilst I recollect the likes of Anselm Chidi Odinkalu and Mrs. Funke Adekoya SAN being in the trenches of the struggle, so to speak, Dr. Ajibade was one of those Lagos based senior practitioners who steadfastly encouraged me from the sides, sharing my view that the concept of equality at the Bar can hardly find more practical and appropriate expression than giving each Nigerian lawyer the right to a direct vote in the election of NBA national officers. Ultimately, the goal was achieved for the majority, properly so called, to determine who leads the NBA. And it is to this majority, all of us essentially, that I appeal to give their vote to Dr. Tunde Ajibade. I have no doubt at all that the NBA would be in very good hands with him as our President.

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

AKPATA SETS UP ELECTION VERIFICATION HELP DESK

One of the leading aspirants for the forthcoming Nigerian Bar Association (NBA) election, Mr. Olumide Akpata has set up a Help Desk for the ongoing verification exercise to enable eligible voters participate in the election.

In an email sent early today, Akpata restated the publication of the final voters list by the Electoral Committee of the Nigerian Bar Association (“ECNBA”) for the elections scheduled for 29th and 30th July, 2020.

Outlining the verification procedure, he urged eligible voters who may have challenges with the verification process to “contact the NBA support team using support@nigerianbar.org.ng” or call the ECNBA verification hotlines.

“Feel free to contact my help desk via helpmeverifynow@gmail.com or on 08122778151, 07055115282, 08025875099, and 08037003654 to assist you in following up with the ECNBA,” he added.

The full text of the email is below:

Dear (surname)

I hope that this meets you well.

I am writing to notify you that the Electoral Committee of the Nigerian Bar Association (“ECNBA”) has now published the final voters list that would be used in the forthcoming elections into national offices of the NBA scheduled to hold on 29th and 30th July 2020 (the “Final Voters List”).

With the Final Voters List now in circulation, I encourage you to kindly do the following:

1.Go through the Final Voters List to confirm that you name is on it. You can view a copy of the Final Voters List by clicking on the ‘View Register’ button at the end of this email;

2.If your name is on the Final Voters List, do take steps to ensure that you “Verify” on the NBA website in order to be eligible to vote. This “verification” entails creating or updating your individual portal on the NBA website. The verification process is set out under the heading “How to Verify” below; and

3.If your name has been omitted from the Final Voters List, or if you have any other complaints about the Final Voters List, the verification process or any related issue, use the information under the heading “NBA Eligibility Complaints” below.

How to Verify
A. If you have never been verified:
I. click on the’Visit Portal’ button at the end of this email to create your own portal on the NBA website;
II. while there, click on the “Get Verified Option” and complete the simple verification form;
III. upload a copy of your call to bar certificate;
IV. afterwards, a confirmation email (containing a
temporary password and other details) will be sent to the email
address that you provided. In some cases, the email might be in your junk or spam folder or might take some time to deliver to
you;
V. follow the instructions in the confirmation email and go back to
the NBA membership portal;
VI. while on the NBA membership portal, enter your Supreme
Court Number (without any space between the alphabet and the numbers) and input the temporary password provided in your
confirmation email; and
VII. once you log in, update your profile by correcting any errors
in your details or supplying any missing information. That would be the end of the verification process.

B. If you had been verified but no longer remember the password
with which to access your portal
then:
I. click on the ‘Visit Portal’ button at the end of this email;
II. while on the portal, click Forgot Password; and
III. enter your Supreme Court Number (without any space
between the alphabet and the numbers) and follow the
instructions.

NBA Eligibility Complaints
If you have any complaints about the process or the Final Voters List, please contact the NBA support team using support@nigerianbar.org.ng or call 08165037594; 08168011579; 08165374194; 08167181605.

Feel free to contact my help desk via helpmeverifynow@gmail.com or on 08122778151, 07055115282, 08025875099, and 08037003654 to assist you in following up with the ECNBA.

Participating in the electoral process is key to achieving our collective objective of making the Bar work for all and creating a profession that we all will be proud of and happy to identify with.

I thank you for your attention and look forward to staying in touch.

