EDITOR'S CHOICE
Sep 01, 2022
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Comments Off on AKPATA REGIME BOYCOTT: EGBE AMOFIN ‘DISOWNS’ AKINTOLA

AKPATA REGIME BOYCOTT: EGBE AMOFIN ‘DISOWNS’ AKINTOLA

The influential umbrella body of lawyers of Yoruba extraction, Egbe Amofin O’odua has distanced itself from the assertion by its Deputy Leader and prominent lawyer, Chief Niyi Akintola SAN that the bloc took a decision to boycott the Olumide Akpata-led Nigerian Bar Association (NBA).

In an interview with a national daily, the Chairman of Egbe Amofin O’doua and former NBA General Secretary, Mr. Isiaka Olagunju SAN said that he is “not aware of that decision.” Olagunju also stated that the Yoruba cannot abandon NBA.

Saying that “Chief Akintola is entitled to his opinion,” the Egbe Amofin helmsman however stated that aside from being absent from the meeting where the alleged decision was taken, “I didn’t receive any handing over note to say that the Yoruba Lawyers Association should not participate in any of the NBA’s indices (sic).”

According to the PUNCH report, Olagunju was reacting to comments by Akintola on the unruly actions of some lawyers at the just concluded NBA Annual General Conference.

CITY LAWYER recalls that Akintola had in an interview with FRESH FM, Ibadan said: “When that boy Akpata came on board, we the Yoruba leaders, the Egbe Amofin, we took the unified position that we will not dignify that boy with our presence at any of his Bar gathering. Unfortunately, some of our people who took that decision alongside with us betrayed that trust.”

But Olagunju, in a chat with Judiciary Watch, on Tuesday, said he was not aware the group took such decision.

He said, “I am not aware of that decision. However, Chief Akintola is entitled to his opinion, and I was not in the meeting. By the record you can get from Akpata’s administration, you can see that Yoruba lawyers played prominent roles. There are quite a number of Yoruba lawyers who chaired some committees, even the election was led by a Yoruba man.

“I was at the NBA conference, Professor (Folake) Solanke was there, Lateef Fagbemi, Mallam Yusuf Ali, Dr Babatunde Ajibade (all Senior Advocates of Nigeria), several leaders and elders in Yoruba land were at the conference. So I am not aware, because I didn’t receive any handing over note to say that the Yoruba Lawyers Association should not participate in any of the NBA’s indices.

“It is our bar; Yoruba are the cutting edge of the NBA, how could we abandon the house that we have built?”

Mr. Ifedayo Adedipe, SAN, a member of the association, asked to be counted out of such an agreement if it ever existed. The lawyer said Akintola spoke for himself “and maybe people who attended such a meeting with him.”

He said, “I can tell you for free that any attempt at dividing the association along ethnic, regional or religious grounds, is bound to fail. It is a purely professional body, and while I recognise the right of people to hold views, I do not think it would be helpful to say that a regional body would be set up to say that whomever the president at one point or the other would not be supported for whatever reason.”

Disagreeing with Akintola’s position, Seyi Wemimo (sic), SAN stated that the legal luminary should have gone further to say what would have been done better had Egbe Amofin supported Akpata’s administration.

He said, “The reality is that Akpata has already finished his term, and I don’t know whether if the Egbe Amofin group had supported him, we would have seen any greater performance.

“Again, as the president of the bar, Akpata is supposed to be independent-minded. Despite what Egbe amofin may have held, he (Akpata) succeeded in becoming the president of the bar, which shows that the body did not have any remarkable influence on the outcome of the election.”

Mr. Dele Adesina, SAN, who seemed to be in agreement with the learned silk, stated that the Egbe Amofin had their grievances, and nobody can blame them for taking the decision they think they wanted to take, and they took.

“I don’t think that is an issue you should flog, because that administration is over. Generally, there are people who don’t hide their feelings; they say it as it is. Different folks and different strokes, that is what life is made of.

“The fact that the administration has ended made the discussion a little academic. They had their (Egbe Amofin) grievances, they had the point they were stressing at the time, and nobody can blame them for taking the decision they think they wanted to take, and they took.”

Former NBA Akure Branch Chairman, Mr. Ola Dan Olawale had in a CITY LAWYER report given a detailed account of how the boycott decision was taken by Egbe Amofin O’odua.

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EDITOR'S CHOICE
May 07, 2021
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Comments Off on INTERNET VOTING VIOLATES NBA CONSTITUTION, SAYS GADZAMA

INTERNET VOTING VIOLATES NBA CONSTITUTION, SAYS GADZAMA

SEEKS INCLUSION OF YOUNG LAWYERS IN STANDING COMMITTEES

Former Nigerian Bar Association (NBA) presidential candidate, Chief Joe-Kyari Gadzama SAN has warned that a reform of the association’s electoral process has become “urgent,” adding that the NBA Constitution does not envisage internet voting as currently used for past NBA elections.

In a memorandum to the NBA Constitution Review Committee, Gadzama argued that “It is my humble but firm personal view that the electronic voting envisaged in the Nigerian Bar Association (NBA) Constitution is voting without the use of internet. Indeed, the universal suffrage stipulated by NBA Constitution is a welcome development and can be achieved transparently with strict adherence to electronic voting.”

According to the leading litigator and arbitrator, “Electronic voting will entail voting at all the branches of the NBA at their respective election centers and in the presence of the agents of the various candidates, through the use of dedicated computers or electronic voting machines for members to cast their votes. Upon casting of votes, there could be a paper backup to enhance the accountability, transparency and auditability of the election. Significantly, all these are not obtainable with internet voting. This electronic system has been adopted and used in the past by the NBA Abuja branch for its branch elections.”

Gadzama noted that current NBA President, Mr. Olumide Akpata “expressed initial concerns over the 2020 electoral process shortly before the election,” adding that “Mr. Dele Adesina, SAN who was a Presidential contestant at the said election rejected the outcome of the election which rejection almost tore the Bar apart but for the intervention of eminent members of our noble profession.”

Below is the full text of the memorandum.

MEMORANDUM TO THE NIGERIAN BAR ASSOCIATION (NBA) CONSTITUTION REVIEW COMMITTEE

JOE-KYARI GADZAMA, OFR, MFR, SAN, FNIALS, FICMC, FCIArb, Chartered Arbitrator.
Chairman, Mentorship Committee of the Body of Benchers
Formerly: Pioneer Chairman, NBA – SPIDEL; Vice Chairman, NBA – SLP; Council Member, NBA – SBL & Chairman, NBA Abuja Branch.

1.0 INTRODUCTION:

1.1 This memorandum is in response to the call by the NBA Constitution Review Committee for submission of memoranda on further amendments to the provisions of the NBA Constitution 2015 (as amended). As a major stakeholder in the process, having contested the 2016 NBA National Officers’ election, this memorandum is my modest contribution to this genuine reform process. In the light of the foregoing; I hereby recommend some Constitutional amendments and other proposed reforms outlined hereunder for consideration by the Committee in line with your terms of reference.

2.0 YOUNG LAWYERS’ REPRESENTATION AT NEC:

2.1 It is my view that young lawyers ought to have constitutional representatives at the NEC meetings in order for them to feel a sense of responsibility and belonging in this noble profession and for them to realize that their interests are being protected. Section 7 (1) only provides for National Officers, All past Presidents and General secretaries, all chairmen and secretaries or registered branches, one other representative of each branch, chairmen and secretaries of sections and other deserving members of the Association which include Senior Advocates of Nigeria, senior members who are over 25 years post-call and special interest groups/active members who are over 10 years post-call.

2.2 It is my humble recommendation that the affairs of young lawyers can be statutorily represented at the NEC meetings by amendment of Section 7 (1) by the introduction of a new Section 7 (1) (f) to specifically list at least the Chairman of Young Lawyers’ Forum as statutory member of NEC. The current 7 (1) (f) can now be the new Section 7 (1) (g).

3.0 YOUNG LAWYERS’ MEMBERSHIPS AT STANDING COMMITTEES

3.1 By the interpretation of Section 12 (3) (b) under the membership of standing committees and Section 10 (10) of the third schedule of the Constitution, it states that the Chairman of each committee shall be a member of not less than 10 years post-call while the Secretary shall be a member of not less than 5 years post-call. There is no explicit involvement of young lawyers in the make-up and representation of the members in the standing committees.

3.2 It is my view that Young Lawyers can be statutorily represented in these committees by drafting them in various committees and thereby making sure that they are actively involved in the affairs of the NBA. Therefore there can be new Sections 12 (3) (c) & Section 10 (10) (c) of the third schedule of the Constitution which explicitly mention the involvement/representation of young lawyers from 0- 7 years post call in various standing committees. The current Sections 12 (3) (d) can now be 12 (3) (e) and Section 10 (10) (f) of the third schedule of the Constitution be changed to Section 10 (10) (g).

4.0 VOTING METHOD UNDER THE NBA CONSTITUTION:

4.1 It is my humble but firm personal view that the electronic voting envisaged in the Nigerian Bar Association (NBA) Constitution is voting without the use of internet. Indeed, the universal suffrage stipulated by NBA Constitution is a welcome development and can be achieved transparently with strict adherence to electronic voting. This view is fortified by the express provision of section 9(4) of the Nigerian Bar Association Constitution which states thus:

“Section 9(4) – Election into National Offices shall be by universal suffrage and electronic voting as set out in Second Schedule.”(Emphasis ours)
Paragraph 2.4(a) of the said Second Schedule of the NBA Constitution provides that;
“Voting at the election shall be by electronic means (E-voting).”(Emphasis mine)

4.2 The true intention of the Constitution, I humbly submit, for conduct of elections electronically without the use of the internet can further be discerned from paragraph 2.4 (c) of the second schedule which provides for verification of voters, place, time and platform to be utilized for electronic voting for each particular election year taking into consideration the state of available technology and information technology infrastructure of the branches in order to afford all registered voters the opportunity to vote.

4.3 Voting over the internet has proven to be non-transparent and problematic which has led to the challenge in Court of the outcome of the 2016 and 2018 NBA elections conducted using internet voting. The system of voting over the internet is highly susceptible to manipulations and experience has also shown that genuine cases of disenfranchisement of eligible voters keep recurring. Recall that the NBA President, Mr. Olumide Akpata, expressed initial concerns over the 2020 electoral process shortly before the election while Mr. Dele Adesina, SAN who was a Presidential contestant at the said election rejected the outcome of the election which rejection almost tore the Bar apart but for the intervention of eminent members of our noble profession. This dissatisfaction was a result of some of the inevitable challenges associated with internet voting.

4.4 As stated earlier, the electronic voting envisaged under the NBA Constitution is different from internet voting which was used to conduct the 2016, 2018 and 2020 NBA National Officers’ election as a result of the misinterpretation of the relevant sections. Internet by definition is a global computer network providing a variety of information and communication facilities, consisting of interconnected networks using standardized communication protocols. Electronic, on the other hand, can be said to be a device having or operating with components such as microchips and transistors that control and direct electric currents.

4.5 It is clear that while internet voting requires the use of electronics, electronic voting does not require the use of internet. I-voting (which has been used over time by NBA at the National level) relies totally on the use of the internet, whereas E-voting, envisaged under the NBA Constitution, does not require the internet. E-voting envisages a situation where all the branches of the NBA at their respective election centers and in the presence of the monitoring agents of the various candidates, will use dedicated computers or electronic voting machines to cast their votes.

4.6 Electronic voting will entail voting at all the branches of the NBA at their respective election centers and in the presence of the agents of the various candidates, through the use of dedicated computers or electronic voting machines for members to cast their votes. Upon casting of votes, there could be a paper backup to enhance the accountability, transparency and auditability of the election. Significantly, all these are not obtainable with internet voting. This electronic system has been adopted and used in the past by the NBA Abuja branch for its branch elections.

5.0 POSSIBLE AMENDMENT OF NBA CONSTITUTION:

5.1 Although it is my interpretation that the NBA Constitution envisages electronic voting (without use of internet), we can still continue with internet voting considering that it is more convenient and in line with the global trend. For these reasons, I will also be inclined towards internet voting provided that the vote of each voter is revealed instantly to show who the voter casts his ballot for. After all, we are all members of the same professional family of lawyers. Indeed, this will make the system more transparent and any result that it produces will be generally acceptable by the majority. In that case, it would be ideal to amend section 9(4) of the NBA Constitution and paragraph 2.4 of the schedule to eliminate any ambiguity and to bring it in line with the adopted electronic voting system.

6.0 OPEN BALLOT SYSTEM:

6.1 As stated earlier, if internet voting is to be adopted for future elections which appears to be the preference due to convenience and the fact that it is in line with the global trend, it will therefore be my strong recommendation that there should be full real-time disclosure of the names of voters and who they cast their votes for. This is akin to the Option A4 voting system in conventional elections. Display of the votes as they are being cast, showing the choice of voters, will indeed enhance accountability and transparency of the process.

6.2 I understand that some persons may prefer that their votes remain anonymous, if this is the position adopted by the NBA, then the choice of the voters may be kept hidden whilst the real-time tally is revealed to everyone. Furthermore, there should be a hidden trail to show who a voter opted for which would only be revealed in the instance of a dispute as to the result or credibility of the election.

7.0 EARLY SET-UP OF ELECTORAL COMMITTEE:

7.1 The responsibility of conducting the Nigerian Bar Association (NBA) National Officers’ election rests squarely with the Electoral Committee of the Nigerian Bar Association (ECNBA). It is my fervent recommendation that this important committee should be set up early enough to begin preparations for the election in every election year in good time. Since the deadline for payment of Bar Practicing Fees is end of March in every given year, we should consider setting up the ECNBA in April so that they can commence work in good time and possibly release guidelines in May of the election year. This will go a long way in ensuring that adequate preparations are made in advance for every NBA elections.

8.0 INVOLVEMENT OF SITTING NBA PRESIDENT IN THE PROCESS:

8.1 Another issue that has to be addressed frontally is the involvement of the sitting NBA President and indeed the sitting NBA EXCO in the election process which sometimes confers an undue advantage on any candidate ‘anointed’ by the incumbent NBA President. In 2016, the then incumbent President was openly partisan and he engaged in open campaigns and endorsements of my opponent at that time and these contributed to the absence of a level playing field for all candidates in that election. Another worrisome trend is the appointment of all ECNBA Chairmen from the zone of the sitting President. In 2016, Mr. Ken Mozia, SAN who is from the same zone with the then sitting President – Mr. Augustine Alegeh, SAN was the ECNBA Chairman. In 2018, Prof. Auwalu Yadudu was the ECNBA Chairman and was from the same zone as the then NBA President, Mr. A. B. Mahmoud, SAN. In 2020, Mr. Tawo Tawo, SAN from the same zone with the then NBA President, Mr. Paul Usoro, SAN, was appointed as the ECNBA Chairman. No doubt, all three former NBA Presidents did their best to uplift the Bar during their tenure and all the ECNBA Chairmen appointed during their respective regimes are respectable and reputable senior members of the Bar, but that is not the issue. The issue here is the perception of the majority of members of the Bar. Could this be a coincidence or a deliberate ploy, as assumed by many, to ensure that only those supposedly very close to the NBA President are appointed as ECNBA Chairman? I believe that deliberate efforts should be made to discourage a pattern whereby only someone from the same zone with the sitting NBA President is appointed as ECNBA Chairman. No doubt, this will go a long way in building confidence in the process. By all means, the ECNBA should be able to maintain sufficient independence from the NBA leadership, particularly the President.

