The Second Vice President of the Nigerian Bar Association (NBA), Mr. Chukwuemeka Ugo has warned that about 35 percent of members may exit the association unless the National Officers’ Election Appeal Committee (NOEAC) does substantial justice in hearing the appeals of disqualified aspirants.

In a post on his verified Facebook page, Ugo urged the Appeal Committee to depart from technical justice as allegedly adopted by the Electoral Committee of the NBA (ECNBA), saying that to do otherwise will cause disunity among NBA members.

His words: “The Appeal Committee has unfettered powers to look through our constitution as regards the combined effect of section 4(1) a-c and section 9(3) of 2015 NBA Constitution as amended in 2021 as well as the overriding powers of the 1999 Constitution of Federal Republic of Nigeria on all laws in Nigeria on the issue of discrimination and access to court.

“This is sequel to the disqualification by ECNBA of the current Treasurer of the NBA CAROLINE LADIDI ANZE-BISHOP for the office of the NBA General Secretary. We are better off together, despite the constitutional guarantee of freedom of association; we cannot afford losing about 35% of our members to any crises that can be corrected by the appeal body through the instrumentality of substantial justice.”

Noting that he has confidence in the Appeal Committee members, the Bar Leader said: “The Appeal Committee, with semblance of superior or appellate court, must rise to the occasion by utilizing the above democratic advice from the jurists of our time towards looking at delivering justice to the aspirants’ appeals and not the strict applicability of the guidelines as handed down to the ECNBA and or the Appeal committee.”

The fiery senior lawyer stated that “From the report of many disqualified aspirants at the forthcoming NBA Election and General Council of the Bar, you will agree with me that majority of our members that volunteered to assist the Bar were disqualified in an excruciating manner by the ECNBA. The Appeal committee is by this solemn request and plea asked to examine the appeals of those disqualified by mere irregularity of non-attachment of one receipt or the other and wrong placement of branch dues receipt in place of Bar Practice Fees (BPF) receipts.”

Below is the full text of the post.

A DEMOCRATIC ADVICE TO LEADERSHIP OF NBA NATIONAL OFFICERS ELECTION APPEALS COMMITTEE LED BY USMAN OGWU SULE, SAN, A VERY GOOD AND HONEST MAN:

1. DEMOCRATIC PREFACE:
On the 14th day of April, 2024 we read a circular signed by the President of Nigerian Bar Association Mr. YAKUBU CHONOKO MAIKYAU, OON SAN wherein he nominated, without the usual tradition of discussing same with his other Executive Committee members, citing Section 14(3)(i) of the NBA constitution, 2015 as amended in 2021, the National Officers’ Election Appeal Committee made up of USMAN OGWU SULE, SAN AS CHAIRMAN, MRS FOALSHADE ALLI, SAN (ALTERNATE CHAIR), DR. AGADA JOHN ELACHI, SAN, ADIZUA OKOROAFOR, ESQ, MATTHEW OSUME, ESQ, AMINA SENCHI (MRS), and STELLA OMOIKHEFE OWU (SECRETARY) which was ratified by the NEC in Yola, Adamawa State on the 20th day of April, 2024 with sole aim of receiving and resolving electoral complaints and disputes arising from the election of National Officers and elections of representatives of NBA Representatives in General Council of the Bar.

Having notified the chairman of the committee via a private chat on Wednesday, the 17th day of April, 2024 not to accept the said nomination, it goes to show that my input towards same was not persuasive enough to compel the committee members to heed to my supplication for the overall interest of the Bar – at least towards promoting the spirit of ‘’carrying along” mantra which could have been a good example for future leadership of the Bar. However the Committee’s subsequent acceptance, through the Chairman of the appeal committee which was later ratified by the National Executive Counsel (NEC) at Yola, nailed my agitation for inclusivity in NBA affairs as regards appointment of committee members, and which was the exclusive reserve of Mr. President and his aides.