Best Regards,
OLUMIDE AKPATA

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ANXIETY, AS ECNBA BEGS DISQUALIFIED ASPIRANTS TO BE PATIENT

BY EMEKA NWADIOKE

• SAYS VOTERS’ REGISTER STALLED HEARING OF APPEALS
• PROMISES TO CONCLUDE PROCESS BY WEEKEND

There is palpable anxiety among aspirants disqualified from contesting the forthcoming Nigerian Bar Association (NBA) National Elections by the Electoral Committee of the NBA (ECNBA), even as the electoral umpire has pleaded for more time to conclude the exercise.

CITY LAWYER can authoritatively report that the electoral umpire is yet to conclude the appeals process, as hearing on some petitions was stalled by the compilation of the voters register. The ECNBA barely beat the deadline prescribed by the NBA Constitution to publish the final list of eligible voters.

Meanwhile, the committee has until mid-next week to publish the final list of candidates for the elections. Paragraph 2.3(b) of the Second Schedule to the NBA Constitution (as amended) provides that “A full list of properly nominated candidates shall be circulated by ECNBA to all Branches and candidates by email as well as displayed on the NBA website at least twenty one (21) days before the date of the election.” The election is scheduled to hold on July 29 and 30, 2020.

While some erstwhile aspirants have been communicated on their appeals, the electoral committee has kept many of the disqualified aspirants in the dark as to the outcome of their appeals, leading to speculations on their fate. This has led to palpable anxiety among the disqualified aspirants and their supporters who are daily seeking feedback on their fate.

It has now emerged that hearing on the appeals was disrupted by compilation of the troubled voters’ register by the ECNBA. Former Ikorodu Branch Chairman and aspirant for the post of First Vice President, Mr. Adedotun Adetunji told CITY LAWYER that ECNBA Secretary, Cordelia Eke has assured all disqualified aspirants that they would know their fate by weekend.

His words: “When I eventually chatted the Secretary of the ECNBA up on WhatsApp today 2nd July, 2020 she told me that – please permit me to quote her verbatim so that I don’t mix up what she said: ‘Good morning. Sorry we’ve been occupied with the voters register. Now that it is out of the way, we will conclude on your Appeal. You will hear from us before this week ends. Just a little more patience please.’” This has laid to rest speculations that all the outstanding disqualified aspirants may have been cleared by the electoral committee.

Aside from Adetunji who was among those disqualified by the electoral committee, others include fiery former NBA Ikeja Branch Chairman, Mr. Adesina Ogunlana; incumbent NBA Second Assistant Secretary, Chinyere Obasi; her counterpart in the publicity department, Mr. Akorede Habeeb Lawal, and influential NBA Ikorodu Branch Bar-man, Mr. S. O. K. Shillings. Others are Messrs Olayinka Sokoya, Gerald Abonyi, Promise Wobo Iwezor and Carol Ibharuneafe.

It was also a gale of disqualifications among the rank of aspirants for the post of Assistant Publicity Secretary, as three of no less than five aspirants kissed the dust. These include Messrs Henry Chibuike Ugwu of Ihiala Branch, Oladotun Hassan of Epe Branch and Charles Ajiboye of Ikeja Branch.

While Ogunlana, Obasi, Shillings, Iwezor and Ibharuneafe have had their fate sealed by a second disqualification letter from the electoral committee following an unsuccessful appeal, the ECNBA has kept mum on the others, fueling speculations on the success or otherwise of their appeals.

This has also led to anxiety in their camps, as their supporters have been thrown into disarray, not knowing whether the disqualified aspirants are still in the race. Some watchers of NBA politics have argued that this may have given undue advantage to opponents of the disqualified aspirants, as their campaigns continue to gather steam.

Among the disqualified aspirants who were yet to hear from the electoral body at press time are Adetunji, Sokoya, Lawal, Abonyi, Hassan and Ajiboye.

In separate interviews with CITY LAWYER, the aspirants expressed worry over their situation, saying the delay has negatively impacted their preparation for the elections. They said they are daily inundated with calls and enquiries by their supporters on their fate.

Some stated that the ECNBA did a shoddy job by disqualifying them, arguing that there was a surfeit of sources that would have made the electoral body to arrive at a different conclusion if it had done a more thorough job.

While Lawal said that it is “natural” for anyone to be anxious under the circumstances, Sokoya said: “The waiting game is affecting me seriously. The anxiety is based on the fact that you do not know whether you are a candidate or not.”