9.0 REAL TIME MONITORING OF VOTES & AUTOMATIC COLLATION OF RESULTS

9.1 The votes as they are being cast should be displayed real time in a transparent manner accessible to all members of the Association. Collation of votes should also be automatic after the last ballot is cast unlike what we had in 2016 when there was a delay of over one hour and twenty minutes before releasing the results on the display screen after the close of polls at 12 midnight on Sunday, 31st July 2016.

10.0 DUE PROCESS FOR ENGAGEMENT OF INFORMATION TECHNOLOGY SERVICE PROVIDER

10.1 For future elections, there should be clear yardsticks, objective basis and/or set parameters for engagement of any IT service provider that will provide any IT infrastructure and/or support for the NBA elections. Mechanisms must be put in place to ensure that only qualified, experienced and competent IT Companies without interest in the outcome of the election are engaged. Due diligence must be conducted on any prospective IT Company before engagement. As I stated earlier in an interview, it should be a Company that has no real interest in who emerges as winners of the election other than a reflection of the wishes of the majority of members of the Bar. Importantly, the selection and/or appointment of IT Company should not be done or influenced by the NBA President; rather it should be done independently by the ECNBA with the active involvement of the candidates (especially the Presidential candidates). Candidates should also be allowed to audit the infrastructures of the IT Company before it deploys its facilities.

11.0 SEAMLESS VOTER REGISTRATION PROCESS

11.1 Voter registration is an integral aspect of any election. It is a pre-condition for voting in NBA election as stipulated in paragraph 2.2(f) of the second schedule to the NBA Constitution. The NBA electoral process should be configured in such a way that all eligible voters, who have paid their Bar Practicing Fees (BPF) by 31st March of every given year, are allowed and given the opportunity to vote seamlessly for candidates of their choice. The list of financially up-to-date members should be automatically collated and made public shortly after the deadline for payment of BPF. In the past, there have been genuine and verified complaints of the inability of some of our eligible members to register for the voting process. To my mind, the registration process should be stress-free and transparent without any impediments.

11.2 Another pre-condition for voting in the NBA election as stipulated in paragraph 2.3 (d) of the second schedule to the NBA Constitution is that the full list of all legal practitioners qualified to vote shall be published at least 28 days before the date of the election. This provision can be reviewed and the time frame changed to at least 60 days to enable those whose names may have been inadvertently left out of the register to have ample time for same to be rectified. This would solve the issue of eligible voters claiming that they have been disenfranchised. It would be ideal to create a longer time between publication of the names and the date of the election given what had transpired in the past elections.

12.0 INVOLVEMENT OF NBA SECRETARIAT IN THE PROCESS

12.1 The NBA Constitution currently vests the responsibility of conducting National Officers’ elections on the ECNBA. However, there is still some level of involvement of the NBA National Secretariat in the process and since the secretariat is also manned by NBA Staff (some of whom are lawyers), the issue of partisanship cannot be overruled. See paragraph 2.3 (d) of the second schedule to the Constitution which gives the National Secretariat the responsibility, in conjunction with the ECNBA, to publish the full list of all eligible legal practitioners. This committee should consider a mechanism or system that will result in reduced involvement of the NBA Secretariat in the system. Currently, paragraph 2.1 (d) of the second schedule to the NBA Constitution provides that completed forms received in respect of the elections shall be forwarded to the NBA Secretariat and thereafter referred to the Electoral Committee. To reduce and/or check any possible interference by the NBA Secretariat, it is desirable to amend the referenced provision to constitutionally allow completed forms to be submitted directly to the ECNBA. Furthermore, the feasibility of the ECNBA liaising directly with the NBA Branches for data should also be looked into. In conclusion, there must be a level playing field in any NBA elections and all candidates must be given access to interrogate every stage of the electoral process. It should be a fair contest.

13.0 CONCLUSION
13.1 The urgent need for the reform of the NBA electoral system cannot be overemphasized. It is indeed a collective responsibility of all of us to meaningfully & timely contribute to this electoral reform process in our little way. It is my fervent hope, genuine desire and humble prayer that these proposals will be duly considered in the overall interest of the entire Bar and towards minimizing the spate of disputes arising from future NBA elections so that together we can earn our deserved respect in the eyes of Nigerian politicians and Nigerians generally.

Thank you.
Dated 19th April, 2021.

MEMO_GADZAMA

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

EDITOR'S CHOICE
Aug 12, 2020
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‘I’M NOT SURPRISED AKPATA WON’ – CHIJIOKE OKOLI

BY EMEKA NWADIOKE

Bar Leader and former Nigerian Bar Association (NBA) Lagos Branch Chairman, Mr. Chijioke Okoli SAN has given a pass mark to the just concluded NBA Elections, saying he is not surprised that tier-one solicitor, Mr. Olumide Akpata won the presidential poll.

In an interview with CITY LAWYER, the fiery litigator stated that circumstances conspired to hand-over the mantle to NBA President-elect, even as he urged Akpata’s opponents to join hands with him to move the Bar forward.

His words:

“The election seems to be a significant improvement from the last one in which I could not even vote. Without prejudice to whatever genuine complaints some others may have, it was transparent in my view especially with the real-time results as the voting went on.

“It is therefore proper to commend the election committee for a good job. I know my Learned Brother Silk Chief Tawo as man of integrity, and he did not disappoint.

“As for the results, that of the President did not surprise me. Olu Akpata, truth be told, worked hardest and longest of all the contestants. And he rode the crest wave of the long lingering disenchantment of many – especially the vast horde of young lawyers – with the Bar status quo; an aspect of which is the bitterness some lawyers have for the institution of SAN and which was exacerbated by Otunba Awomolo’s rather unfortunate leaked letter to Chief Onomigbo Okpoko.

“Having said that, Olu proved with not only his top-tier firm and his stint in NBA-SBL that he possesses remarkable administrative capacity and vision. I congratulate him heartily as well as the winners of the other positions.

“I’m sure that if Olu works on the desk of NBA Presidency as hard as he campaigned for it then his tenure should be a refreshing and uplifting one for Nigerian lawyers. His cosmopolitan background and outlook should serve well in uniting a badly divided bar, including the seeming marginalization of the South West in the scheme of things. I’m sure he knows that a lot is expected of him, with the young lawyers especially investing fervent hope in his tenure for significant positive change in their professional fortunes.

“His task is enormous on many fronts, especially in leading the fight for the rule of law and enthronement of minimum standards in our administration of justice which are sadly lacking at the moment. The elections are over and we all remain friends at the Bar.

“I would urge all, especially his esteemed co-contestants and their supporters to rally round him to construct an NBA which works for all.

“Finally, the contest for the Assistant Secretary was such a closely fought one as to partake of an electoral thriller.”

Okoli had endorsed Dr. Babatunde Ajibade SAN in the run-up to the elections.

It is recalled that the Chairman of the Mr. Tawo Eja Tawo SAN had on July 31, 2020 declared Akpata as winner of the NBA presidential election held on July 29 or 30, 2020.

According to the ECNBA Chairman, Akpata polled 9,891 or 54.3 per cent votes to beat his closest rival, Ajibade SAN who garnered 4,328 (23.8 per cent) votes. Mr. Dele Adesina SAN polled 3,982 votes (21.9 per cent) to bring up the rear. Adesina had a few hours to the end of the election demanded cancellation of the poll, saying it was fraught with infractions. The election was held via ElectionBuddy, an electronic voting software deployed by Edmonton, Canada based firm.

Though a total of 29,636 lawyers were accredited for the election, only 18,256 or 62 per cent of the voters succeeded in casting their ballots.

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

EDITOR'S CHOICE
Aug 11, 2020
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ECNBA APPEARS BEFORE TRUSTEES, REPLIES ADESINA

BY EMEKA NWADIOKE

• CONTRADICTS ITSELF ON NUMBER OF VERIFIED VOTERS
• SET TO SUBMIT CLEAN LIST OF VERIFIED VOTERS TO BOT
• ELECTIONBUDDY SUBMITS CERTIFIED RESULTS
• ‘AUDIT WILL IDENTIFY EVERY VOTER, CHOICES’
• ‘THERE IS ROOM FOR IMPROVEMENT,’ SAYS TAWO

There are strong indications that the Electoral Committee of the Nigerian Bar Association (ECNBA) may have appeared before the NBA Board of Trustees (BOT) yesterday as Trustees opened hearing in a petition filed by erstwhile NBA presidential candidate, Mr. Dele Adesina SAN seeking to overturn the election.

CITY LAWYER had reported that the committee was to adopt its response to Adesina’s petition at yesterday’s hearing.

Meanwhile, the controversy over the exact number of voters on the register has refused to abate, as the electoral committee has now pegged the figure at 29,632 voters in its response to the BOT. The figure is different from the “total of 29,635 verified and duly accredited members who have fulfilled all requirements for voting in the NBA National Officers elections 2020” – as announced by the committee in its ECNBA STATEMENT N0. 018 ACCREDITED VOTERS LIST – or the “29636 eligible voters” which is still trending on the election results portal.

In the response obtained by CITY LAWYER and titled “RE: PETITION BY JULIUS OLADELE ADESINA SAN IN RESPECT OF THE NIGERIAN BAR ASSOCIATION (sic) 2020,” the electoral committee stated that it “through a transparent process, engaged an IT Consultant to advice the committee on the best possible options to achieve maximum result for the e-voting system and an enterprise voting platform to conduct the election.”

According to the ECNBA, “A record of Over 18,000 members of the NBA voters participated in the NBA national officers elections. In specific terms, the list of legal practitioners qualified to vote in the 2020 NBA national officers elections stood at 39,000.”

Though the electoral committee stated that “The verified voters were in excesses (sic) of 30,000,” it later declared in the response that “29,632 (75.36%) verified.”

Noting that 18,256 voters cast their ballot, “representing over 62% or verified/accredited Voters,” the ECNBA said: “The results were observed from all locations real time and same were later officially announced by the ECNBA. The election was adjudged by many as free, fair and transparent.”

Comparing the 2020 election with the 2016 and 2018 polls, the electoral committee stated that “In 2020, a total of 39,321 Lawyers made the final voters’ list, 29,632 (75.36%) verified, 18,256 voted representing 46.43% of the electorate and 61.61% of those verified by accreditation to vote.”

Responding specifically to Adesina’s petition, the committee in its 8-page defence dated August 5, 2020 and signed by its Chairman, Mr. Tawo Eja Tawo SAN said that “no illegal, inaccurate or flawed Voters Register was used in the 2020 National officers’ elections of the Nigerian Bar Association neither was the process subverted nor manipulated against or in favour of anybody by any person.”

The committee vowed that it did not deploy any illegal voters’ register for the elections, adding that “The Electronic voting platform is designed in such a manner that a post-election audit can identify every voter and his choices at the election.”

It also debunked Adesina’s allegation that the use of NBA stamp in compiling the voters’ register imperiled the elections, saying that the “stamp and seal list for 2020 was a mere handmaiden provided by the National secretariat based on data supplied by the Branches of persons who had paid their Bar practicing fees and Branch dues as prequalification for application for stamp and seal. The Branches sent further details to cover those whose names were not on the stamp and seal list.”

On the allegation that the final voters’ list violated the provision of the NBA Constitution which set out a 28 days deadline for the publication of the register, the committee said: “This (publication of the list of verified voters) must not be confused with the (39,321) final voters’ list of legal practitioners qualified to vote as required by Article 1.2.(d) to be published at least twenty-eight (28) days before the election.”

The committee also debunked the claim that there were names of lawyers on the accredited list without branches indicated, saying that “the said names already had their branches indicated in the full list of all legal practitioners qualified to vote which was published on the 1st of July 2020.”

On the controversial issue of “International diaspora” branch, the electoral umpire said that “the names that were erroneously tagged as International Diaspora, had their correct branches indicated on the aforesaid list of 1st July 2020. The error of the International Diaspora designation arose from the fact that same was amongst the list of branches on the NBA Verification portal (perhaps for futuristic projections) and became a default place holder for any member who did not indicate his/her Branch during verification. This was addressed in the contents of ECNBA Statement No.019 thereto.”

Noting that there was no untoward activity relating to uploading of the voters’ register “that would affect the outcome of the elections or disenfranchise any voter in the elections,” the committee added that it explained in its Statement No. 019 “the circumstances around the complaints of members that they were put in branches other than their own.”

The electoral committee promised to avail the Trustees with “accredited Voters’ list with the proper Branches of members reflected,” adding that “It may be compared with the names on the final voters’ list prior to verification/accreditation.” It also noted that the “active element” for the election or unique identifier for each member was the Supreme Court Enrollment Number (SCN). “At no time did the Committee receive any complain about ‘SAN Number’ which may well have been a reference to SCN number, if at all such an incident occurred. There is no such requirement for eligibility to vote in the elections,” the committee said.

Turning to the charge of “data diddling” as alleged by Adesina, the committee said: “The ECNBA reiterates that no data was programmed and/or preconfigured to a premeditated result “in any case of data diddling”. There was never and could never be any unholy alliance and collaboration between any candidate and the ECNBA.”

The committee declared that NBA portal was not deployed for the voting, adding: “Rather, it is a foreign enterprise platform called Election Buddy with a pedigree for the kind of electoral exercise conducted by the NBA. Prior to the voting exercise, the platform had been put through series of trials via mock elections involving the ECNBA members and national officers (excluding the NBA President), with a good showing. At the end of the elections, the Certification of the election results by Election Buddy (platform provider) has also been received by the ECNBA and is forwarded with this report.”

It stated that the committee “is not unaware that for two previous elections, the IT consultants/Service providers have been subject to litigations and invitations to the various organs of the States in a manner that have not given so much credit to the NBA,” noting that “This state of affairs has made many service providers wary of doing business with the NBA.”

The committee noted that the election portal “was programmed to deliver 5 notices of the election to each voter’s phone number and email and each failed attempt was aggregated. The failure to deliver the notices had nothing to do with the capacity of the platform but the phone number/email or the facility on the receiving device.”

Though the ECNBA denied that NBA President, Mr. Paul Usoro SAN usurped its powers to engage the Service Provider, it however admitted that “The MOU for the engagement for the ICT consultant was necessarily signed by the NBA because the ECNBA is a committee of the NBA and the former has no resources of its own to pay for the services.”

Concluding, the electoral committee noted that “There is no gainsaying the fact that there is room for improvement in the NBA electoral process, especially in the manner members’ data are maintained at the Branches and the need for Lawyers to optimize their digital skills to enable the e-voting system to be user friendly cannot be over-emphasized.”

It is recalled that Adesina had petitioned the electoral committee alleging irregularities and demanding a cancellation of the poll. In a letter to ECNBA Chairman dated 30th July, 2020 and personally signed by him, Adesina stated that the voters’ list “contained grave errors of omission and commission,” listing some of the errors as:

Leading solicitor, Mr. Olumide Akpata was on July 31, 2020 declared winner of the NBA presidential election held on July 29 or 30, 2020. Announcing the results, Tawo said Akpata polled 9,891 or 54.3 per cent votes to beat his closest rival, Dr. Babatunde Ajibade SAN who garnered 4,328 (23.8 per cent) votes. Adesina polled 3,982 votes (21.9 per cent) to bring up the rear. Adesina had a few hours to the end of the election demanded cancellation of the poll, saying it was fraught with infractions. The election was held via ElectionBuddy, an electronic voting software deployed by Edmonton, Canada based firm.

