The Nigerian Bar Association Section on Public Interest and Development Law (NBA-SPIDEL) has debunked the claim by NBA Benin Branch that it relied on a repealed law when it tackled Edo State Chief Judge, Justice Daniel Okungbowa on the setting up of the State Local Government Petition Tribunal.

The branch had carpeted NBA-SPIDEL on its position that it “has taken due notice of the confounding reports from Edo State of the somewhat neglect of the office of the Honourable Chief Judge of Edo State to mandatorily constitute the 5-man election tribunal(s) as compelled by the provisions of section 78 of the Edo State Local Government Electoral Law and the Edo State Independent Electoral Commission Establishment Law.”

But in a rebuttal made available to CITY LAWYER, NBA-SPIDEL wrote: “We ask, if the 2013 amendment which allegedly provides for 3-man election petition tribunal(s) was the existing law in 2018, pursuant to which law therefore did the office of the Edo State Chief Judge constitute 5-man election tribunal(s) in 2018? In other words, why did the very learned office of the Honourable Chief Judge of Edo State constitute 5-man election petition tribunal(s) instead of 3-man tribunal(s) in 2018 in light of the 2013 amendment which provides for 3-man election petition tribunal(s) in Edo State?

“Curiously, why did NBA Benin branch not bring the existence of the 2013 amendment to the attention of the office of the Honourable Chief Judge of Edo State in 2018, to properly direct the mind of the Honourable Chief Judge from constituting illegal 5-man election petition tribunal(s) then?

“Indeed, could everyone in the highly educated Edo State have been so comprehensively misled as to the real state of the law in 2018?”

Restating its position, the association wrote: “NBA-SPIDEL therefore states without equivocation that it stands by its earlier statement and is certainly sure-footed on its reliance on Section 78 of the Electoral Law of Edo State pursuant to the recognition granted to the 2012 and 2017 amendments by the extant 2022 amendment Law.”

Chastising the branch leadership for wading into the matter, NBA-SIDEL wondered why it held itself out as the mouthpiece of the tribunal, saying: “Finally, NBA-SPIDEL believes that the office of the Chief Registrar of the Edo State High Court is the appropriate authority to respond (if at all) to our earlier statement. With utmost respect, NBA Benin branch has no duty to respond to NBA-SPIDEL on this issue for very obvious reasons. The NBA does not and should not operate in this way. With due respect, the statement of the much-respected NBA-Benin branch was certainly pugnacious. However, NBA-SPIDEL takes it in good faith.”

RE: NBA RAPS EDO CHIEF JUDGE OVER ELECTION TRIBUNALS; A RIPOSTE TO THE STATEMENT OF NBA BENIN BRANCH.

The statement of NBA-Benin branch signed by her chairman and secretary, respectively, on the matter of the constitution of election petition tribunal in Edo State by the Honourable Chief Judge of Edo State, has come to the attention of NBA-SPIDEL.

In the said statement, the well-respected NBA Benin branch (the Lion bar) stated that NBA-SPIDEL placed reliance on an extinguished or repealed section 78 of the Edo State Local Government Electoral Law and the Edo State Independent Electoral Commission Establishment Law ( hereinafter simply referred to as the electoral law) in SPIDEL’s statement made on the 19th of September, 2023, with respect to the constitution of election tribunal in Edo State by the Honourable Chief Judge of Edo State.

Though we admit that it certainly looks incongruous for a branch and a section of the Nigeria Bar Association (NBA) to trade public statements on an issue, however it is ethically germane that NBA-SPIDEL robustly respond to the statement of NBA Benin branch to protect its integrity, set the records straight, and put the issues in proper perspectives.

NBA Benin branch stated that contrary to the assumption of NBA-SPIDEL, that section 78 of the Edo State Independent Electoral Commission Establishment Law was extinguished or repealed by an amendment that came into force on the 17th day of April, 2013. With utmost respect to our respected NBA Benin branch, we find it difficult to agree to that suggestion having regard to the state of the law and facts pertaining to this issue that are within our purview.

For the records, the extant applicable law on this issue is the Edo State Local Government Electoral Law and the Edo State Independent Electoral Commission (Re-enactment) (Amendment) Law, 2022 …. section 2 of the said enactment is hereby referenced.

More importantly, section 4 of the said enactment provides that
“The Edo State Local Government Electoral Law and the Edo State Independent Electoral Commission Establishment (Re-enactment) Law 2012 and the amendment Law 2017 and the Edo State Local Government Electoral Law and the Edo State Independent Electoral Commission Establishment (Re-Enactment) (Amendment) Law 2022 (hereinafter in this law referred to as the “the principal Law) are hereby amended as provided for in this law.”

A careful and fecund appraisal of the above-referenced section 4 of the extant electoral law indicates that the said section 4 mentioned or referenced all past/previous amendments to the electoral law i.e, the 2012 and the 2017 amendments.

