PETITIONER ASKS ECNBA TO BAR MAIKYAU FROM NBA ELECTION
* SAYS HE HAS PENDING PETITION AT LPPC
* ‘I HAVE NO COMMENTS,’ MAIKYAU TELLS CITY LAWYER
An embattled aspirant to the Nigerian Bar and erstwhile student of the Nigerian Law School has urged the Electoral Committee of the Nigerian Bar Association (ECNBA) to bar one of the leading presidential aspirants in the forthcoming NBA Elections, Mr. Yakubu Chonoko Maikyau SAN from taking part in the NBA presidential poll.
The petitioner, Mr. Kayode Bello, made the plea in a petition he emailed yesterday to the verified email handle of the ECNBA, email@example.com and copied to CITY LAWYER. Others copied in the petition include “Mr. Gadzama, NBA Presidential Aspirant;” “Mr. Laidi, NBA presidential Aspirant;” the “press/media;” Legal Practitioners Privileges Committee (LPPC); “United States Embassy (for rule of law),” and the United Nations Human Rights Council.
His words: “It is hereby prayed that Mr. Y.C. Maikyau, an aspirant for the NBA election, 2022, be screened properly based on the foregoing and his candidacy be suspended based on the doctrine of necessity to ensure sanctity and sanity of the noble legal profession. And that the ECNBA should do that which is appropriate and or necessary to sustain and maintain the nobleness of the legal profession.”
Meanwhile, Maikyau declined comment on the matter when CITY LAWYER contacted him, saying that the petition was not addressed to him. “Why should I respond?” he asked. He however expressed readiness to respond to the petition if asked to do so by the electoral umpire.
Dated May 2, 2022 and addressed to the Secretary, Electoral “Commission” of the Nigerian Bar Association, the petition was titled “PETITON AGAINST Y.C. MAIKYAU AT THE LEGAL PRACTITIONERS’ PRIVILEGES COMMITTEE: NEED FOR PROPER SCRUTINY AND SUSPENSION OF Y.C. MAIKYAU’S CANDIDATURE AS NBA PRESIDENTIAL ASPIRANT.”
The petitioner based the ground of his petition on section 20 (1) (f) of the Nigerian Bar Association (NBA) Constitution 2021 (as amended) which states that “A National Officer may be removed from office where he /she is involved in an act or behavior that brings or is likely to bring the Association into disrepute.‘’
He urged the ECNBA “to suspend the candidature of Mr. Y. C. Maikyau as the NBA presidential Aspirant, pending the determination of the disciplinary case against him at the Legal Practitioners Privileges Committee (LPPC) for his misconduct.”
Bello argued that the suspension of the candidature of Mr. Y.C. Maikyau “is necessary as expounded by the 13th century English jurist, Henry de Bracton,” adding that the doctrine of necessity is that ‘’that which is otherwise not lawful is made lawful by necessity.
“The suspension of Mr. Y.C. Maikyau from contesting as the NBA presidential aspirant would bring honour to the highly revered legal profession, and would prevent unnecessary distractions in the conduct of the NBA activities and duties in respect especially of the next administration of NBA and National Executive Committee of the NBA.”
Delving into the kernel of his grouse against the senior lawyer, Bello wrote: “The petition against Mr. Y.C. Maikyau at the LPPC is based on disobedience of Court Order obtained by me (Kayode Bello) permitting me to write my Bar Final examination at the Nigerian Law School after I was unlawfully expelled by the Nigerian Law School over reservation of seat by my colleague, Miss Chidinma Akam (who has been called to the Nigerian Bar), due to poor state of facilities at the Nigerian Law School.”
He alleged that he has not completed his Law School programme, blaming it “mainly to acts and lies” of a plethora of persons including a former Dean of Faculty of Law, University of Ibadan “who kept sending negative reports about me to the Nigerian Law School that led to my expulsion at the Nigerian Law School, Mr. Obasi Obi, the lawyer working with Mr. Y.C. Maikyau, Late Mr. Akinyemi Julius (of late memory) amongst others.
“Another Law School Application Form I obtained was sent by my Faculty of Law, University of Ibadan, to the Nigerian Law School for admission purpose but the Nigerian Law School has neither admitted me nor given reason it did not admit me. In accordance to the code of conduct of the Nigerian Law School, I was not barred from attending the Nigerian Law School.”
Stating that Maikyau “elected” to be the counsel to the Council of Legal Education, the beleaguered Bar aspirant alleged that “It is also untruthful, unfair and unbecoming of Mr. Y.C. Maikyau in his response to the Legal Practitioners Privileges Committee (LPPC) to have LIED that:
‘’ …. Notwithstanding the matters stated above, the Petitioner [myself] failed and or refused to show up to write the examination’’ (paragraph 12 of Mr. Y.C Maikyau’s reply to the Disciplinary Committee of the Legal Practitioners Privileges Committee (LPPC), Supreme Court of Nigeria, dated 14th March 2019, whereas on August 15th, 2017 I was at the Nigerian Law School gate to enter for the Bar Final Examination, but I was not
allowed to enter.”
Bello alleged that while he proceeded to court to levy contempt proceedings against Maikyau among others, the NBA presidential aspirant “used his position as the Senior Advocate of Nigeria to scuttle the reconciliation efforts as advised by Justice B.O. Quadri on 8th of September, 2017, that we (parties) should reconcile.”
Restating his grouse, Bello wrote: “In summary, Mr. Y.C. Maikyau who stands as presidential aspirant for the office of the NBA President in the forthcoming NBA election has lied to the LPPC that I did not show up at the Nigerian Law School for my Bar Final examination and he has used his office and position as the Senior Advocate of Nigeria to frustrate the reconciliation process between the Council of Legal Education and myself (Kayode Bello).
“The fact that Mr. Y.C. Maikyau lied to the LPPC that I did not or refused to show up for my Bar final examination in 2017 is/was tantamount to perverting justice and conspiracy to disobey the order of the Court.”
He alleged that the acts “are against the basic aims, objects and tenets of the Nigerian Bar Association,” and “prayed that Mr. Y.C. Maikyau, an aspirant for the NBA election, 2022, be screened properly based on the foregoing and his candidacy be suspended based on the doctrine of necessity to ensure sanctity and sanity of the noble legal profession.”
The ECNBA is yet to respond to the petition. The NBA Election is scheduled to hold on July 16, 2022 to elect National Officers and NBA representatives at the General Council of the Bar.
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