ECNBA RESPONSE

EDITOR'S CHOICE
Aug 09, 2020
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NBA TRUSTEES TO HEAR ADESINA’S ELECTION PETITION TODAY

EMEKA NWADIOKE

There are strong indications that the Nigerian Bar Association (NBA) Board of Trustees (BOT) will today begin hearing in the petition filed by Mr. Dele Adesina SAN against the declaration of Mr. Olumide Akpata as winner of the recent NBA National Officers Elections.

It is expected that the Electoral Committee of the Nigerian Bar Association (ECNBA) will appear before the panel to present its case against Adesina’s petition. A member of the committee told CITY LAWYER at the weekend that the board was scheduled to sit on the petition today, saying: “BOT is meeting on Monday. We are expected to formally adopt our response before them.”

Names of purported Lawyers without Branches ascribed to them from Serial Number 25171 to 29635;
Names of Lawyers under the subheading “International Diaspora” from Serial Number 12182 to 12268. A clear violation of the provisions of the Constitution of the NBA;
Inflation of the List of some Branches. For instance, Obollo-Afor Branch on the Final List for Verification had only 39 names on the List from Serial Number 30424 to 30462. Strangely, this increased to 662 on the Verified List;
Deletion of Names of Members removed from the Final List;

Many Members names found their way to Branches other than their own Branch.

He however queried why it was NBA President, Mr. Paul Usoro SAN that responded to his complaint as against the committee. He then petitioned the trustees.

In a petition dated 2^nd August, 2020 and addressed to BOT Chairman, Dr. Olisa Agbakoba SAN, Adesina stated that he “had the privilege of joining others to build the NBA before some of the god-fathers who are plunging the NBA into avoidable crisis today ever became involved in the affairs of the Association.”

Other members of the BOT are former NBA Presidents Joseph Bodunrin Daudu (SAN) and Augustine Alegeh (SAN), a former NBA General Secretary Obafemi Adewale and longstanding Bar Leader, Hajia Fatima Kwaku. Instructively, while Daudu threw his weight behind Adesina in the run-up to the election, Adewale endorsed Dr. Babatunde Ajibade SAN as the best man for the job. On his part, though Alegeh did not openly align with Akpata, he is said to be perhaps his most influential backer, even as he congratulated the NBA President-elect even before he was officially decalred as a winner of the election.

Citing alleged infractions of the NBA Constitution 2015 (as amended), the erstwhile presidential candidate said: “Our I.C.T. Consultants informed us that though the voting site might have appeared credible on the surface as a decoy, it is apparent to state that the data uploaded to the site was programmed and preconfigured to achieve a premeditated result in an obvious case of data diddling.”

According to Adesina, “it is apparent to state that the data uploaded to the site was programmed and preconfigured to achieve a premeditated result in an obvious case of data diddling.”

In the petition titled “Re: The Nigerian Bar Association 2020 National Officers Election: A case of classical electronic fraud, illegal and unconstitutional process: call for cancellation and a new election conducted for the Nigerian Bar Association (nba)” and copied to all the trustees and NBA past presidents, Adesina warned that “The time has come to regain the integrity of the Nigerian Bar Association by putting an end to unconstitutional and fraudulent elections in our Association.”

It is recalled that the Chairman of the Mr. Tawo Eja Tawo SAN had on July 31, 2020 declared Akpata as winner of the NBA presidential election held on July 29 or 30, 2020.

According to the ECNBA Chairman, Akpata polled 9,891 or 54.3 per cent votes to beat his closest rival, Ajibade who garnered 4,328 (23.8 per cent) votes. Adesina polled 3,982 votes (21.9 per cent) to bring up the rear. Adesina had a few hours to the end of the election demanded cancellation of the poll, saying it was fraught with infractions. The election was held via ElectionBuddy, an electronic voting software deployed by Edmonton, Canada based firm.

Though a total of 29,636 lawyers were accredited for the election, only 18,256 or 62 per cent of the voters succeeded in casting their ballots.

EDITOR'S CHOICE
Aug 08, 2020
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SHOCKER! NBA ELECTION PORTAL RESULT TALLIES WRONG

BY EMEKA NWADIOKE

• ALSO, MORE VOTERS ON PORTAL THAN ON VOTERS’ REGISTER

The tally of votes on the election portal deployed for the recently concluded Nigerian Bar Association (NBA) Election is incorrect, CITY LAWYER can authoritatively report.

Also, the Electoral Committee of the NBA (ECNBA) uploaded more voters than the number of voters published by the committee in its final verified voters’ register.

For the presidential race, while the election portal records that 18, 201 votes tallied and 54 abstentions were from “18, 256 ballots,” a tally of the votes and abstentions by CITY LAWYER shows that the correct total is 18,255 ballots. This shows that the total ballots shot up by one ballot.

When CITY LAWYER tallied the ballots for the post of 1st Vice President, the same error margin recurred. While the election portal hosted by ElectionBuddy, a world class election company, tallied the 17, 312 ballots and 943 abstentions at a total 18, 256 ballots, the actual figure is 18, 255 ballots.

For the post of 2nd Vice President, the election portal tallied the 15, 442 votes and 2,813 abstentions again at 18, 256 ballots as against the correct tally of 18, 255 ballots.

The tally for the post of General Secretary is not different. While ElectionBuddy tallied the 17, 941 ballots and 314 abstentions at 18, 256 ballots, the actual figure is again 18, 255 ballots, showing that the tally shot up by one ballot.

The error recurs for all the posts, including the uncontested posts such as Treasurer and Financial Secretary. The posts that suffered the same “mystery one vote” gap include Welfare Secretary, Publicity Secretary, Assistant Secretary and Assistant Publicity Secretary.

Meanwhile, the voters register deployed for the election may have exceeded the register used for the election again by one voter. While the ECNBA had in its “ECNBA STATEMENT N0. 018 ACCREDITED VOTERS LIST” declared the number of verified voters on the register as 29, 635, the records on the election portal show that 29, 636 voters were uploaded on the election platform. The notice on the election portal reads that 18, 256 ballots were “submitted of 29636 eligible voters.”

It is recalled that the electoral committee had while announcing the number of verified voters on the final voters’ register said: “Further to the publication of the full list of legal practitioners qualified to vote, the ECNBA now presents a total of 29,635 verified and duly accredited members who have fulfilled all requirements for voting in the NBA National Officers elections 2020.”

When CITY LAWYER sought an explanation on the wrong ballot tallies from the Electoral Committee of the Nigerian Bar Association (ECNBA), its Secretary Cordelia Eke promised to provide an explanation. However, despite repeated reminders, this was not made available at press time.

Former NBA presidential candidate, Mr. Dele Adesina SAN had petitioned the NBA Board of Trustees over the elections, alleging rigging and other irregularities. In a petition dated 2nd August, 2020 Adesina stated that “Our I.C.T. Consultants informed us that though the voting site might have appeared credible on the surface as a decoy, it is apparent to state that the data uploaded to the site was programmed and preconfigured to achieve a premeditated result in an obvious case of data diddling.”

Continuing, Adesina said: “Right from the outset of the election and up till the end of same, all the candidates virtually maintained the same percentage of votes relative to each other and the total votes cast. This fact alone is indicative of the possibility of a system which was programmed towards a predetermined result. A close examination of the recorded result at different timelines shows percentage movement of the Presidential Candidates as 54%, 23% and 21% with little or no variation. The system was obviously programmed to distribute votes at either +1 or – 1 throughout the 24 hour period. According to the Interim Report of our Technical Team, “statistically, the voting result showed no randomness of any sort, which raises the question of whether there was no tampering of votes.” ”

According to results announced by ECNBA Chairman, Mr. Tawo Eja Tawo SAN, Mr. Olumide Akpata polled 9, 891 or 54.3 per cent votes to beat his closest rival, Dr. Babatunde Ajibade SAN who garnered 4,328 (23.8 per cent) votes. Adesina polled 3, 982 votes (21.9 per cent) to bring up the rear. Adesina had a few hours to the end of the election demanded cancellation of the poll, saying it was fraught with irregularities.

EDITOR'S CHOICE
Aug 05, 2020
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AKPATA DISOWNS ATTACKS ON POLITICAL OPPONENTS

Nigerian Bar Association President-elect, Mr. Olumide Akpata has warned his supporters to desist from lampooning opponents while celebrating his victory at the poll.

In a post trending on social media, Akpata chided “my supporters who have unnecessarily targeted and excoriated our colleagues for no just cause,” and warned that such attitude would detract from his quest to forge a united Bar. He noted that “a divided Bar is a defeated Bar.”

It is recalled that some senior lawyers have expressed worry at what they perceive as disrespect from juniors in relation to the recent NBA Elections. Fiery longstanding NBA Chief Prosecutor, Mr. Jibrin Okutepa SAN has penned several statements on the subject, even as CITY LAWYER yesterday reported a searing indictment of erstwhile NBA presidential candidate, Mr. Dele Adesina SAN by Akpata’s accredited agent at the elections, Mr. Aderemi Oguntoye.

The full text of Akpata’s statement is below.

Dear Colleagues,

In the last few days, I have observed with concern the rising tide of social media vitriol by a few lawyers believed to be my supporters who have unnecessarily targeted and excoriated our colleagues for no just cause. Whilst I deeply appreciate everyone who contributed to my emergence as President-elect of the NBA, I do not subscribe to showing disrespect to other people because they did not support my candidacy. Ours is a noble profession that prides itself on the high sense of discipline, learning, respect for seniority and character for which its members are reputed.

The mandate that I have from Nigerian lawyers is to work for ALL members of the Bar irrespective of who they voted for in the just concluded elections. In my acceptance speech, I made the obvious point that there is so much work to be done to revitalise our Bar and make it work for everyone without discrimination. This enormous task cannot be achieved if we continue to fan the embers of division at a time when we desperately need to unite and speak with one firm voice.

I therefore use this medium to appeal to our colleagues (both junior and senior) who supported me to show respect to seniors and peers whilst celebrating last week’s electoral victory. We must be kind, magnanimous, respectful and sensitive by our words and actions. This is because doing otherwise would be a great disservice to our vision of building a stronger and formidable Bar. The electioneering season is far behind us. Now is the time to come together because a divided Bar is a defeated Bar.

I leave you with the words of the legendary Henry Ford who said: “Coming together is a beginning, staying together is progress, and working together is success.”

If we truly want to make progress and ultimately succeed as a Bar, then we have a responsibility to show respect to one another and stay together as one. The time to do this is now.
Olumide Akpata

EDITOR'S CHOICE
Aug 04, 2020
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AKPATA’S AIDE BLASTS ADESINA OVER NBA ELECTION

BY EMEKA NWADIOKE

SAYS ‘HE PREPARED TO FAIL’
‘HIS AGENT ONLY CAME TO SITUATION ROOM TO SUBMIT PETITION’

The controversies trailing the recently concluded Nigerian Bar Association (NBA) National Officers Elections took a new turn today following a fierce indictment of erstwhile presidential candidate, Mr. Dele Adesina SAN by an aide of NBA President-elect, Mr. Olumide Akpata.

It is recalled that Adesina had petitioned NBA Trustees, urging them to cancel the election due to alleged irregularities. Influential Yoruba lawyers’ forum, Egbe Amofin O’odua has also joined the fray, saying: “In clear terms, the Egbe Amofin rejects the purported results declared by the Election Committee of the Nigerian Bar Association (ECNBA).” CITY LAWYER also reported that the forum has placed a gag order on its members on the election, even as it appointed Mr. Femi Falana SAN and Chief Niyi Akintola SAN as its spokespersons on the election.

Apparently responding to the barrage of criticisms relating to the election, Mr. Aderemi Oguntoye, Akpata’s “Accredited Agent” at the ECNBA Situation Room for the election, blasted Adesina, saying he was “prepared to fail.”

In a trending post on social media, Oguntoye said Adesina “strongly believed he’s entitled to be handed the Bar Presidency since he served with Olanipekun as Gen-Sec and Olanipekun and Egbe endorsed him.” He stated that the former NBA General Secretary “didn’t realise that Egbe’s influence had limitations and it was actually counterproductive in the preceding circumstances of the endorsement.”

The ranking Akpata associate also noted that Adesina’s camp was aloof as regards tracking of the electoral process, adding that “the first time we had a glimpse of Adesina’s representatives was when they arrived in the afternoon of 30th July with the sole purpose of submitting their petition and this was well over 14 hours into the election.”

The full text of Oguntoye’s post is below:

Guys, pls calm down! Sustained grievance can lead to cancer. Quote me.

Adesina prepared to fail. Ask me why?

He strongly believed he’s entitled to be handed the Bar Presidency since he served with Olanipekun as Gen-Sec and Olanipekun and Egbe endorsed him. Adesina didn’t realise that Egbe’s influence had limitations and it was actually counterproductive in the preceding circumstances of the endorsement. My friends, endorsement doesn’t win elections, preparation does. *In the 21st century, nobody hands power, influence to you. You go for it.* You’ll be shocked to know that some junior lawyers in Adesina and probably Chief Olanipekun’s law firms actually voted Akpata. *The junior lawyers (age 21-33 yrs) don’t understand tribal sentiments,which our seniors are preaching on Egbe’s platforms, what they understand is Instagram and Tiktok and that’s the language OLU spoke to them* .😊😉

Pointer to Adesina’s preparation to fail:

On Wednesday 29th when the election was about to commence, ECNBA officials addresed candidates’ representatives btw 10:50pm-11:05pm. They explained the reason why they froze candidates from knowing ahead of time, the cyber platform to be utilised for the election. They basically guarded against likely direct interference by candidates with the platform/server providers (US company called Election Buddy). *Interestingly, Adesina’s representatives were absent.* At 1am, we (Ajibade’s agent and myself) were invited to ECNBA’s local tech room at the NBA house. They wanted to show us round in order to assure us that the ongoing election back up tech installation was free from manipulation.

You know what’s shocking? Adesina’s rep/agent was still no where to be found.* At about 1:30 am when the results platform temporarily froze, I agitatively rushed up to the ECNBA server room and the officials put a call through to the Americans hosting the main computation server, who later assured us that the link will come back on. They had to quickly re-configure the refreshing timing, since there was more traffic on the result link than voting link. They were overwhelmed by the number of lawyers and non-lawyers following up on the results even at 1:30am.

By 7:30am, I enquired from the ECNBA officials whether they had independent officials and they informed me that they had sent the link to nothing less than 7 Judges/Justices of different courts amongst other observers for monitoring.

Guys, the first time we had a glimpse of Adesina’s representatives was when they arrived in the afternoon of 30th July with the sole purpose of submitting their petition and this was well over 14 hours into the election.

Please, let no one fool us because we are a very intelligent people and we shouldn’t be swayed by Adesina’s pre-planned reaction. The fellow doesn’t wish to go into oblivion without some noise. My inclination is that he either overestimated his chances or he knew he would lose. *How do you explain his inability to present a situation room representative as required by the ECNBA?

Enough said for now.