NBA-SPIDEL holds the view that the reference, recognition, and mention of the 2012 and 2017 amendments by section 4 of the 2022 electoral law expressly excludes any other purported amendment, (inclusive of a 2013 amendment) not recognized, referenced and/or mentioned by the said section 4 of the extant law of 2022.

NBA-SPIDEL also holds the considered view that by the deliberate exclusion and/or non-statutory recognition of, and/or the non-legislative reference to any 2013 amendment as forming part of the extant 2022 law, the purported 2013 amendment is by implication not in existence or never even existed.

NBA-SPIDEL is fortified in its view above, due to the fact that in 2018, the office of the Honourable Chief Judge of Edo State acting pursuant to the then extant Edo State Local Government and the Edo State Independent Electoral Commission Law i.e. as amended in 2017, rather constituted 5-man election petition tribunal(s) to hear and determine petitions arising from the then local government election instead of 3-man election petition tribunal(s).

NBA-SPIDEL believes that the office of the Honourable Chief Judge of Edo State would have expectedly constituted 3-man election tribunal(s) in 2018 if the the-NBA-Benin-referenced 2013 amendment was actually in existence in 2018.

NBA-SPIDEL and discerning Nigerians are interested in knowing why the office of the Honourable Chief Judge did not constitute 3-man election petition tribunal(s) in 2018?

We ask, if the 2013 amendment which allegedly provides for 3-man election petition tribunal(s) was the existing law in 2018, pursuant to which law therefore did the office of the Edo State Chief Judge constitute 5-man election tribunal(s) in 2018? In other words, why did the very learned office of the Honourable Chief Judge of Edo State constitute 5-man election petition tribunal(s) instead of 3-man tribunal(s) in 2018 in light of the 2013 amendment which provides for 3-man election petition tribunal(s) in Edo State?

Curiously, why did NBA Benin branch not bring the existence of the 2013 amendment to the attention of the office of the Honourable Chief Judge of Edo State in 2018, to properly direct the mind of the Honourable Chief Judge from constituting illegal 5-man election petition tribunal(s) then?

Indeed, could everyone in the highly educated Edo State have been so comprehensively misled as to the real state of the law in 2018?

Has NBA Benin branch by this intervention not inevitably declared the entire acts and decisions of the 2018 Edo State Election Petition Tribunal void and unlawful ab inito? What did NBA Benin branch do to ensure that the provisions of the 2013 amendment were scrupulously adhered to in 2018?

Conclusively, NBA-SPIDEL has no doubt that NBA Benin branch will inevitably come to the conclusion that something is definitely wrong somewhere if she decides to interrogate and investigate the seeming lacuna in the extant enactment and the previous constitutions of election tribunals in Edo State? More importantly, this conundrum points to the fact that there is really more than meets the eye in all these. NBA-SPIDEL therefore urges NBA Benin branch to set up a committee to unravel the mystery in the interest and promotion of the rule of law, legislative integrity, judicial impartiality and the sustainability of our hard-earned democracy.

Arising from all these, NBA-SPIDEL is therefore of the considered view that either the NBA-Benin-referenced 2013 amendment is contrived, or the 2022 amendment law tells a lie about itself? Nonetheless, the extant law on this matter is the Edo State Local Government and the Edo State Independent Electoral Commission Amendment law, 2022. Imperatively, the 2022 electoral law and its provisions override all other purported amendments not referenced, recognised, and/or assumed by it.

NBA-SPIDEL therefore states without equivocation that it stands by its earlier statement and is certainly sure-footed on its reliance on Section 78 of the Electoral Law of Edo State pursuant to the recognition granted to the 2012 and 2017 amendments by the extant 2022 amendment Law.

NBA-SPIDEL unfortunately finds it difficult as the NBA Benin branch would want, to place reliance on a purported 2013 amendment not recognized nor referenced by the extant 2022 amendment law. NBA-SPIDEL is therefore undeniably justified in not placing reliance on the purported 2013 amendment when in fact, the exalted office of the Chief Judge of Edo State failed, neglected and/or refused to constitute the 2018 election tribunal(s) pursuant to the purported 2013 amendment.

Finally, NBA-SPIDEL believes that the office of the Chief Registrar of the Edo State High Court is the appropriate authority to respond (if at all) to our earlier statement. With utmost respect, NBA Benin branch has no duty to respond to NBA-SPIDEL on this issue for very obvious reasons. The NBA does not and should not operate in this way. With due respect, the statement of the much-respected NBA-Benin branch was certainly pugnacious. However, NBA-SPIDEL takes it in good faith.

Dated this 21st day of September, 2023.

John Aikpokpo-Martins
Chairman

Funmi Adeogun
Secretary

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