Bar Leader and aspirant for the post of Nigerian Bar Association (NBA) Second Vice President, Mr. Ede Asenoguan has queried his disqualification from the race, saying it leaves much to be desired.

In a statement obtained by CITY LAWYER and titled “THE 2024 NIGERIAN BAR ASSOCIATION (NBA) ELECTIONS: MY EXPERIENCE,” Asenoguan berated the Electoral Committee of the NBA (ECNBA) for disqualifying him based on grounds not stipulated by the NBA Constitution.

He also poked holes in the decision of the NBA National Officers Appeals Committee (NBA-NOEAC) upholding his disqualification, saying: “Yet despite having acknowledged the attachment of the said receipt of payment of BPF for 2024, the Appeals committee in their RESOLUTION of my Appeal held:

“The appeal committee finds that there is no evidence of payment of annual Bar Practicing Fee for year 2024 for this candidate. This is a prerequisite for a valid nomination. The only evidence of payment by candidate was the receipt for payment for stamp and seal made on the 4th day of March 2024 and not payment for BPF 2024.”

Describing the reasons advanced for his disqualification as “unsettling,” the former NBA Benin Branch Chairman wrote: “On-going through my own nomination forms, it was discovered that my receipt for the 2024 BPF was not attached and what was attached was the receipt for the payment for 2024 NBA stamp and seal. Surprising as this appeared to be, my representative who was on ground, had a duplicate copy of what was submitted and immediately showed and offered the ENCBA official my said 2024 BPF receipt as not only proof of the payment but also its availability on the spot. The ENCBA official refused to collect the receipt despite all entreaties from my representative to do so ….”

He stated that the ECNBA imported a ground not set out in the NBA Constitution to disqualify him, saying: “It is pertinent to note that what the ECNBA disqualified my candidacy for was “failure to attach” my 2024 BPF receipt and not failure to pay. It is further noteworthy that there is no provision in the NBA constitution that provides for disqualification of a candidate for election on grounds of “failure to attach” a receipt of payment. The constitution only requires that candidates and their nominators must have paid their dues as and when due and only punishes for failure to pay.”

He queried the screening process adopted by the electoral committee, saying: “By the above constitutional provision, it is clear that ECNBA lacks the power to disqualify a candidate unless the candidate specifically breaches a constitutional provision. I did not breach any constitutional provision, it is logical to pause and ask – what is the essence of screening done by ECNBA? Are they not supposed to verify receipts of payment submitted by candidates? Or once a receipt is attached, it is deemed as paid as and when due?”

Saying that he has only opted to set the records straight for posterity, he however stated that he would not litigate the matter. His words: “While I have no doubt in my mind that I have been unfairly treated and unconstitutionally disqualified from this year’s election, I have decided not to challenge this decision unfair as it may seem, not because of lack of courage or capacity to do so, but out of respect for our Noble and Respectable Association. An Association that has come under severe attacks by many in recent times. Even by highly placed members to such an extent that its very foundation is shaking. God forbid that I contribute to this in any way.”

The full text of the statement is below. To view the text and attachments, click here.

THE 2024 NIGERIAN BAR ASSOCIATION (NBA) ELECTIONS: MY EXPERIENCE

In my desire to serve our dear Association as a national officer in the capacity of the 2nd vice president in the 2024 round of NBA elections, l obtained, filled and submitted the nomination form for the said position. This was after due consultations with my family, friends, colleagues, and teeming supporters across the country who believed and encouraged my candidacy for the said office.

The Electoral Committee of the Nigerian Bar Association(ECNBA) announced the date for the official opening of the nomination forms and invited prospective candidates or their representative to the event. I was represented on the said occasion.

On-going through my own nomination forms, it was discovered that my receipt for the 2024 BPF was not attached and what was attached was the receipt for the payment for 2024 NBA stamp and seal. Surprising as this appeared to be, my representative who was on ground, had a duplicate copy of what was submitted and immediately showed and offered the ENCBA official my said 2024 BPF receipt as not only proof of the payment but also its availability on the spot. The ENCBA official refused to collect the receipt despite all entreaties from my representative to do so; the ECNBA official said we would hear from them. I never heard from them until the ECNBA released the list of Candidates cleared for the election on 3rd May 2024. In the said publication my name was listed under the category of “DISQUALIDIED”. I equally got a mail wherein the reason for my disqualification was communicated to me. The reason communicated to me was:

“that you failed to attach to your Nomination Form evidence of your paid Bar Practicing Fees as at when due for 2024, rather what was attached was a receipt for the payment of N3,000.00 made on the 4th of March 2024 for Stamp and Seal”

“It is in view of your failure to fulfil the requirement of the constitution detailed above and the Guidelines for the election as contained in ECNBA Notice NO 3, that the ECNBA disqualified your candidacy for the position of 2nd vice president in the forthcoming 2024 NBA General Elections.”

Attached hereto are copies of the mail and notice of ECNBA.

It is pertinent to note that what the ECNBA disqualified my candidacy for was “failure to attach” my 2024 BPF receipt and not failure to pay. It is further noteworthy that there is no provision in the NBA constitution that provides for disqualification of a candidate for election on grounds of “failure to attach” a receipt of payment.