Aderemi Oguntoye

Olumide Akpata’s Accredited Agent at the ECNBA Situation Room at the just concluded NBA Elections

EDITOR'S CHOICE
Aug 03, 2020
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EXCLUSIVE: EGBE AMOFIN CRACKS, GAGS MEMBERS ON NBA ELECTION

BY EMEKA NWADIOKE

• EGBE BLOC CONGRATULATES AKPATA, ASSURES SUPPORT
• ADESINA PETITIONS NBA TRUSTEES

Cracks have emerged within Egbe Amofin O’odua ranks as a major bloc in the influential regional group has congratulated Nigerian Bar Association President-elect, Mr. Olumide Akpata on his victory at the poll.

Meanwhile, there are strong indications that Egbe Amofin O’odua may have barred its members from commenting on the outcome of the NBA Elections. The gag order was made after a meeting of the group at the weekend, CITY LAWYER can authoritatively report. Firebrand human rights activist, Mr. Femi Falana SAN is among the two persons appointed as spokespersons on the election.

Egbe Amofin ni Eko, the Lagos bloc of the group, has congratulated Akpata on his victory, assuring him of “our individual and collective support for your administration and for our noble mother association.”

The bloc had in the run-up to the hotly contested NBA Elections endorsed Adesina, saying: “We are true sons and daughters of Oduduwa and we stand on the decision of Egbe made in Ibadan over the endorsement of a single candidate. Another meeting of the Egbe is only 13 days away. Any aggrieved candidate should approach Egbe. But for us, we stand on the decision of the mother group.”

But in a statement made available to CITY LAWYER and signed by the Chairman of the bloc, Mr. Martin Ogunleye, it said: “On behalf of the leadership and members of Egbe Amofin ni Eko, I hereby convey to you our congratulations on your emergence as President-elect of the Nigerian Bar Association.

“We are optimistic that your track record of service to the bar, especially as Chairman of the Section of Business Law, and your promise to take a 24 month sabbatical from law practice to serve the association, would be brought to bear to take our association, the NBA to greater heights.

“Please accept the assurances of our individual and collective support for your administration and for our noble mother association.”

While a leading member of the association had assured CITY LAWYER that he would proffer his opinion on the conduct of the election, things took a new today early today when he sent an apology saying: “I regret to inform you that we, members of Egbe Amofin ODUA have been barred from commenting, writing, granting interview and or posting on social media platforms any comment, write up and article on issues relating to the recently concluded NBA 2020 elections. Asiwaju Niyi Akintola, SAN and Femi Falana, SAN have been appointed as spokespersons for Yoruba Lawyers on the election. In deference to this directive, I will be resiling from my earlier commitment to send my write up on the election to your blog.

“The decision was taken at the last Egbe meeting held on Saturday. Please note that the directive affects only those who subscribed to Egbe Amofin ODUA ideals.”

It was unclear whether the gag order is linked to the congratulatory message by Egbe Amofin ni Eko. When CITY LAWYER contacted the Secretary of Egbe Amofin O’odua, Dr. John Akintayo at the time of going to press, he pleaded that he was “very busy” but assured that he would be available to speak subsequently.

It is recalled that Egbe Amofin O’odua had adopted Adesina as its sole candidate, even as erstwhile NBA presidential candidate, Dr. Babatunde Ajibade SAN opted out of the adoption process, arguing that it was devoid of transparency.

Meanwhile, Adesina has again petitioned NBA Trustees on the outcome of the election. In his latest petition, the senior lawyer alleged that the election “breached the fundamental provisions of the NBA Constitution itself in material particulars,” adding that provisions on publication of the Voters Register 28 days and appointment of Service Provider by ECNBA were violated.

He also alleged that while the ECNBA is expected to be independent, “Representations made by me to the ECNBA were very strangely responded to personally by the NBA President without any such response from the ECNBA which was the primary addressee of the complaints. The entire election looked like it was a personal show or project of the incumbent President including selection/appointment of service providers et al. Mr. Chairman, sir, what the NBA President did by comparison can be likened to a situation where the President of the Federal Republic of Nigeria conducts a Presidential election, hijacked the constitutional responsibilities by assuming the duties and responsibilities of INEC, appointing Service Providers, nominating and paying those who would print ballot papers, warehousing the ballot boxes, providing INEC Server etc.”

Continuing, he said: “In this connection, NBA will never be taken serious by Nigeria and Nigerians as well as other law associations outside our shores, including the International Bar Association (IBA) if these crass, abnormalities, illegalities and deliberate wholesale breach of our constitution are not redressed. Our dear Association must not be allowed to descend to opprobrium. We must not be made or subjected to a laughing stock.”

EGBE AMOFIN EKO

EDITOR'S CHOICE
Aug 01, 2020
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ELECTION CRISIS: USORO VOWS TO UNITE AKPATA, ADESINA, OTHERS

BY EMEKA NWADIOKE

Nigerian Bar Association (NBA) President, Mr. Paul Usoro SAN has committed to bridge the schism that has attended the just concluded NBA National Officers Elections.

CITY LAWYER recalls that one of the presidential candidates in the race, Mr. Dele Adesina SAN had in a searing petition to the Electoral Committee (ECNBA) carpeted the poll as a “sham election,” demanding its cancellation. Mr. Olumide Akpata was declared winner of the election, polling 9,891 or 54.3 per cent votes to beat his closest rival, Dr. Babatunde Ajibade SAN who garnered 4,328 (23.8 per cent) votes. Adesina polled 3,982 votes (21.9 per cent) to bring up the rear.

But in a response by Usoro addressed to NBA Past Presidents and Trustees, he stated that the election may have occasioned “wounds and bruises,” and warned against allowing the schism to deepen.

His words: “Now that the Elections are gone and past, I would, with the greatest respect, urge all our members, including the erstwhile contestants – both the winners and the losers – to join hands in healing the wounds and bruises that may have been occasioned by the Elections campaigns and results. It is inevitable that, in contests of this nature, there would be such wounds and bruises; we must however not allow them to fester and become open sores and flashpoints for divisions amongst us.”

Usoro assured that his immediate task is to facilitate the mending of fences between the combatants, saying: “That healing process is the most urgent and pressing assignment that we have, and I intend in the coming days to reach out to all the erstwhile contestants in that regard, notably, the Presidential candidates. I solicit your support and assistance, my dear Presidents and Trustees, in that task. There is much work to be done by all of us in the elevation of our Bar and we need to heal fast and then turn our attention, as a united Bar, to those tasks.”

In a detailed riposte to the allegations raised in Adesina’s petition, the NBA President vowed that neither him nor the ECNBA rigged the poll, saying that not only was the voter turnout unprecedented, the petitioner had adduced no evidence that any alleged infraction adversely impacted the result of the election.

He said it is “strange” that Adesina claimed that there were members “who received the link” but “could not vote,” adding that the “overwhelming evidence” that he received and also read on social media was that the voting process was “seamless” and “very easy for our members. I have so far not received any report from any member claiming that he or she had challenges in voting on the basis of the unique link that were sent to members from and by the Election Platform server. In any case, the ECNBA Statement No. 18 that was referenced in the Committee’s Statement No. 19 afore-referenced provided a helpline for members – 0700 5555 2020 – and I am hoping that those members who may have experienced voting challenges after receiving their unique links had contacted that helpline for assistance.”

Confirming that Adesina discussed his concerns with him before the election, Usoro said: “To reinforce the explanations in the ECNBA Statement No. 19, I further explained to Mr. Adesina that (a) all the names in the Verified Voters’ List were drawn from the Final Voters’ List that was published by the ECNBA on 01 July 2020 and that no new names were added; (b) all the names in the Verified Voters’ List are lawyers and had paid their Bar Practicing Fees and Branch Dues and had therefore met the eligibility qualification to vote in the Elections; and (c) the Elections would be determined, not on the basis of NBA branches but based on universal suffrage of the members which is the voting system enshrined in the Nigerian Bar Association Constitution, 2015 (as amended) and we should therefore not be fixated on the electronic glitches that assigned wrong branches to members. I stand by those explanations that I gave to Mr. Adesina and of course the fuller explanations that are contained in the ECNBA Statement No. 19.” He therefore warned against being “fixated” on the “electronic glitches” that assigned wrong branches to members.

Noting that Adesina has not been “forthcoming” with the details of the Senior Advocate of Nigeria that he mentioned in his petition, Usoro said: “Suffice to state that there were 29,636 verified voters for the 2020 NBA National Officers Election – a number that is far higher than the numbers we had in 2016 and 2018 for the NBA National Officers’ Elections that were held in those years. In my humble opinion, that is an advancement that we should all be proud of and should build on in succeeding Elections.”

The NBA President stated that “the relevant question to ask in regard to the security of the NBA Membership Portal is whether any member’s security was breached or compromised howsoever vis-à-vis the 2020 NBA National Officers’ Election. Prior to the Elections, I had read some non-specific allegations in that regard by a candidate and had requested for specific instance of any such breach to enable investigation by the NBA. Up till date, I have not received any such specific complaint, and none has been made in regard to the 2020 Elections. The NBA however remains open to investigate any such complaint if any is presented by Mr. Adesina or any other person.”

Usoro observed that 18,256 ballots were cast in the Elections consisting of 62% of the verified voters, saying: “That was by far higher than the number of ballots that were cast in the last 2 (two) NBA National Officers’ Elections since universal suffrage was introduced in 2015. Again, that is a feat which, in my very humble opinion, we should all exult and revel in. It reflects an incremental achievement which succeeding Elections can and should build on.”

He said that Adesina fell into error when he mistook the number of undeliverable notices for the number of persons who did not receive notices, saying that the number of notices “represented the aggregate of the undeliverable notices that were sent to each Verified Voter through the two notification channels – sms and e-mails. It also represents the aggregate number of blasts of such notices to each of the affected Verified Voter.” According to Usoro, the number of voters whose notices were previously undeliverable but were eventually able to vote also improved, climbing from 1,886 to 6,500. “That, in my respectful view, was quite commendable and showed an overarching commitment by the ECNBA to deliver on its mandate,” he said.

Alluding to the chequered issue of NBA database, Usoro said that “the inability to deliver those notices was not attributable howsoever to the Election Platform; it had everything to do with the NBA’s poor database (which, in point of fact, has been much improved under the present NBA administration) and the activation of DND in some of our members’ mobile phones.”

Usoro denied signing any Memorandum of Understanding (MOU) with the election portal vendor, adding that Adesina also got his information wrong on that score. His words: “In regard to the allegations relating to the procurement of the Election Platform, these are all incorrect, to the best of my knowledge. No MoU was signed on the Election Day in regard to the Election Platform. It is not quite clear what Mr. Adesina intends by his assertion that “the System . . . was . . . registered the very day the Election was to start”. As far as I know, the Election Platform, ElectionBuddy, belongs to a foreign company who has provided service such as we had for the NBA 2020 Elections in the past 12 years. Mr. Adesina, with the greatest respect, got his facts in regard to the Election Platform completely wrong. In any case, I would have thought that the more material issue should be whether the Election Platform provided satisfactory service to our members for the Elections. The evidence I have answers that question overwhelmingly in the positive. Mr. Adesina’s letter incidentally did not assert to the contrary. Regardless, the NBA remains open to address any specific queries that Mr. Adesina or any other may have in regard to the Election Platform.”

He said that Adesina left the “most critical” issue unaddressed, namely the integrity of the ballot. His words: “Perhaps I should first comment on the refreshing and complete transparency of the ballot. That is one feature that no one could dispute or quibble over. We were all election monitors, right from the first ballot to the last, using our various devices. It was possible for all our members to track the votes as they were cast. Another unique feature of the Elections was the unique link that was sent to each Verified Voter for him or her to access the platform and cast his/her ballot. That link was unique to the receiver and non-transferable; it was also not possible to use a single link and vote more than once.

“The link was delivered to members both by e-mail and sms and this was to ensure that Verified Voters all received the notification. Upon accessing the Election portal, the unique identifier that enabled voting by members was the Supreme Court Number of each Verified Voter. In effect, even if Mr. Paul Usoro, SAN’s unique link for accessing the Election Portal were to fall into the wrong hands, such wrong hands could not have cast the ballot, using that link except he or they also had Mr. Usoro’s SCN. These were all security measures that were put in place by the ECNBA to ensure the integrity of the ballot and I have not received any report from anyone whomsoever suggesting that these security measures were compromised or breached howsoever.”

Usoro said that he “had consistently committed to a free, fair, credible, transparent and unimpeachable ballot for our members in the 2020 National Officers’ Elections, right from my election in 2018,” adding: “I had also expressly informed each of the Presidential Candidates during my interactions with them that I would not rig the Election for any candidate neither would the ECNBA. The ECNBA were sworn to the same ideals as I was and I feel very comfortable holding my hand to my chest and declaring that we – the ECNBA and the NBA National Officers – lived up to those ideals in the conduct of the 2020 NBA National Officers’ Elections. I affirm solemnly and, in all conviction, that it was the transparent ballot which we all witnessed and nothing else that produced the winners of the Elections.”

PUSAN_LETTER_DASAN

EDITOR'S CHOICE
Jul 31, 2020
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‘NO HERO HAS EVER EMERGED FROM TREACHERY,’ ADESINA WARNS

BY EMEKA NWADIOKE

Erstwhile Nigerian Bar Association (NBA) presidential candidate, Mr. Dele Adesina has said that it was the association and not him or his supporters that lost the recently concluded election.

In a statement dripping with passion, Adesina also warned that NBA may have “lost the last opportunity to re-invent itself,” adding that “time will tell.”

He described the poll as “electronic fraud,” saying: “However, please remember that for those who masterminded, planned and executed the NBA election electronic fraud, no hero has ever emerged out of treachery no matter how noble he thinks his cause is.”

The full text of his speech is below:

THANK YOU ALL FROM DELE ADESINA, SAN, FCIArb.

To all my dear Supporters and Colleagues, particularly my Friends and Co-workers on various social media platforms, DASAN Committees, NBA Forums and Platforms, l once again wish to express my heartfelt gratitude and profound appreciation to each and everyone of you for the wonderful role you played in our attempt to re-create our Association by making it a positive catalyst for the Legal Profession and our Nation. We thought they would respect the very wide acceptability level we enjoyed through-out the Nation and different blocks and allow a fair, free and transparent election. Unfortunately, we never knew that the degree of audacity will be this brazen. We were going there to change the ways and show the path to follow, to demonstrate the meaning of true leadership in purity, honesty of purpose and integrity. Regrettably, those who hold the NBA in suffocating throat know the reason for doing what they did.

One clear thing from these past weeks is that we have built a strong bond of friendship and brotherhood thereby creating connections across the Nation. To all our partners, I urge you all to continue in this spirit of fellowship and keep our connections active as we are all together in this journey of life and career fulfilment in the true spirit of being “our brother’s keeper”. Please, do not exit the Forums and Platforms as it is my desire that we stay together, look after each other’s welfare and mutual progress. The NBA Presidency for me was not an end in itself but really a means to an end. The difference only is that the focus may now be shifted from that of institution to the individuals and that is you.

My believe and that of many, both within and outside of the Bar is that the election of yesterday July 30, 2020 was lost by the Nigerian Bar Association not me or you who worked tirelessly for the repositioning of our Association, the restoration of its honour, glory, integrity and the security of the future of our beloved Profession. Whether or not NBA has not lost the last opportunity to re-invent itself, time will tell. However, please remember that for those who masterminded, planned and executed the NBA election electronic fraud, no hero has ever emerged out of treachery no matter how noble he thinks his cause is.