While the ECNBA conferred provisional clearance on 24 aspirants, 19 were disqualified. At least two disqualified aspirants shunned the appeal process, saying they have taken their situations in good faith. They include Messrs Echika Ejido and Ahmed Alhaji.

WHAT THE ASPIRANTS TOLD CITY LAWYER ON THE DELAY:

I HAVE BEEN INUNDATED WITH CALLS AND SMS – OLAYINKA SOKOYA
I must say that I am curious about the outcome of the appeal just like my friends and supporters across the globe. Although I am aware that the ECNBA has enormous and herculean task before it to conduct free and fair election, yet the appeal I lodged ought to have been determined by now. I have been receiving calls and several text messages from concerned people on my appeal and I have assured them that by the grace of God, I will be cleared.

I SHOULD NOT HAVE BEEN DISQUALIFIED – ADEDOTUN ADETUNJI
Saying that I am worried is an understatement. The way my teeming supporters ask me for the outcome of the Appeal is fast becoming an embarrassment to me and indeed to the Legal profession. I wrote a subtle reminder email to the ECNBA via its official email handle on 1st July, 2020 but I got no response.

When I eventually chatted the Secretary of the ECNBA up on WhatsApp today 2nd July, 2020 she told me that – please permit me to quote her verbatim so that I don’t mix up what she said: “Good morning. Sorry we’ve been occupied with the voters register. Now that it is out of the way, we will conclude on your Appeal. You will hear from us before this week ends. Just a little more patience please.”

This is really affecting my preparations for the election which is just 28 days away. Appeals of disqualified aspirants in my category have been treated to my knowledge. My supporters are presently at a crossroad, hence I urge the ECNBA to make a pronouncement on my appeal fast enough.

My disqualification in the first instance is due to no fault of mine, as my seconder that was alleged not to have spent two years in NEC have actually been in NEC for 16 years and we have supplied the evidence in our appeal. Aside from that, it’s a verifiable fact from the secretariat of the NBA. Mr. Kazeem Adekunle Gbadamosi popularly known as KGB of Ibadan Branch is my seconder and he is a household name in NEC. Apart from being the Secretary and Chairman of Ibadan Branch at various times, he is still the current NEC rep of Ibadan Branch. Virtually all NBA presidents from 2004 till date have deemed it fit to co-opt him as NEC member. The status of this erudite lawyer at NEC cannot in anyway be questioned under this circumstance.

I have taken in good faith the response of the ECNBA Secretary and I am consoled by the fact that the weekend is just around the corner. I pray and hope that justice will be meted out to my case as it is so simple and straightforward. I believe I will be cleared to contest and I hereby urge on my supporters.

ECNBA NEED TO APPROACH ELECTION WITH MORE VIGOUR AND EXPERTISE – OLADOTUN HASSAN
It is most likely our electoral process continue to leave behind Bi-Annual monumental tales of frustrations, complaints and inadequacies, considering the modus operandi of the NBA constitutional prerequisites and ECNBA Electoral guidelines.

Based on this premise, my concern is of two sides of the coin: as an aspirant for the Office of the National Assistant Publicity Secretary and the other side as member willing to freely exercise his franchise right of voting under a free, fair and general acceptable atmosphere. Having appealed to the Electoral Committee of the Nigerian Bar Association and yet to receive final response in view of my disqualification, mostly throw one off balance on what next to do, either way to campaign or await final fate. It is more like awaiting rapture. No specific date and time have rendered one’s hope hanging in the balance.

We are all conscious of the new date of the election slated for 29th July, 2020 just a matter of three weeks from now. Even if I am cleared today it will be difficult to marshal my full campaign strategy and plan of action in a matter of 15 days or less. For it will be an aberration to campaign without being cleared for the election, since the NBA constitution does not specify any proviso on action to be taking pending appeal within seven days, neither does your constitutes (sic) or appeal warrant stay of execution on disqualification, except one use other means to devise awareness to the electorates.

Quite worrisome that I can’t muscle much effort on campaign as at date, except by share of God’s hands of favour and grace, in which I am exclusively hoping on at this time. Moreover, considering the Covid 19 pandemic impediments and other aligning factors, the ECNBA needed to approach the election with more vigour and expertise.