The constitution only requires that candidates and their nominators must have paid their dues as and when due and only punishes for failure to pay. This is as provided for in the Part VIII (f) of the 2nd Schedule to NBA constitution 2015 as amended which provides:

“The powers 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”

By the above constitutional provision, it is clear that ECNBA lacks the power to disqualify a candidate unless the candidate specifically breaches a constitutional provision. I did not breach any constitutional provision, it is logical to pause and ask – what is the essence of screening done by ECNBA? Are they not supposed to verify receipts of payment submitted by candidates? Or once a receipt is attached, it is deemed as paid as and when due? Especially now that confirmation is by a click of a button? Or is the requirement of attachment of receipt as stated by ECNBA in her notice No. 3 dated 11th March 2024 superior or override the clear provision of part VIII (F) of the 2nd schedule to the constitution?

MY APPEAL EXPERIENCE
ECNBA published their list of cleared candidates on the 3rd of May 2024. Even though the National Officers Election Appeals Committee (NOEAC) had been constituted, it was yet to issue a statement or guidelines on how the disqualified candidates wishing to appeal their disqualification could do so as at the time the ECNBA published their list.

The Appeals committee eventually published their statement/guidelines on the 6th of May 2024. I submitted my appeal to the committee via email as required by the committee on the 7th of May and I got an acknowledgement of the receipt of my appeal on the 8th of May 2024.

I attach herewith my appeal as was submitted and the mail trail of my communication with the Appeals committee.

The Appeals committee sent me their decision on the 16th of May 2024. In their Decision, my Appeal was dismissed. The said Decision is attached hereto.

MY CONCERNS WITH THE DECISION OF THE APPEALS COMMITTEE
First, I have earlier stated very clearly that I submitted my appeal on the 7th and received an acknowledgement of receipt of my appeal on the 8th of May 2024. So I am at a loss that for some inexplicable reason the Appeals committee stated in their said Decision that my appeal was filed on the 9th of May 2024 when I had received an acknowledgement from them on the 8th of May 2024. Were they referring to someone else’s appeal? Or they acknowledged my appeal before l filed it?
Again in the Decision under, “DOCUMENTS ATTACHED TO APPEAL,” the no 1 document listed is:

“1. A copy of receipt showing payment for Bar Practicing Fee dated 4th March 2024 for the candidate”

Yet despite having acknowledged the attachment of the said receipt of payment of BPF for 2024, the Appeals committee in their RESOLUTION of my Appeal held:

“The appeal committee finds that there is no evidence of payment of annual Bar Practicing Fee for year 2024 for this candidate. This is a prerequisite for a valid nomination. The only evidence of payment by candidate was the receipt for payment for stamp and seal made on the 4th day of March 2024 and not payment for BPF 2024”

It is for this reason that the appeals committee dismissed my appeal and affirmed my disqualification by ECNBA. Even though I am unable to grasp what is playing out, both by ECNBA and the NOEAC as regards their decision to disqualify me, the reason advanced for the disqualification is most unsettling against the backdrop of S 4(1) (b) and (c) of the NBA constitution on the privileges of paying BPF as and when due. Upon my receipt of the decision of the appeals committee I immediately sent a mail seeking clarifications on 2 issues to wit: (1). How my appeal was claimed to have been submitted on 9th as against 7th of May 2024 and acknowledgement of same was received on the 8th. (2). How after listing the receipt of a copy 2024 BPF receipt paid on the 4th of March 2024, they still came to the conclusion that they cannot find evidence of my payment of 2024 BPF.

The said email is attached and to which mail I never got a response.

CONCLUSION
While I have no doubt in my mind that I have been unfairly treated and unconstitutionally disqualified from this year’s election, I have decided not to challenge this decision unfair as it may seem, not because of lack of courage or capacity to do so, but out of respect for our Noble and Respectable Association. An Association that has come under severe attacks by many in recent times. Even by highly placed members to such an extent that its very foundation is shaking. God forbid that I contribute to this in any way.

I believe that the Association is bigger than all of us as members and deserves our support and sacrifices to continue to ensure its growth and strengthening. I consider it inappropriate and an acceptance of the false claims/conclusions reached by ECNBA and NOEAC that I did not pay my BPF for 2024, for me to keep quiet and not dispute their claims even if not for the purpose of the 2024 NBA elections but for truth and posterity sake. Failure to pay disqualifies a candidate not just from being voted for, but also from voting in the election. Here I am, qualified to vote having paid 2024 BPF but disqualified to be voted for, allegedly for not paying the same 2024 BPF. I believe we can do better.

I therefore wish to use this medium to thank my friends, colleagues, numerous supporters and sympathisers for their faith in me, tremendous support and encouragement and to assure you all that this setback will only inspire in us the continuous desire to pursue and see an NBA where truth, fairness and justice for her members is sacrosanct and the courage and wherewithal to pursue and defend the Rule of Law in our society is uncompromised. This is but just a bend and not the end of the road.
God bless us all.

OSAMUEDE I. ASENOGUAN
72℃ 15T EAST CIRCULAR ROAD,
BENIN CITY,EDO STATE,NIGERIA
08056070385
edeasenoguan@gmail.com

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