Once again, I thank you all for your support. God bless you and bless the works of your hands.

Dele Adesina, SAN, FCIArb.

EDITOR'S CHOICE
Jul 31, 2020
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AKPATA PROMISES ELECTORAL REFORMS, HAILS ADESINA, AJIBADE

BY EMEKA NWADIOKE

Nigerian Bar Association President-elect, Mr. Olumide Akpata has promised to embark on electoral reforms to smoothen the lapses in the association’s electoral system.

In a letter to lawyers titled “Let us secure the future through a united bar that works for all,” the incoming NBA President traced his entry into the presidential race, adding that “On the strength of the foregoing pledge, I asked you to give me your mandate and join me in bringing about an Association that works for the majority of its members.”

Noting that the electorate “answered that call in an overwhelming and unequivocal manner” when, at the end of a “long and intriguing process” he emerged victorious,” Akpata stated that he was writing “to say thank you from the bottom of my heart.”

He noted that he did not take for granted “the hardwork, passion and commitment that you all invested into the process that has now culminated in my emergence as President-elect,” and assured NBA members that he would deploy “what I consider my greatest personal attribute: discipline of execution, in carrying out the undertakings that I had given to the members.”

Saying that he “was certain that the election was really not about me,” the leading solicitor stated that he “was driven by the passion to use my time, talent and resources to improve our Association by making it fit-for-purpose, beneficial to all members and responsive to the needs of the society.”

He observed that “Throughout the electioneering process, I saw many Nigerian lawyers who had either lost faith, or never been interested, in the NBA participate with utmost enthusiasm in the hope that things would become better. This further goes to show that the extraordinary movement that heralded this electoral victory was not, and could never have been about me.”

Dedicating his victory to several segments of the profession, Akpata said: “The victory of last night is for our young lawyers who have become disillusioned with the way the NBA has been run over the years and how the profession appears to be disconnected from the challenges that face them and their future. It is for the progressive senior lawyer who refused to accept the status quo and took firm steps to ensure that things are done better. It is for the corporate counsel, law officers, law teachers, the police and military lawyers, and lawyers in all components of the profession who for long have been treated as unequal members of an Association that ought to be the umbrella body for all legal practitioners.

“The victory of last night is for the lawyer with disability who has long suffered neglect and indignity by the profession. Above all, our victory is for non-lawyers and the general populace who took an unusual, but a special, interest in the conduct of our elections, thus lending credence to my long- held belief that the Nigerian society has always yearned for a legal profession and indeed a Bar that stands tall as an unwavering bastion of the rule of law, an advocate for the sanctity and independence of the judiciary, and a bulwark against tyranny and oppression.”

He accepted the mandate, saying: “It is therefore with immense respect for you, a deep understanding of the value of your mandate, a demonstrable appreciation of the factors that have bedevilled our noble Association and with humility to the will of God, that I wholeheartedly accept this mandate from you. The outpouring of support is only indicative of the amount of work that needs to be done. The greatest appreciation that I can show to all of you is to keep to the various promises that I made, and this, I assure you that I would do.”

On electoral reform, the NBA President-elect said that he was “not unaware of the complaints by at least one of the Presidential candidates about the administrative issues surrounding the elections,” adding that “As members of the legal profession, our electoral process ought to be and remain a standard for others to follow. I said this much in my second letter dated 29th July 2020 to the Chairman of the Electoral Committee of the NBA.”

Declaring his commitment to address the controversies that have bedeviled the association’s elections, Akpata said: “ I strongly believe that there is plenty room for improvement in our electoral process, and I commit to making this possible.”

He stated that while the expectations are high, “together we have a duty to devise measures to tackle the problems of our noble Association. We need to hit the ground running.”

Turning to his fellow contestants, Akpata said: “I also particularly appreciate my friends and learned seniors, Deacon Dele Adesina SAN, and Dr. Babatunde Ajibade SAN, against whom I had the privilege of contesting for the office of President of the NBA. One thing that remained unshaken throughout the election process was my utmost respect for these distinguished and respectable gentlemen. May I humbly assure them that my respect remains intact. The election is over but the work ahead of us is immense. We must now unite in order to achieve our common goal of revitalising the Bar and ensuring that our voice is firm and unshaken when we speak. I obviously cannot do this alone and will be counting on their support and counsel as we work towards Securing The Future through a United Bar that Works for All.”

He reassured lawyers that “I shall do my best to deliver on your mandate. May God bless you all and the Nigerian Bar Association.”

AKPATA_LETTER

EDITOR'S CHOICE
Jul 31, 2020
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AKPATA WINS: AJIBADE, ALEGEH, YLF, EBF, MID-WEST FORUM HAIL HIM

BY EMEKA NWADIOKE

At exactly 12:53 am early today, the Chairman of the Electoral Committee of the Nigerian Bar Association (ECNBA), Mr. Tawo Eja Tawo SAN declared Tier-One solicitor, Mr. Olumide Akpata as winner of the NBA presidential election held last Wednesday and Thursday. Akpata is billed to be sworn in late August as the 30^th NBA President.

The announcement of the official results, monitored by CITY LAWYER, was broadcast live on many social media handles and witnessed by ECNBA members, a broadcast station and some agents of the candidates in the election.

Though a total of 29,636 lawyers were accredited for the election, only 18,256 or 62 per cent of the voters succeeded in casting their ballots.

According to the ECNBA Chairman, Akpata polled 9,891 or 54.3 per cent votes to beat his closest rival, Dr. Babatunde Ajibade SAN who garnered 4,328 (23.8 per cent) votes. Mr. Dele Adesina SAN polled 3,982 votes (21.9 per cent) to bring up the rear. Adesina had a few hours to the end of the election demanded cancellation of the poll, saying it was fraught with irregularities. The election was held via electionbuddy, an electronic voting software deployed by Edmonton, Canada based firm.

Other winners are John Martin who polled 6,010 votes to clinch the post of NBA First Vice President; Adeyemo Kazeem (Second Vice President with 8,794 votes); Joyce Oduah (General Secretary with 8,979 votes); Olukunle Edun (Welfare Secretary with 9001 votes); Rapulu Nduka (Publicity Secretary with 11,964 votes); Uchenna Nwadialo (Assistant Secretary with 7,314 votes) and Naza Afam (Assistant Publicity Secretary with 6,490 votes). Mercy Ijato Agada (Treasurer) and Raphael Anagor (Financial Secretary) polled 16, 487 votes and 15,824 votes as unopposed candidates.

Though Ajibade poked holes in the electoral process, he said in a statement that he had “called Mr. Olumide Akpata and congratulated him on his election as the 30th President of our great association, the Nigerian Bar Association, in the elections held on 29th – 30th July 2020.”

Commending the “level of the debate and the quality of the ideas that were brought forth,” Ajibade however expressed dissatisfaction with the electoral process, saying: “It is unfortunate that the process leading up to and during the election itself have, once again, not been devoid of controversy. It is my fervent hope that we will get over these repeated challenges with conducting objectively free and fair elections into the leadership positions in the association.”

Saying that “we cannot succeed in addressing the challenges confronting our profession unless we unite,” Ajibade added: “I urge the incoming President and his executive to take deliberate and proactive steps to unite the Bar.”

Meanwhile, several Bar Leaders and forums have also congratulated Akpata on his victory.

Influential former NBA President, Mr. Augustine Alegeh SAN, who is believed to be a staunch supporter of Akpata, said: “I most heartily congratulate Olumide Akpata Esq. on his election as the 30th President of the NBA. I also felicitate with the other elected National Officers on their victory at the polls and urge Members of our Association to support the newly elected National Officers as they take steps to deliver on their mandate to lead the Bar for the next 2 years.”

He commended Adesina and Ajibade “for their maturity and candor,” and urged them to “work with the incoming President in his efforts to make Our Association better. This is a time for unity in the best interest of the Association.”

Saying the election would not have been possible due to the coronavirus pandemic save for the introduction of electronic voting, Alegeh stated that “elections are never perfect.” He urged the incoming administration to “improve on the gains recorded in the electronic voting system that guarantees universal suffrage under our Constitution.”

Commending the Usoro Administration “for the successful conduct of the elections and the efforts so far in moving the Bar forward on several fronts,” the erstwhile NBA President whose regime introduced universal suffrage and electronic voting said: “I know that the Incoming-President will be magnanimous in victory and will run an all-inclusive administration geared towards improving the NBA to handle its core mandate of promoting the rule of law, human rights as well as the welfare of its Members.”

The NBA Young Lawyers Forum (NBA-YLF) also congratulated Akpata and other elected National Officers on their victory. In a statement by the Chairman and Secretary of its Governing Council, Tobi Adebowale and Patricia Udeh, it said “The YLF remains unequivocally willing and available to engage with all relevant stakeholders for the benefit of Young Lawyers and all other members of the NBA.”

In a statement by the factional Chairman of Mid-West Bar Forum, Chief Chike Onyemenam SAN, the body congratulated Akpata, Aikpokpo-Martins and Edun on their “resounding and landslide victory,” adding that “by your victory at the polls which was democratic, transparent and clearly demonstrated your acceptance by the entire members of the Nigerian Bar Association devoid of tribal or sectional considerations, you have done the members of the 14 N.B.A. branches of the Mid-West Bar Forum proud and demonstrated to all that in spite of the shortcomings of the political class in our great nation’s efforts at democracy, Nigerian lawyers are still capable of conducting their own affairs in a democratic manner.”

On its part, the Eastern Bar Forum (EBF) in a statement by the Chairman, Mr. S. Long Williams, congratulated Akpata and other elected officers. It noted some lapses that bedeviled the poll, but described the election as “free, fair and credible.”

EDITOR'S CHOICE
Jul 30, 2020
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NBA ELECTION CRISIS: AUDIT TO THE RESCUE?

BY EMEKA NWADIOKE

As the Nigerian Bar Association (NBA) 2020 Election inches to a close, the much anticipated inaugural audit of the election may be the elixir needed to calm frayed nerves and pull the poll away from the usual rancour that has bedeviled previous exercises.

Signs that the election may walk the troubled part of past polls emerged today when one of the presidential candidates, Mr. Dele Adesina SAN wrote to the Electoral Committee of the NBA (ECNBA) demanding cancellation of the election.

In a petition to the electoral committee, Adesina alleged that the election is fraught with irregularities, saying that the voters’ list “contained grave errors of omission and commission.” He listed some of the errors to include:

Names of purported lawyers without branches ascribed to them from Serial Number 25171 to 29635;
Names of Lawyers under the subheading “International Diaspora” from Serial Number 12182 to 12268. A clear violation of the provisions of the Constitution of the NBA;
Inflation of the List of some Branches. For instance, Obollo-Afor Branch on the Final List for Verification had only 39 names on the List from Serial Number 30424 to 30462. Strangely, this increased to 662 on the Verified List;
Deletion of Names of Members removed from the Final List;
Many Members names found their way to Branches other than their own Branch.

Adesina stated that though he took up the matter with NBA President, Mr. Paul Usoro SAN as well as with a member of the Electoral Committee, “Some explanations were made though unsatisfactory by which time voting had actually started.” He stated that the Electoral Committee “admitted this error” in their Statement No. 019 when they stated that “the situation is regretted but arose because members in the course of Verification did not fully update information on their current Branches and/or sex.” He however noted that “nothing was done to rectify the situation.”

The presidential candidate also alleged that the voters’ register was padded with over 180 voters, saying: “The Addition of Votes Recorded plus Notices yet undelivered amounted to 29,820 which is 185 votes over and above the total number of voters on the Voters Register.”

He also alleged that “the System used for this Election was said to have been registered the very day the Election was to start and MoU was signed on that same day. This was done all alone by the President of the NBA.” He added that “There was no opportunity to interrogate the System before the commencement of the Election in order to determine its vulnerability, security and capacity.”

Adesina has practically rejected the outcome of the election, calling it a “sham.” His words: “I call on you Mr. Chairman and Members of the Electoral Committee of the Nigerian Bar Association to cancel this sham Election. It is needless to say that if the process is bad, the product cannot be good.”

A similar statement by the Dele Adesina Support Group is fundamentally on all fours with Adesina’s petition. Its list of alleged infractions includes the following:

Failure to release the final voters list within constitutionally prescribed period.
Over 4000 names were without Branches as required by the NBA Constitution.
86 lawyers were described as belonging to International Diaspora contrary to the provision of the NBA Constitution.
Padding of Voters’ list of some Branches, and reduction in the number of published voters’ list of others. An example is Obollo-Afor Branch which has over 661 names on the voters list when the actual voters list is less than 60.
Several branches had names of hitherto eligible voters removed from the final list.
Several members had their names listed in Branches other than theirs.
Many members have reported that they received notification of confirmation of voting when they neither received voting links nor voted.

At least one candidate for the post of General Secretary also complained bitterly to CITY LAWYER on what is generally perceived as a highly jaundiced voters’ list.

There is no gainsaying that the verified voters’ list as released by the electoral committee was seemingly an anti-climax, as it failed to build on the more robust “final list” released by the ECNBA. Apparently, the “clean up” of the final voters’ list was largely unsuccessful. It also does not seem that the electoral committee’s explanation on the issue fully exonerates it from blame. For example, how does it explain the increase in the number of voters for Obollo Afor by about 600 among sundry gaps.

Also, it is yet to be determined the number of eager and eligible voters who were disenfranchised by non-receipt of voting links either via email or short messaging service. While some of the affected voters contacted CITY LAWYER on the subject, subsequent feedback was not quite satisfactory.

There is no gainsaying that the electoral committee got it right with its appointment of ELECTIONBUDDY, a world class voting management software for the election. The Help Desk was also generally functional.

However, it is instructive that the voters’ list is not only central to any election, but is especially critical for electronic voting given the garbage in-garbage out concept.

It is refreshing that the ECNBA has promised an audit of the election. Hopefully, a comprehensive audit will answer all the posers raised by the stakeholders and pull the association back from another tumultuous era.

EDITOR'S CHOICE
Jul 30, 2020
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ADESINA ASKS ECNBA TO CANCEL ONGOING NBA ELECTION

BY EMEKA NWADIOKE

Nigerian Bar Association (NBA) presidential candidate, Mr. Dele Adesina SAN has asked the Electoral Committee of the NBA (ECNBA) to cancel the ongoing National Officers Election, saying it is fraught with irregularities.

In a letter to ECNBA Chairman, Mr. Tawo Tawo SAN dated 30th July, 2020 and personally signed by him, Adesina stated that the voters’ list “contained grave errors of omission and commission,” listing some of the errors as:

1. Names of purported Lawyers without Branches ascribed to them from Serial Number 25171 to 29635;
2. Names of Lawyers under the subheading “International Diaspora” from Serial Number 12182 to 12268. A clear violation of the provisions of the Constitution of the NBA;

3. Inflation of the List of some Branches. For instance, Obollo-Afor Branch on the Final List for Verification had only 39 names on the List from Serial Number 30424 to 30462. Strangely, this increased to 662 on the Verified List;
4. Deletion of Names of Members removed from the Final List;
5. Many Members names found their way to Branches other than their own Branch.