One of the key fundamental way forward panacea is to go 100% Digital by developing a one stop Hi-technology service “Mobile App” that will serve the purpose of E-Voting, as well as automated verification of all qualified members (voters) and updated records of aspirants without going through the horrendous stress of physical expedition of sending individual’s personal contact details: phone, email, BPF and Branch Dues receipts and other Branch bank statement records through the 126 branch chairmen.

IT’S NATURAL TO BE ANXIOUS IN THE CIRCUMSTANCES – GERALD ABONYI
Anxiety is expected in the circumstance. Being worried will always be overcome by faithful and hopeful anticipation.
In the final analysis, my successful Appeal implies that I shall run unopposed for the office and therefore will be returned to serve in the desired office.

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NBA DUTSE MEMBERS DEFY USORO, INAUGURATE NEW EXCO

BY EMEKA NWADIOKE

The Nigerian Bar Association (NBA), Dutse Branch has inaugurated a new Executive Committee to pilot its affairs, notwithstanding the appointment of a Caretaker Committee for the branch by NBA President, Mr. Paul Usoro SAN. With Mr. Garba Abubakar as the newly elected Chairman, the new Executive Committee was sworn-in by Mr. Sule Umar, a Notary Public.

Speaking after assuming office as the incumbent branch chairman, Abubakar alleged that acolytes of an influential Bar Leader and former Jigawa State Attorney-General & Commissioner for Justice have been destabilizing the branch, adding that the branch would no longer tolerate such meddlesomeness. Abubakar warned the Bar Leader to stay away from the branch or risk having legal action taken against him.

Noting that the peaceful disposition of the outgone Executive Committee – of which he was the Secretary – must not be taken for cowardice, Abubakar alleged that the Bar Leader is not a member of the branch by virtue of Article 13 (4) of the NBA Unified Bye Law for branches, adding that he has “no visible place of practice and residence in the whole Jigawa State.”

The Dutse Branch helmsman warned that the branch would henceforth take steps to stem the alleged meddlesomeness of the Bar chieftain, adding that “In the very unlikely event that he refuses or rather neglects to stop tempering with the peaceful nature and wellbeing of the branch, I would have no further option than to activate the provisions of the relevant laws with a view to restoring the peaceful nature of the branch, and when that is done, the whole world will know where the truth lies as the truth is always on the side of the oppressed.”

He however extended an olive branch to all branch members to join his administration in moving the branch forward, saying: “I am using this medium to extend the hand of friendship and cooperation to those who have any issue or feel offended by any activities of the Branch Executive. It is indeed time to forget our past and go ahead for the progress of our Branch.”

Reeling out his roadmap for the next two years, Abubakar said he would “continue from where my predecessor stopped in the area of fostering unity among members, mentorship for young lawyers as well as capacity building. I will further continue from where the former Executive stopped in the area of partnership with various government agencies and other development partners for the benefit of our branch.

“We will in particular pay much attention to the following areas:

  • Human Capital Development and Welfare Programs.
  • Promoting of All-inclusive Bar.
  • Promoting mandatory continuing legal education.
  • Mentorship scheme and capacity building for young lawyers.
  • Promoting rule of law and good governance.
  • Provision for pro bono legal service for indigent, aged and victims of rape.
  • Creating synergy and collaboration between the branch and any development partners for the development of the branch.”

Speaking earlier, the former branch chairman, Mr. Bashir Usaini outlined the achievements of his administration, noting that while he met only N300,00 in the branch coffers, “I am leaving NBA GTB Account with the sum Two Million Five Hundred and Twenty Five Thousand Naira (N2, 502,500) only.” He urged the members “to support the incoming executive for collective success and peaceful relationship.”

Usoro had in a statement by NBA General Secretary, Mr. Jonathan Gunu Taidi, dissolved the Election Committee set up by the NBA Dutse Branch and constituted a three-member Caretaker Committee to handle the affairs of the branch upon the expiration of the tenure of the branch Executive Committee on 29th June, 2020.

But the branch members argue that the letter appointing the Caretaker Committee was belated and of no consequence, having been delivered after conclusion of the branch elections, with certificates of return issued to the winners.

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