2. DEMOCRATIC ADVICE #1
Nigerian Bar Association is predicated upon Promoting the Rule of Law as well as promoting the welfare of her members and by extension being the image-maker and spokesperson of the oppressed citizens of Nigerians. These and many more have eluded us during this our administration which from public opinion is regarded as not satisfactory in the history of the Bar.

The foundation of getting NBA right begins in the election process; the election process is predicated upon those saddled with the responsibility to conduct same. These sets of people are known as the Electoral Committee of the Nigerian Bar Association (ECNBA) and National Officers Elections Appeal Committee of the Nigerian Bar Association (NOEAC-NBA).

Recently, we have witnessed how NBA “Politicians” have been drafted to man these critical sectors and live-wire of the bar. A cursory look at the two mentioned committees and you will agree with me that about 90% of the membership of both committees have held one position in the past either at the national or at branch level or some are billed to contest in future elections of the NBA be it at the branch level or the national level. This scenario that we found ourselves leaves much more to be worried about the likely output that may come out of the elections conducted by these sets of NBA “POLITICIANS.” There may be clear clash of interests in making some decisions, though it does not mean same persons cannot stand tall to do justice despite the pressure on them or their perceived affiliation with any aspirant in NBA elections.

As a democrat, I have consistently advocated that the Bar can solve the problem of Nigeria if we agree; it is based on this analogy that something substantially good can still come out from the Appeal Committee, having absolute trust in and respect for the members. I have taken out time to examine the Appeal Committee composition, despite most of them having held NBA political positions before now. I have decided to draw solace in their personal characters which are above board and their recent statement to grant fair hearing to all that will come before them; that was a cheering news to behold. It gladdens my heart also that majority of the committee members – if not all – have in their practice been confronted with issue of technicalities that can never be found in our jurisprudence anymore, but which was utilized with impunity by the ECNBA to disqualify lawyers that have indicated interest to serve the bar without any pecuniary interest, just a selfless service and nothing more.

The Appeal Committee should take hint from the words of Justice Niki Tobi to do substantial justice. This was aptly captured in YUSUF V ADEGOKE & ANOR (2007) LPELR – 3534 (SC).; “A technicality in a matter could arise if a party is relying on abstract or inordinate legalism to becloud or drown the merits of a case. A technicality arises if a party quickly takes an immediately available opportunity, however infinitesimal it may be, to work against the merits of the opponent’s case. In other words, he holds and relies tenaciously on the rules of court with little or no regard for the justice of the matter. As far as he is concerned, the rules must be followed to the last sentences, the last words, and the last letters without much ado, and with little or no regard for the injustice that will be caused to the opponent.’’

In UTC (NIG.) LTD. V PAMOTEI, (1989) 2 NWLR (Pt. 103) 244 at page 296 F. Belgore, JSC, (as he then was) stated that “Rules of procedure are made for the convenience and orderly hearing of cases in Court. They are made to help the cause of justice and not to defeat justice. The rules are therefore aids to the Court and not masters of the Court. For Courts to read rules in the absolute without recourse to the justice of the cause, to my mind, will be making the courts slavish to the Rules.”

He stated again in FEDERAL GOVERNMENT OF NIGERIA V ZEBRA ENERGY LTD (2002) 18 NWLR (Pt. 798) 162 pages 204 – 205 that “…Procedure is a guide to smoothen the passage of suit; to direct the parties what to do and to guide the Court to arrive at the justice of a case… The Court shall never be shackled by procedure; the case is not made for a procedure, it is the other way round. Once the procedure employed has brought into focus the issues the parties contest and there is no miscarriage of justice it will not matter that the procedure is not the correct one. Getting to the destination is what is important; it does not matter the means used. This Court will certainly not disturb a clear case of justice between the parties by suo motu raising for the parties procedural abnormalities…, what is relevant in a case of this nature is the question of the justice of the case”.