According to Adesina, “I took this matter up in a telephone discussion with the other two Presidential Candidates, Dr. Babatunde Ajibade SAN and Olumide Akpata Esq. and a preferred suggestion was made that the matter be taken up informally with the Committee Members in the interest of the integrity of the Association. In furtherance of this, I raised the above issues with the President of the NBA and a member of the Electoral Committee. Some explanations were made though unsatisfactory by which time voting had actually started. The Electoral Committee admitted this error in their Statement No. 019 when they said among other things that “the situation is regretted but arose because members in the course of Verification did not fully update information on their current Branches and/ or sex.” Yet, nothing was done to rectify the situation.”

He also alleged that the voters’ register was padded with over 180 voters, saying: “The Addition of Votes Recorded plus Notices yet undelivered amounted to 29,820 which is 185 votes over and above the total number of voters on the Voters Register.”

Delivering his verdict, Adesina said: “I call on you Mr. Chairman and Members of the Electoral Committee of the Nigerian Bar Association to cancel this sham Election. It is needless to say that if the process is bad, the product cannot be good.”

In a similar statement sent to CITY LAWYER and signed by Mr. Adesina Adegbite, National Coordinator of Dele Adesina Support Group, the group listed several infractions which it alleged marred the poll, saying: “From the foregoing, there is no doubt that the ongoing NBA Election lacks all features of credibility and transparency. We are therefore by this notice demanding immediate suspension of the ongoing election process to a later date when a clean list must have been prepared and published. The ongoing process is discredited and does not represent the dignity of our most honourable profession.”

Titled “RE: THE NIGERIAN BAR ASSOCIATION 2020 NATIONAL OFFICERS ELECTION: PETITION AGAINST THE MANAGEMENT OF THE ELECTORAL PROCESS,” the statement also listed some of the alleged infractions to include:

1. Failure to release the final voters list within constitutionally prescribed period.
2. Over 4000 names were without Branches as required by the NBA Constitution.

3. 86 lawyers were described as belonging to International Diaspora contrary to the provision of the NBA Constitution.
4. Padding of Voters’ list of some Branches, and reduction in the number of published voters’ list of others. An example is Obollo-Afor Branch which
has over 661 names on the voters list when the actual voters list is less than 60.
5. Several branches had names of hitherto eligible voters removed from the final list.
6. Several members had their names listed in Branches other than theirs.
7. Many members have reported that they received notification of confirmation of voting when they neither received voting links nor voted.

DASAN PETITION

ADESINA STATEMENT

EDITOR'S CHOICE
Jul 28, 2020
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EXCLUSIVE: CONCERNS MOUNT ON VOTING PLATFORM FOR NBA ELECTION

BY EMEKA NWADIOKE

‘NO CAUSE FOR ALARM,’ SAYS ECNBA

There are strong indications that the Electoral Committee of the Nigerian Bar Association (ECNBA) is making frantic efforts to fortify the NBA Election Portal and deploy it for the election now shifted to commence tomorrow evening.

The electoral committee had in its latest statement moved the election from midnight today to 11 pm tomorrow, even as it gave no reason for the shift which is coming barely a few hours to the earlier commencement schedule.

But CITY LAWYER reliably gathered that the shift may not be unconnected with strong indications that the electoral committee is yet to conclude a clean-up of the voters’ list. The ECNBA Chairman, Mr. Tawo Tawo SAN had told a stakeholders’ meeting yesterday that the clean-up would be concluded by midnight, while a final list of verified voters was expected to be published today by the electoral committee. A source who is familiar with the process however told CITY LAWYER that the clean-up is still ongoing and may not be concluded until tomorrow. The committee had stated that over 30,000 eligible voters participated in the verification exercise.

CITY LAWYER also gathered that the electoral committee may have insisted on deploying the controversial NBA Election Platform delivered to it by the current administration for the election, even as it is making efforts to plug the gaps on the portal.

However, the ECNBA told CITY LAWYER today that there is no cause for worry, adding that the technology to be deployed for the election would be “seamless.”

According to a source who is familiar with the process, “They (ECNBA) are still updating the NBA platform up until now. The database of the election collation is now being hosted on another IP. They will only make that one active on the day of the election.”

Continuing, the source said: “The only option they have is implement a third party election collation system like VOTE NOW api, then use it within the NBA portal environment. I believe they are integrating to use a third party collation system within the platform. That is using a system like VOTE NOW but within the NBA or another IP as they know this present one is closely monitored.”

But ECNBA Secretary Cordelia Eke told CITY LAWYER that some of the stakeholders “assumed we were going to use the NBA Election portal.” She however said that the electoral committee “wants the best” and would abide by the advice of its IT Consultants.

According to the ECNBA scribe, “We have done test runs. The platform we will use tomorrow will be endorsed by our IT Consultants. It is to be noted that the number of eligible voters for the election is a critical factor in deciding on the voting portal. This is the highest number of eligible voters so far when compared with the two previous elections. But rest assured that the process will be seamless. We all have our integrity and we will want to complete this assignment with our integrity intact. We will deploy the best platform for the election.”

Continuing, she said the “silence” on the part of the committee was to ensure the security of the process, adding that some mischief makers were bound to attempt to truncate the process “whichever platform you use.”

She assured that voters will receive a certificate after voting aside from an audit of the entire election, adding that the committee is making extra efforts to clean up the voters’ list and ensure that no eligible voter is disenfranchised. Her words: “Be assured that the voters’ list would be published before the voting exercise.”

It is recalled that some candidates have raised concerns on the reliability of the voting portal, even as the electoral committee refused yesterday to confirm whether the election will be hosted on the NBA Election portal as speculated. The Dele Adesina SAN (DASAN) Group had queried the electoral process, saying: “We are yet to receive any information from the ECNBA regarding the Service Provider who would conduct and manage the electoral process in respect of accreditation, voting, computation of votes, and declaration of results.”

The group also queried compilation of the voters’ list, saying that “the Voters List for Abuja and Lagos Branches, as typical examples, are tainted by severe irregularities which are yet to be addressed, even though official petitions have been written to the ECNBA.”

A technical report by consultants hired by another presidential candidate, Mr. Olu Akpata was more damning on the integrity of the voting portal. In a petition to ECNBA, Akpata stated that “Even more distressing is the fact that the NBA portal on which the verification exercise is being conducted appears not to be secure and can be easily manipulated.”

The report by the ICT experts stated that “we carried out a vulnerability assessment of the web platform with IP 130.61.106.164 and came up with the following deductions: That the NBA Portal is built on Drupal 8, an Open Source Content Management Software. The platform is a template edited for the NBA; That the NBA portal has a vulnerability severity rating between 4 – 7 based on discovered vulnerability exposures.”

The report noted that Cross-Site Request Forgery (CSRF), an attack that tricks the victim into loading a page that contains a malicious request, “was exploited few weeks ago on the NBA portal where many users made complaints of their password being changed without their taking such actions personally.”

The experts recommended the following remedial measures:
* A Unique Customized Secure Platform Built Specifically For The NBA: An organization with such repute and standard as the Nigerian Bar Association requires a unique software architecture and security framework used to build a customized web portal for all its services.
* Remediation of Security Vulnerabilities: This refers to the process by which vulnerabilities identified are resolved and further threats to the platform is prevented.
* Constant Vulnerability Assessment: There should be a set standard procedure for running assessment and penetration test constantly to keep the platform updated in line with global security standards and its defence capable of deterring any such cyber-attacks.

But in a searing reposte, the electoral committee lampooned Akpata for the petition, accusing him of gaining “unauthorized access” to the NBA portal. Said Tawo: “The committee therefore deprecates in strong terms the various attempts by individuals who in an attempt to force the hand of the ECNBA, some of who are members of the profession, to gain unauthorized access to the NBA website and going further to publish a report showing perceived weaknesses of the site to the world. This action is so sad to say, not expected of gentlemen of our noble profession.”

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EDITOR'S CHOICE
Jul 26, 2020
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ADEGBORUWA OKAYS ADESINA, AJIBADE, AKPATA FOR NBA PRESIDENCY

Firebrand human rights activist, Mr. Ebun-Olu Adegboruwa SAN has declared that the three presidential candidates in the race for the coveted NBA Presidency are qualified to mount the saddle.

In a statement released today titled “NBA ELECTIONS 2020,” the prominent senior lawyer therefore urged eligible voters to vote “purely in the fear of God and according to your conscience.”

The statement reads:

NBA ELECTIONS 2020

Dear learned colleagues,

As we approach the final lap of the 2020 elections of the Nigerian Bar Association, I wish to make the following statements.

In alphabetical order with no specific preference,

I ENDORSE

ADESINA DELE, SAN:

He has SERVED the legal profession MERITORIOUSLY, as Chairman of NBA, Ikeja Branch and as General Secretary, NBA, at the national office.

I ENDORSE

AJIBADE BABATUNDE, SAN:

He has SERVED the legal profession CREDITABLY, in seeking fundamental reforms in justice administration, through The Justice Reform Project and also in helping to raise leaders for the Bar, through the Legal Practitioners Privileges Committee.

I ENDORSE

AKPATA OLUMIDE:

He has SERVED the legal profession SELFLESSLY, through the Section on Business Law and also in various other capacities, through the Conference Planning Committees.

They all have many more positive attributes, which I may not have stated. Any of these three, is qualified to lead the Bar, if voted in as President of the NBA, in any free, fair, peaceful and credible contest.

I therefore urge you to VOTE for ANY of these three candidates, purely in the fear of God and according to your conscience.

God bless Nigerian Bar Association
God bless Nigeria.

Ebun-Olu Adegboruwa, SAN
Lekki, Lagos.
26/07/2020

EDITOR'S CHOICE
Jul 26, 2020
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AREWA LAWYERS ADOPTION: ANOTHER BRANCH CHAIR DISTANCES SELF

BY EMEKA NWADIOKE

The controversy trailing the adoption of Mr. Dele Adesina SAN as the preferred candidate of the influential Arewa Lawyers Forum (ALF) deepened at the weekend, with the Nigerian Bar Association, Shendam Branch Chairman, Mr. Gabriel Tsenyen washing his hands off the exercise.

Stating that he only got wind of the adoption via a Facebook post, Tsenyen vowed that he received no notice of any plan to adopt Adesina, neither did he attend any meeting at which the adoption was discussed and resolved.

In a notice titled “DISCLAIMER” and dated 26th July, 2020 which he made available to CITY LAWYER, the branch helmsman said: “I wish to note that as the Chairman of NBA Shendam Branch, I have not received any notice of meeting of Arewa Lawyers Forum neither am I aware of any meeting held where such was ever discussed.”

Tsenyen called on the ALF Caretaker Committee to “confirm the veracity, authenticity or falsity of such publication so that our forum will not be maligned unwarrantedly to the detriment of our young and teaming (sic) members.”

Tsenyen assured branch members “that I have not nor did any of our executive up to the time of writing this disclaimer receive any notice of meeting neither have I attended any such meeting where the purported adoption was made,” stating categorically that “This (adoption) is false and should be totally disregarded.”

CITY LAWYER had reported a letter addressed to the Secretary of Egbe Amofin Oodua and signed by Mr. Mohammed Monguno as “Member/Secretary” of Arewa Lawyers Forum where he stated: “Accordingly, on behalf of the leadership and members of Arewa Lawyers Forum and after a meeting of our Executive Committee, I have the honour to hereby convey our adoption, endorsement, satisfaction and the unanimous acceptance of the candidature of MR. DELE ADESINA SAN, FCIArb for the Office of the President of the Nigerian Bar Association in the forthcoming July 2020 Election.”

However, a group of lawyers led by NBA Lafia Branch Chairman, Mr. Mustapha Sadiq issued a disclaimer stating that “the person who signed the purported letter of endorsement did so on his own accord and spoke only for himself.” Messrs Lukman Usman Nuhu and Wada Ahmed Wada, Chairman of NBA Damaturu Branch and Ag. Chairman of NBA Ungogo Branch had also issued a separate notice distancing themselves from the adoption exercise.

EDITOR'S CHOICE
Jul 24, 2020
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NBA PRESIDENCY: AREWA LAWYERS FORUM ADOPT ADESINA

The political fortunes of Mr. Dele Adesina, one of the presidential candidates in the forthcoming Nigerian Bar Association (NBA) National Election, brightened today as the influential Arewa Lawyers Forum (ALF) has adopted him for the presidential race.

In a letter dated 24th July, 2020 and signed by the forum’s Secretary, Mr. Mohammed Monguno, the ALF referred to a letter from Egbe Amofin Oodua dated 20th March, 2020 recommending Adesina to the forum.

AREWA ADOPTION LETTER

The ALF stated that “we took time to consult very widely,” adding that “Accordingly, on behalf of the leadership and members of Arewa Lawyers Forum and after a meeting of our Executive Committee, I have the honour to hereby convey our adoption, endorsement, satisfaction and the unanimous acceptance of the candidature of MR. DELE ADESINA SAN, FCIArb for the Office of the President of the Nigerian Bar Association in the forthcoming July 2020 Election.”

The NBA Election is slated to hold on 29th and 30th July, 2020.

EDITOR'S CHOICE
Jul 05, 2020
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NBA PRESIDENCY: OLUJINMI, CLARKE, PINHEIRO BACK ADESINA TO WIN

A leading presidential candidate in the forthcoming Nigerian Bar Association (NBA) National Elections, Mr. Dele Adesina SAN has received double endorsements by key senior lawyers, including a former Attorney General & Minister of Justice.

Throwing his weight behind Adesina, former Nigeria’s chief law officer, Chief Akin Olujinmi SAN described him as “a dynamic, well-informed, focused, respectable and above all, courageous hardworking individual.”

On his part, Chief Robert Clarke SAN observed that the “leadership of the Nigerian Bar Association is very key to the fundamental issues of independence of the Judiciary, the advancement of the Legal Profession itself, and the sustenance of Constitutional Democracy In Nigeria.”

Delivering his verdict on the candidates, Clarke declared that the former NBA General Secretary “towers above the other candidates and that is why I recommend him as “

Popular litigator, Mr. Kemi Pinheiro SAN described Adesina as a “passionate human being with demonstrable commitment to whatever he believes in,” adding that he has a “strong and assertive personality.”

Below are the full texts of the statements:

I rise to join my other colleagues who have endorsed Dele Adesina SAN for election as President of the NBA. At this time of vanishing respect for the rule of law by those who govern us, challenges confronting the administration of justice, the need to make the juniors upward mobile in our noble profession and a host of other matters, it is indisputable that we need in the saddle, a dynamic, well – informed, focused, respectable and above all, courageous hardworking individual.

The individual is Dele Adesina SAN, a strong and committed member of the NBA, who has served our association meritoriously in various capacities and evidently parades rich experiential credential for service at a higher level. I can confirm from my interaction with Dele that he is pulsating with a lot of fresh ideas, fresh thinking and fresh vision that will take our dear NBA to a higher level. Vote Dele Adesina for President.

Chief Akin Olujinmi, CON, SAN

“Another round of Election of the Nigerian Bar Association is less than a month ahead and interested candidates are already jostling for the Office of the President of the Association.

“These include Mr. Dele Adesina SAN, Dr. Babatunde Ajibade SAN and Olumide Akpata ESQ. The leadership of the Nigerian Bar Association is very key to the fundamental issues of independence of the Judiciary, the advancement of the Legal Profession itself, and the sustenance of Constitutional Democracy In Nigeria.

