Dear NBA Community,

I would like to address the recent disqualification in the NBA 2024 Elections, despite the perceived overreach of the electoral committee’s powers. While I firmly believe that the committee acted beyond their authorized scope, and in fact did act ultra vires its powers contrary to the provisions of the NBA Constitution 2024 [As amended 2021], I acknowledge their decision and respect the process.

Maintaining the integrity of the electoral process within the NBA is of utmost importance. It ensures fairness, equity, transparency, and equal opportunities for all candidates participating in the elections. By upholding the integrity of the electoral process, the NBA demonstrates its commitment to democratic principles and reinforces the trust and confidence of its members and stakeholders.

Although I strongly believe in the importance of free, fair and transparent elections, it is crucial to maintain the integrity of the electoral process within the NBA. Whilst I maintain my disagreement with the committee’s actions, I understand that it is essential to uphold the rules and regulations that govern the process and especially the Constitution of the NBA.

However, we must scrutinize the actions and decisions of the ECNBA 2024, and indeed the NOEAC 2024. The actions and decisions of both Committees have been at variance with and contrary to the NBA Constitution.

Section 10, of Part VIII, 2nd, Schedule of the Constitution of the NBA, specifically provides the only five grounds for the disqualification of Candidates, which states that:-

“Subject to the provisions of this constitution, a member shall not be eligible for election as a National Officer or Representative to the General Council of the Bar if he/she:-
(a) is not a Nigerian Citizen;
(b) is a member of a political party in Nigeria;
(c) has been adjudged bankrupt or has made a compromise or arrangement with his creditors;
(d) is adjudged mentally unfit to take up the position by a competent medical authority ;
(e) has been convicted of a crime by a c Court of competent jurisdiction or has been found guilty of misconduct or professional impropriety by the legal practitioners Disciplinary Committee;”

The same Section 10, of Part VIII, 2nd, Schedule, sub-clause [f], goes further to unequivocally state that:
(f) The power of the ECNBA to disqualify a person who wishes to contest for an office shall only be for the grounds specifically contained in this constitution.

The ECNBA as I gathered had no problem with me and my 1st Nominator. The issue was with my Seconder attaching a 2024 Stamp and Seal receipt and omitting to attach the 2024 BPF receipt, as such I am not qualified to contest the 2024 NBA Elections and disqualified.

Does an omission to attach a document to a Seconder’s Form deserve a disqualification of the Aspirant as contemplated by Clause f, of Part VIII of the 2nd Schedule of the NBA Constitution 2015 [as amended in 2021]?

However, it is pertinent to note that the NBA will not issue a member a stamp and seal receipt if you have not paid your Bar Practicing Fees and Branch Dues. You must upload these two documents before you can access the NBA portal to pay for your stamp and seal then print your receipt.

My Seconder is a fit and proper person who was issued with a letter of good standing from the branch, and no doubt very qualified to contest for the office of General Secretary.

Section 6, of Part 1, 2nd Schedule of the NBA Constitution 2015 [as amended in 2021] provides the ECNBA with a discretionary power as follows:-

“The ECNBA may reject nomination papers which do not comply with any of the requirements for nomination and election offices within the Association or which are otherwise not duly completed.”

However, the ECNBA 2024, for reasons best known to it, conveniently ignored and disregarded this provision of Section 6, Part 1, of the 2nd Schedule of the NBA Constitution, but opted to disqualify on a ground that is not provided for in our Constitution.

The NOEAC 2024, also in its wisdom of judgment decided to uphold the decision of the ECNBA,
Can a decision made by the ECNBA ultra vires it powers, be lawfully upheld on appeal?

There are Candidates openly campaigning at the moment, when we all know that the ECNBA has not lifted the ban on campaigns, yet the ECNBA appears to be docile and turning a blind eye. It would seem that some candidates are above being regulated by the ECNBA. Is it that some Candidates are more equal than others?

Be that as it may, I would like to express my gratitude to the members of the Cradle Bar for their absolute loyalty, and all those who supported my candidacy and believed in my vision for the future of the NBA. Your unwavering support has been humbling, and I am truly grateful for the trust, support and understanding you have placed in me during this challenging time..

I have worked for the NBA at both Branch and National levels. In moving forward, I will continue to be an active participant in the activities of the NBA community, supporting the Association’s growth and advocating for positive change. I believe in the power of unity and collaboration, and I am confident that together we can achieve great things.

Let us remain focused on our common goal of making the NBA an even better and more inclusive foremost Association.

My late Father always said to me; “every disappointment is a Blessing in disguise. The Almighty GOD knows best, and is always in control”. Ameen.

Mohammed I. TSAV Esq.,
Chairman-Emeritus,
NBA Bwari Branch.

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