The Appeal Committee, with semblance of superior or appellate court, must rise to the occasion by utilizing the above democratic advice from the jurists of our time towards looking at delivering justice to the aspirants’ appeals and not the strict applicability of the guidelines as handed down to the ECNBA and or the Appeal committee.

3. DEMOCRATIC ADVICE #2
Taking a cue from the body responsible to the conferment of the rank of Senior Advocates of Nigeria (SAN) in giving every applicant an opportunity to correct mere irregularities in their applications, by appearing in person to give reason or reasons for their various queries as may be practicable before the second filtration, the Appeal Committee should not only read through their submissions as envisaged rather should be allow them to throw more light on their appeals to give that sense of transparency and justice.

From the report of many disqualified aspirants at the forthcoming NBA Election and General Council of the Bar, you will agree with me that majority of our members that volunteered to assist the Bar were disqualified in an excruciating manner by the ECNBA. The Appeal committee is by this solemn request and plea asked to examine the appeals of those disqualified by mere irregularity of non-attachment of one receipt or the other and wrong placement of branch dues receipt in place of Bar Practice Fees (BPF) receipts.

The Appeal Committee should examine whether evidence of payment of BPF suffices as substantial compliance in place of the proper BPF receipt? And whether failure to accept same does not qualify as technicality, hence, does not do justice. We should allow as many as possible members that substantially complied with the guideline and the NBA Constitution to be allowed to be voted for.
“Justice is not a one-way traffic. It is not for the aspirant alone. Justice is not even a two-way traffic. It is really three-way traffic”. The Appeal Committee should see that aspirants to the NBA Elections, and the members of NBA at large, should be made to perceive that justice has been done and still maintain their faith in the outcome of the Appeal Committee as the last hope of the common man in NBA.

To this end, it is the view most respectfully shared by Democrats LIKE ME and studies at large that the Appeal Committee of the NBA must be seen to be interested in doing justice to the aspirants or the issues before it rather than being an advocate of injustice. I am convinced that justice will be served based on the quality of the composition of Appeal Committee members. In light of the foregoing positions of the cited authorities, there will not be any moral nexus for the highly respected NBA Appeal Committee members – who I really respect so much – to apply the principle in APC v Machina, as many Nigerians feels. That will be going the way of ECNBA.

The Appeal Committee have unfettered powers to look through our constitution as regards the combined effect of section 4(1) a-c and section 9(3) of 2015 NBA Constitution as amended in 2021 as well as the overriding powers of the 1999 Constitution of Federal Republic of Nigeria on all laws in Nigeria on the issue of discrimination and access to court. This is sequel to the disqualification by ECNBA of the current Treasurer of the NBA CAROLINE LADIDI ANZE-BISHOP for the office of the NBA General Secretary. We are better off together, despite the constitutional guarantee of freedom of association; we cannot afford losing about 35% of our members to any crises that can be corrected by the appeal body through the instrumentality of substantial Justice.

4. DEMOCRATIC SUGGESTION
May I suggest that, going forward, the umpire for our elections should not be chosen from among members that have held elective NBA positions or intending aspirants, either at branch or national levels. This is to demonstrate the true intent and meaning of independence and transparency.

5. DEMOCRATIC CONCLUSION
I implore the Appeal Committee to save NBA from further disunity by rising up to the occasion in making NBA one formidable family that each member can aspire to any position of his or her choice as well as cementing our togetherness. The Nigerian Bar Association is better together than polarized. This is a herculean task and or clarion call on the USMAN OGWU SULE, SAN-led Appeal Committee to avoid any interference from any quarter, stand firm and tilt more on the side of decisions that will make NBA more united than the one that will divide NBA the more.

Democrat is solidly with the Appeal Committee, as I pray for them to deliver justice to all. I am aware that their decisions shall further strengthen our common resolve of united Bar. Democrat writes for the love of the Bar and nothing more.

#DEMOCRAT2030
(DEMOCRATIC ADVICE TO NBA NATIONAL ELECTION APPEAL COMMITTEE)

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