“Recently, the general administration of justice in Nigeria has also faced contending issues of serious dimensions capable of eroding the trust and confidence of the people in our justice system.

“This Election should produce the best that is available among these candidates in terms of experience, firm understanding of the issues of our judicial system, including leadership courage to speak truth to power. Rhetoric and promises should be of no value, but knowledge, antecedents, and experience of what the candidates have done in the past in the above areas must constitute the principal considerations.

“It is my opinion that Mr. DELE ADESINA SAN, whom I have seen at close quarters, listened to at several fora and more importantly, a past General Secretary of the Nigerian Bar Association in an administration adjudged to be dynamic and progressive in the defence of Rule of Law, towers above the other candidates and that is why I recommend him.”

Chief Robert Clarke SAN

I knew Dele Adesina SAN a long time ago. How did we meet each-other? We appeared against each-other in a matter at the Federal High Court. About four Senior Advocates were involved in that matter.

Heated and prolonged arguments had taken place at two different court sessions. At the end of each session, Mr. Adesina and I will appreciate each other for the candour and passion demonstrated in the course of advancing our respective client’s interest in court. One thing led to the other, we became close friends and of course we started paying attention to each-other’s advancement in the Profession.

I found in him a strong and assertive personality. A passionate human being with demonstrable commitment to whatever he believes in. Mr Adesina is a Bar man per excellence, a gentleman to the core. As Chairman, he raised the bar of NBA Ikeja Branch to an unprecedented level.

As General Secretary of the Bar, during the Presidency of Chief Wole Olanipekun SAN OFR, the Executive left a foot-print and verifiable legacy for the Bar. As the Chairman of the Nigerian Bar Association, Rule of Law Action Committee during Okey Wali’s Presidency, he brought tremendous focus and attention into the issues of Rule of Law in the nation.

It is for these reasons and many more that I am supporting him for the Office of the President of the Nigerian Bar Association. He is a performer who will effectively bring his great experience in leadership to bear not only on the affairs of the Association but also on the Profession.

I have no doubt that he will promote the interest and welfare of young Lawyers. His capacity and courage to defend the Rule of Law and independence of the judiciary is well-known. The Nigerian Bar Association needs him at this period.

Kemi Pinheiro SAN

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EDITOR'S CHOICE
Jul 04, 2020
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NBA ELECTIONS: ELECTORAL C’TE CLEARS ADESINA, AJIBADE, AKPATA, BARS 15 OTHERS

BY EMEKA NWADIOKE

• WITHDRAWS CLEARANCE TO GENERAL SECRETARY ASPIRANT
• DISQUALIFIES 2 INCUMBENT NATIONAL OFFICERS
• SETS JULY 15 DEADLINE FOR VERIFICATION
• VOWS TO DISQUALIFY CANDIDATES WHO FLOUT CAMPAIGN RULES
• SETS MONDAY DEADLINE FOR SUBMISSION OF MANIFESTOS
• ASKS CANDIDATES TO DISMANTLE PARALLEL HELP DESKS

The Electoral Committee of the Nigerian Bar Association (ECNBA) has released the list of candidates to contest the forthcoming NBA National Officers Elections.

While 28 candidates – including three presidential candidates – made the final list, 15 aspirants could not pass through the crucible of the screening process, including two incumbent national officers.

While 19 aspirants were initially disqualified by the electoral committee, 18 filed appeals while one opted not to file any appeal. The ECNBA withdrew the initial provisional clearance granted an aspirant for the post of General Secretary, Barth Okoye-Aniche following a petition, while five aspirants succeeded with their appeals.

CITY LAWYER had in an exclusive report noted concerns among some disqualified aspirants over the delay in the screening process and the promise by the electoral committee to fast-track the appeals process.

In its ECNBA Statement No. 13 titled “Full List of properly nominated candidates for the NBA National Elections 2020 and verification of members,” the electoral committee stated that “Having concluded the Appeals process, the ECNBA now presents a list of 28 candidates cleared to contest various offices in the NBA National Officers Elections 2020.” The statement was dated July 3, 2020 and jointly signed by Mr. Tawo Eja Tawo SAN and Mrs. Cordelia Eke, ECNBA Chairman and Secretary respectively.

CANDIDATES LIST

It urged the candidates to “submit an A4 size copy of his/her curriculum vitae (of not more than 4 pages), a comprehensive manifesto and other campaign materials (all in electronic form) on or before 6:00PM on Monday 6th July 2020, for upload on the NBA website.”

The committee emphasized that “campaigns can only be carried out by publication of campaign materials supplied to the ECNBA to be hoisted on the NBA website,” warning specifically that “Travelling across the country to solicit for votes is prohibited.” The committee warned candidates to abide by the NBA Constitution 2015 (as amended) and the ECNBA Guidelines in their electioneering campaigns, vowing that “Any violation of these will be severely sanctioned including disqualification from contesting the elections.”

On the controversial final voters register, the committee emphasized “the need for members to verify and update their details on the NBA website on or before the 15th day of July, 2020. This is to ensure that everyone can access the voting portal during the elections as only those who are verified can vote.”

Leading human rights activist and former Chairman of National Human Rights Commission, Prof. Chidi Odinkalu had poked holes in the voters register, saying: “After 2 #RiggedElections, @NigBarAssoc seems well on its way to a 3rd. The voters list produced by#ECNBA appears riddled wth some impressive non-persons. Voter No. 5500 is a person called “Opening Balance”?! There’s a way to stop this: verify the names with reference to receipts.”

Turning to the issue of parallel help desks set up by some candidates, the electoral committee frowned on the practice, describing it as “unacceptable.” “We advise that such efforts be dismantled immediately not to interfere with the mandate of the Committee, confuse our members or be interpreted as attempts to harvest members’ details for use at the elections,” it said. It urged eligible voters to rely instead on the Help Desk set up by the NBA to assist members having challenges with the verification process.

Among those cleared to run for the elections are Mr. Dele Adesina SAN, Dr. Babatunde Ajibade SAN and Mr. Olumide Akpata who will battle for the coveted NBA Presidency slot. The position of First Vice President remains the most crowded field, with six candidates cleared for the race. They include John Aikpokpo-Martins, Oluwaseun Ajoba, Adebayo Akinlade, Adedotun Adetunji, Ganiat Siyonbola and Dawud Sulayman. Siyonbola was not in the list of aspirants provisionally cleared for the election.

While the race for Second Vice President is a straight fight between Adesola Abimbola and Kazeem Adeyemo, both aspirants for the position of Third Vice President – Promise Wobo Iwezor and Gerald Abonyi – failed to scale the screening hurdle.

With Barth Okoye-Aniche haven fallen by the way-side, the race for the influential post of General Secretary is now between Alex Muoka, Joyce Oduah, Okey Ohagba and Christopher Yakemewerigha. The battle for the post of Assistant Secretary remains unchanged, with three combatants – Anne Agi, Uche Nwadialo and Aigbokhai Osagie – cleared for the race.

Returnee candidate Mercy Ijato Agada and Raphael Anagor have clinched the positions of Treasurer and Financial Secretary respectively without a fight. While Caroline Ibharuneafe who sought the post of Treasurer fell under the disqualification hammer, Anagor seemed the solitary applicant for the post of Financial Secretary.

With incumbent Second Assistant Secretary Chinyere Obasi and Osahon Irehovbude having been disqualified by the electoral committee, the race for the post of Welfare Secretary promises to be a fierce battle between incumbent National Publicity Secretary, Kunle Edun and returnee candidate, Sabastine Anyia.

Following a successful appeal and the reinstatement of his name on the ballot, Olayinka Sokoya will slug it out with Rapuluchukwu Nduka for the post of Publicity Secretary while four candidates – President Aigbokhan, Charles Ajiboye, Ferdinand Naza and Dominic Ochenehi – will battle for the position of Assistant Publicity Secretary. While Ajiboye and Ochenehi had appealed their disqualification by the electoral committee, leading to their reinstatement in the race, Henry Chibuike Ugwu of Ihiala Branch and Oladotun Hassan of Epe Branch did not succeed with their appeals.

Among those who were also disqualified are controversial former Ikeja Branch Chairman, Adesina Ogunlana; S. O. K. Shillings, and incumbent Assistant Publicity Secretary, Akorede Habeeb Lawal who sought the substantive post of Publicity Secretary.

EDITOR'S CHOICE
Jun 27, 2020
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Comments Off on SANship: AKPATA, OGUNLANA FAULT AWOMOLO, ADESINA SPEAKS

SANship: AKPATA, OGUNLANA FAULT AWOMOLO, ADESINA SPEAKS

More aspirants have condemned the call by Bar leader, Chief Adegboyega Awomolo SAN that the next president of the Nigerian Bar Association (NBA) should be sourced from the rank of senior advocates.

Awomolo had in a letter to former NBA President, Chief Onomigbo Okpoko SAN stated that “It will be a great failure of leadership for the senior advocates to surrender leadership to the outer bar when there are willing and able senior advocates,” urging him to convene a meeting of the Body of Senior Advocates of Nigeria (BOSAN) to deliberate on the matter. Okpoko is yet to respond to the leaked letter.

One of the presidential aspirants, Dr. Babatunde Ajibade SAN had earlier dissociated himself from the call, saying that “The focus should be on the character, capacity and antecedents of persons who aspire to lead our profession and not on their title or rank.”

While Mr. Dele Adesina SAN did not issue any direct response to the controversial letter, he had prior to the publication of the letter and as a part of his law series, written an article which spoke to the issue. Titled “Insights: A Bar For All,” he wrote: “As a firm believer in the objectives of the Nigerian Bar Association and the role it plays to its members and the community, I believe our Association is at a critical point in history where unity of purpose and synergy among lawyers is in desperate need.

“As such it is not a time for members to instigate division either among the senior members of the Bar and juniors or among the Senior Advocates and Non – Senior Advocates. I believe as members of the NBA, the Association is for the benefit of all members irrespective of position or ilk.

“The Leadership of NBA must always ensure strategic collaboration between the NBA, its Sections, Forums and other bodies such as the Body of Senior Advocates of Nigeria, Law Officers Association of Nigeria, Law Teachers Association of Nigeria, Association of Lawyers with Disabilities in Nigeria, Christian Lawyers Fellowship of Nigeria (CLASFON), Muslim Lawyers Association of Nigeria (MULAN) and ‘Federación Internacional dé Abogadas’ a.k.a. ‘International Federation of Women Lawyers’, Capital Markets Solicitors, and any other interest groups among us.

“Our Association must continue to be a pillar of support and strength for the specialised bodies and individuals in pursuit of their goals and objectives. We must also resist any and all efforts to cause a division among our ranks, if the NBA must remain relevant, active and successful in its role.”

In a terse response on his verified Twitter handle, another presidential aspirant, Mr. Olumide Akpata said: “I have a lot of respect for the rank of SAN & I encourage those who aspire to it. But this letter by Awomolo SAN is a disservice to all lawyers who want a better Bar.”

On his part, Mr. Adesina Ogunlana, another presidential aspirant who was disqualified by the Electoral Committee of the NBA (ECNBA), in a broadcast on his verified Facebook handle described the letter as “extremely amusing,” adding however that the Bar leader “is entitled to his opinion.” Ogunlana has petitioned the ECNBA over his disqualification.

Hinting that the kernel of Awomolo’s “lamentations” is a quest to “protect the interest of his class”, he stated that Awomolo’s era “generally have failed this country. They have not added value most of the time – good value. They have failed us; it is a failed generation. They are used to privilege. He has not advanced merit in canvassing (Chief) T. J. O. Okpoko.”

He discredited Awomolo’s assertion that all NBA presidents since its rebirth from the 1992 Port Harcourt debacle have all been senior advocates, noting that Chief Lanke Odogiyan completed the tenure of Chief Bayo Ojo SAN.

He said that Awomolo has “exposed the inner thinking, inner workings and the pains and anguish of people they call Body of Senior Advocates of Nigeria, that there is a concerted effort to keep the leadership and all the things that connect to that leadership of the NBA in their ranks.”

Saying that this may explain why all the NBA committees at the national level are headed by SANs, Ogunlana added that “There is a clear intention given by the monopolistic hold of the senior advocates on the NBA that they are the repository of wisdom, that they are the repository of intellectual knowledge.”

He distinguished between the association and the profession, adding that the Bar leader has not only shown that he “is not a democrat,” but is advocating gerontocracy and plutocracy. Describing the rank of senior advocate as “fraudulent,” he stated that any move to amend the NBA Constitution to reserve the position of NBA president for only senior advocates “will be resisted.”

He stated that the issue of leadership of the association “should not be whether the aspirant is a senior advocate or not. “It should be, is this person competent? Does he have the know-how? What is the programme and what can he do? That is the issue?” He stated that voters should cast their ballots for either SANs or non-SANs based on their competence.

Describing Awomolo’s letter as “a gross insult to himself,” Ogunlana stated that the Bar leader has “betrayed that he doesn’t understand and accept democracy for what it is.”

Awomolo’s letter read: “Since you (Okpoko) became the president of the reformed NBA in 1998, and to avoid what happened in Port Harcourt in 1992, all successors to the office of the president have been senior advocates of Nigeria.”

“With respect, I believe you need to urgently call a meeting of the past presidents of the NBA and do all within your powers to preserve the integrity, honour and respectability of the office of the president of the NBA,” Awomolo said.

“What I hear is an unannounced but powerful and potent revolutionary move by our junior colleagues who are very much in larger numbers to wrestle the office of the NBA from the rank of SAN.

“That, in my view will be unfortunate for the rank. To the members of the public a ridicule of the rank and office of the president of the NBA.”

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EDITOR'S CHOICE
Jun 26, 2020
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NBA PRESIDENTIAL ASPIRANTS WOO IGBO LAWYERS

Nigerian Bar Association (NBA) presidential aspirants stormed the meeting of Igbo lawyers yesterday to felicitate with the members and express their intention to vie for the presidency of the Bar. Also present at the meeting were some aspirants for the post of General Secretary.

Among the presidential aspirants who attended the virtual monthly meeting of Otu Oka Iwu (Law Society) are Mr. Dele Adesina SAN, Dr. Babatunde Ajibade SAN and Mr. Olu Akpata.

The first to be admitted into the meeting was Adesina. He thanked the leadership of the law society for the opportunity. Turning to judicial corruption, he noted that it is condemnable, adding however that only a negligible number of judges engage in such misfeasance. He stated that the entire judiciary should not be tarred with the brush of its few bad eggs. Emphasizing the need to empower young lawyers, Adesina stated that he would unveil his roadmap in this regard when the ban on campaigns is lifted by the Electoral Committee of the NBA (ECNBA).

The next available aspirant, Akpata told the Otu members that welfare is critical for every lawyer, adding that he would also place premium on health insurance. Harping on his track record as Chairman of NBA Section on Business Law (NBA-SBL), Akpata stated that he “came with credentials.” He stated that aside from disciplining of lawyers, he would foster the administration of justice while ensuring that every lawyer who has a brush with law enforcement agencies is offered legal defence.

On his part, Ajibade expressed worry at the divisions within NBA circles. He vowed to cement the cracks as well as “get the justice sector working again.” Noting that young lawyers should be the focus of NBA, Ajibade said that he has the unique privilege of combining the skills and practical knowledge of a solicitor and advocate, having been engaged in both transactional and litigation practice at relatively high levels.

