A presidential candidate in the recent Nigerian Bar Association (NBA) General Elections, Mr. Tobenna Erojikwe has asked the Chairman of the NBA National Officers Elections Appeal Committee to recuse himself from the appeal process.

In a letter dated 13th August, 2024 Erojikwe reeled out a plethora of complaints against the appellate umpire, saying: “I have also been made aware that some members of the Appeal Committee have openly declared their support for the candidate that was declared winner (the 5th Respondent in the Petition).”

Saying that he has “received media evidence of such non-partisanship regarding some members of the Appeal Committee,” he said he “will briefly dwell on the Chairman, Mr. Usman Ogwu Sule, SAN who issued a congratulatory message to the 5th Respondent and circulated same widely.”

Continuing, Erojikwe, who was announced as the runner-up in the poll, wrote that in a part of that message, the Chairman of the Appeal Committee commended the leadership of NBA “for being steadfast for the emergence of the people’s President”.

According to him, the Chairman went on to describe the elections as “historic”, “epochal” and “the freest and fairest NBA General Election”.

Erojikwe added that “Having publicly expressed such partisan opinion over the conduct of the Elections, the Chairman of the Appeal Committee is not qualified to sit as an unbiased umpire over disputes arising from that Elections. Indeed, he had a moral obligation to excuse himself from the Appeal Committee and it is a travesty that he did not.”

Aside from alleged non-partisan disposition of the appeal committee members, Erojikwe listed other reasons why electoral justice may elude him to include “refusal of adjournment despite the short notice,” “ex-parte communication relating to my petition and other matters,” and “refusal of the appeal committee to conduct hearings and admit evidence.”

He concluded that “It is for the above reasons that I reasonably believe that there is a likelihood of bias against me from the Appeal Committee. Therefore, for justice to be done and be seen to be done, I respectfully ask that a new and independent Elections Petitions Committee be set up to hear and determine my Petition against the NBA Elections of 20th July, 2024.”

The petition was copied to the NBA President, Mr. Yakubu Maikyau SAN.

CITY LAWYER recalls that a similar complaint during the election that brought Maikyau into office led to the resignation en masse of the appeal committee members and the reconstitution of the committee by then NBA President, Mr. Olumide Akpata. 

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