Coming on the heels of engaging interactions between the members and the aspirants, Chief Chuks Ikokwu, President of Otu Oka Iwu, thanked the aspirants for finding it worthy to felicitate with the law society, and wished them well in their aspiration to lead Africa’s largest Bar.

Among the aspirants for the post of General Secretary who also attended the virtual meeting are Mr. Alex Muoka and Mrs. Joyce Oduah, both members of the law society.

The NBA National Elections is scheduled to hold on July 24 and 25, 2020 through electronic voting.

EDITOR'S CHOICE
Jun 13, 2020
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Comments Off on WHAT ADESINA, AJIBADE, AKPATA, OGUNLANA, OTHERS ARE SAYING ON ECNBA CLEARANCE, DISQUALIFICATION

WHAT ADESINA, AJIBADE, AKPATA, OGUNLANA, OTHERS ARE SAYING ON ECNBA CLEARANCE, DISQUALIFICATION

BY EMEKA NWADIOKE

Many aspirants have been reacting on their clearance or disqualification by the Electoral Committee of the Nigerian Bar Association (ECNBA) for the forthcoming NBA National Elections. Among those who appreciated ECNBA for their clearance are Dr. Babatunde Ajibade SAN and Mr. Olumide Akpata. While Sources close to Mr. Dele Adesina SAN told CITY LAWYER that he did not issue any statement on the matter, a group of supporters under umbrella of “Team DASAN” said his clearance was received “with joy and put us all in joyful mood.” The group added: “While congratulating our candidate and ourselves, we must be reminded that the work has just begun. We must all strive towards ensuring the realisation of DASAN’s Presidency in order to secure the future of the Bar.”

Aspirants who were disqualified from the race also reacted to the ECNBA decisions, with former NBA Ikeja Branch Chairman, Mr. Adesina Ogunlana leading the pack of aspirants who have vowed to challenge their disqualification.

Below is a compilation of aspirants’ reactions by CITY LAWYER:

DR. BABATUNDE AJIBADE, SAN
Dear Friends and Colleagues,
I give thanks to God that the Electoral Committee of the Nigerian Bar Association has granted me provisional clearance to contest for the office of President of the NBA.
By this, we have scaled the first official hurdle in this race to reposition and strengthen the Nigerian legal profession.
I could not have done this without the spiritual, moral and physical support of each and everyone of you and I am truly grateful for your support thus far.
This is just a first hurdle though and there is still a long journey ahead before we reach the promised land. I look forward to your continued support and a doubling of our efforts as we make this final push to build a better Bar.
Let’s all remember that while I can do little alone, we can do much more together.
Let’s unite and do better.

OLUMIDE AKPATA
WE MUST KEEP MOVING FOR A BETTER BAR
My friends,
I am pleased to report that last night, the ECNBA cleared me to contest the 2020 NBA Presidential elections. My team and I are delighted to have crossed this milestone in my quest to lead the Bar to an enviable future.
I can only say that the future we seek for the NBA is much closer than we think, and I must thank everyone who has supported so far. Still, we must continue to move until we get to the finish line. We must be propelled by our desire transform the NBA into an Association in which we all find a sense of belonging and from which we all grow and benefit as lawyers and also set standards for the future.
My drive to see a better NBA did not start today, so there is no backing down from this cause. This is why I urge supporters of my candidacy everywhere to continue to advocate actively for a transformed NBA and to exercise their franchise when the time is right. Let us give our members hope again and give the society reasons to believe in us.
As always, I remain grateful for your support.
Thank you.

ADESINA OGUNLANA
DO NOT BE DISMAYED …..WE SHALL OVERCOME
BEING THE PRELIMINARY RESPONSE OF OGUNLANA ADESINA , ESQ (CHAIRMAN, NBA IKEJA BRANCH 2016-2018)TO THE NOTICE OF LETTER DISQUALFYING HIM FROM CONTESTING FOR THE OFFICE OF PRESIDENT OF THE NIGERIAN BAR ASSOCIATION ( NBA)

Dear Colleagues, Friends and Supporters ,
Good morning, All. May I respectfully inform that I have this day , -3 June 2020, at about 6 10 am, become aware of a mail from the Electoral Committee of the Nigerian Bar Association ( ECNBA) stating my disqualification from participating in the election for the office of the President of our great Association .

The ECNBA gave a singular reason – absence of LETTER OF GOOD STANDING(LOGS) from my Branch Chairman . ECNBA also stated my right to appeal their verdict within 7 days of receipt of their mail. We thank ECNBA
May I further state that I shall APPEAL the verdict . Let me assure every one that my dues for 2018, 2019 and 2020 were duly and fully paid as at when due as stipulated in the Constitution of the Association and which automatically thus entitles me to the LOGS.

The absence of the LOGS was not due to any fault of mine but to the malicious act of the incumbent but now out going BRANCH CHAIRMAN of the NBA IKEJA BRANCH, Dele Oloke , Esq . Of course , the poisoned antecedents of Oloke as a factional leader of the IKEJA BAR and who eventually lost out to me in the extremely intense intra-Bar leadership struggle of 2016-2017 is well known .

Clearly , the issue for determination is- CAN A BRANCH CHAIRMAN DECLINE TO ISSUE A LETTER OF GOOD STANDING TO AN APPLICANT , WHERE APPLICANT TO THE NOTICE OF THE CHAIRMAN, HAS COMPLIED WITH THE PROVISIONS AND STIPULATES OF THE CONSTITUION IN THAT REGARD ?

May I use this medium to appeal to all our supporters not to be dismayed but to remain not only calm but cheerful . Always trusting in the Faithfulness and Mercies of God and the consistently triumphant forces of GOOD over EVIL I declare to you today , WE SHALL OVERCOME .

THANK YOU

ALEXANDER NDUKA MUOKA
Good morning learned Seniors and Colleagues.
I have been provisionally cleared by the ECNBA to contest for the office of General Secretary of the NBA in the elections next month.
Let’s make this happen together, and thank you for your support.

JOYCE ODUAH
My Distinguished colleagues and teeming supporters* , it gives me great delight to announce to you that yesterday, Friday, 12th June 2020, *the Nigerian Bar Association Electoral Committee (“ECNBA”) provisionally cleared me to contest for the Office of the General Secretary of the NBA in the 2020 NBA General Elections,* which is scheduled to hold from 24-25 July 2020. Indeed, this is a step forward in our mission to transform the NBA National Secretariat. I thank you all for your continued support and urge us not to relent in our mission to make the NBA National Secretariat more responsive, effective and efficient for all lawyers.

BARTH OKOYE ANICHE
I am excited to bring it to your knowledge that I made the Provisional Clearance List of the Nigerian Bar Association for her forthcoming 2020 National Elections.

The list which has me shortlisted as ‘Okoye, Nnaemeka Bath’, alongside four other persons for the position of the General Secretary, was announced on Friday 12th June, 2020 with a press statement signed by Tawo E. Tawo, SAN (Chairman ECNBA), and Mrs Cordelia U. Eke (Secretary, ECNBA). It also declared the disqualification of 19 of the 43 nominees. “Disqualified persons have been duly notified of the decision of the electoral officers and their right to Appeal.”

OKEY LEO OHAGBA
Distinguished Bar leaders, learned friends and supporters of my aspiration to serve the Bar, with great joy and glory to God Almighty, I bring you good news that the ECNBA has found yours truly fit and proper to contest for the office of NBA GENERAL SECRETARY in forthcoming NBA General Elections, scheduled for 24th/25th July this year.

This feat was possible with your support and prayers. Our vision for #InnovativeSecretariat #InnovativeBar just gained momentum, and I’m very upbeat we shall actualise that dream at the end, with your continuing support and by the special GRACE of God.

Our beautiful plans for the Bar would be unveiled as soon as ECNBA guidelines permit.

Please continue keeping faith with us as we focus now on the greater task ahead, and hope to work more closely with you this time. Together, we can build a more progressive, responsive and innovative Secretariat; more friendly and closer to all members.

The journey has been God’s and will remain God’s till the end.

THANK YOU

KUNLE EDUN
Distinguished Colleagues, i am pleased to inform you that the ECNBA has cleared me to run for the office of the National Welfare Secretary of the Nigerian Bar Association. This could not have been possible without your support and prayers, and most importantly because you all believe in my aspiration. We return all the glory to God Almighty.

My clearance by the ECNBA is a call for greater service to the NBA and humanity. It is a further opportunity to replicate what we have done as the NBA Publicity Team (Kunle Edun & Habeeb Lawal) in addressing the welfare needs of our Colleagues.

With your continued support and prayers, the NBA will experience innovations, proactiveness and dilligence in attending to the critical welfare needs of our colleagues. Never again would a Lawyer beg for funds to undergo any life-saving Surgery. We must make OUR NBA take responsibility for our Welfare.

I wish to use this opportunity to thank my very good friend J.E. Usman , the current National Welfare Secretary for the fantastic work he has done so far. I know the many challenges he has had to confront in responding to the needs of Colleagues. I look forward to his guidance and advice in ensuring that we continue to make the welfare of Lawyers a core responsibility of the NBA. I also thank my co- National Officers, particularly my very good friend, Chinyere Obasi. We would continue to work as a Team.

My distinguished Colleagues and true advocates for positive change, the Election is few weeks away. I request that you spread the gospel of Kunle Edun to all Lawyers and groups. It is a gospel for better welfare for members. Let the final victory be for the Nigerian Lawyers.

Thank You.

S. O. K. SHILLINGS
Distinguished colleagues, I have read and been inundated with reports of the release of names of contestants for the coming election wherein my name is missing.
I understand that those who are disqualified have been notified of the fact and grounds of their disqualifications.
I have not received such notification. It is therefore clear that the omission must be due to inadvertence. We have therefore informed the ECNBA of this development and the need for it to do the needful.
I urge us to keep calm and follow up on our steady agenda leading to the final bend, sprint-start lapse.
I thank you immensely for the huge solidarity.

ADEDOTUN ADETUNJI
To all my teeming fans and supporters who have been calling and sending me messages from North, East, South and West since the news of my so called disqualification broke, I thank you very much and I dare say that this is the handwork of Shaitan but he won’t succeed. I believe this happened for a very very positive reason. The reason given for my disqualification is that my seconder did not have sufficient duration of NEC membership meanwhile he has been Nec member since 2004 till date (unbroken). What an irony. He has been secretary of a branch as Nec member 2004-2006, Chairman of a branch as Nec member 2014-2016 and the current elected Nec rep 2018-2020. He was coopted as Nec rep by the Presidency of Olisa Agbakoba San 2006- 2008, Rotimi Akeredolu San 2008-2010, J.B. Daudu San 2010-2012, Okey Wali San 2012-2014 and A.B. Mahmoud San 2016- 2018. *He has been a Nec member for 16 years unbroken period meanwhile, the constitutional requirement is to be in Nec for not less than two (2) years.*
We are surely going to appeal vehemently. We have a window of 7 days to do that but the action starts now. I thank you all for your support. Please keep the flag flying. No cause for alarm.

OLAYINKA SOKOYA
Good morning learned seniors and friends, I have read the list as sent by ECNBA and shockingly discovered that my name was missing in the list of cleared Aspirants. I equally received a letter of from Ecnba stating the reason for my disqualification subject however to appeal. The ground as stated in the said letter which was sent to my email, is that there was insufficient duration of my seconder as a NEC member. Immediately I saw this I was relieved due to the fact that this ground of disqualification cannot hold with respect to Ecnba. I am aware that my Seconder was the chairman of Osogbo branch between 2017-2019 during which he was a NEC member. My Seconder is equally the current NEC rep of his branch. Consequently I will sporadically appeal the disqualification on this ground. I thank you all for standing by me and for your unfiltered love for me. Let’s us be rest assured that our appeal by the grace of God will succeed. God bless you all.

SABASTINE ANYIA
SINCERE GRATITUDE TO COLLEAGUES AND FRIENDS FOR STANDING BY ME
I thank God and you all my dear friends and colleagues for standing by me through your prayers, calls and texts
Let’s be reminded that this is just the first hurdle, we have to work harder to achieve the goal. I urge you to remain committed to this project, it’ll be our victory.
God bless us all.

MERCY IJATO AGADA
It is with gratitude to the Most High that I’ve been cleared to contest by the ECNBA for the position of the NBA National Treasurer come 24/25 July 2020.
I want to use this medium to thank all my supporters for their supports and consistencies all these while.
I want to immensely thank all my supporters for their calls and congratulatory messages and I need your continuous support until we reach the finish line.
Thank you.

CAROLINE IBHARUNEAFE
Dear learned silks, colleagues and friends of my aspiration. I got the news of my disqualification from the NBA election by the screening committee in the midnight . I wish to announce to you all that I will be appealing that verdict as we have Seven days to do so. Please do not despair but remain focused as I rely on God to upturn that judgement. I encourage you all to continue with the publicity as all efforts are at top gear to correct the anormalies
I remain yours

ADEBAYO AKINLADE
Good morning everyone….I have just been cleared to contest for the position of 1st Vice President of the NBA…. I continue to crave the support of everyone here to reach out to your respective Branches and others on my behalf for the realization of our collective vision.

CHARLES AJIBOYE
Revered Seniors and Treasured Friends,
I thank you for the deep show of love I have felt by the tremendous number of calls, text messages and chats I have received since midnight over the absence of my name for the ECNBA Provisional List Of Candidates for NBA Elections 2020.
You will recall that I obtained and duly submitted nomination forms with accompanying documents for the office of *National Assistant Publicity Secretary*.
That you noticed the omission of my name from the list means to me that you care. I feel so honored and humbled by this. I am more encouraged to throw myself to serve the association we all love, and need to shine so brightly.
I was initially not contacted by the committee. They have since apologized for the slip in the typing of my e-mail address, and have duly reached me this morning on the reason for my disqualification viz:
*”Insufficient duration of your seconder’s membership of the branch executive committee as at close of nominations*”
The good news is that my seconder is a very senior member of Bar, and a two-term(4years) member of the executive committee of the NBA Ikeja Branch. So all we need to do is to utilize the opportunity of Appeal to make this clarifications to the ECNBA.
Nothing has changed please. Lets keep the ball rolling. It’s all about #anewnarrative
You know Charles Cares
You know Charles can assist
Be reminded…Charles is still in

NNAMDI RAPHAEL ANAGOR
Revered Colleagues,
I was cleared by the Electoral Committee of the Nigerian Bar Association (ECNBA) to contest for the office of the National Financial Secretary of our great Association.
Dearest Colleagues I appreciate your steadfastness and support. You all made this crucial victory at the start a reality.
Learned Colleagues your support and prayers were fruitful. I appreciate them.
This is just the first step in the process. I urge you not to relent until this dream becomes a reality.
Once again I thank you all.

AKOREDE HABEEB LAWAL
Dear learned seniors and friends,
The ECNBA has been kind to promptly inform me of the reasons for my disqualification for the office of National Publicity Secretary in the forthcoming bar elections. I trust the process and I believe in its fairness.
It’s easy to have a rush of emotions about this thing, but I’ll simply take my time to do the needful.
By the way, I’ve still got a job to do in my present role as Assistant National Publicity Secretary of our NBA. And I wish to continue in my role without distraction and with the right and desirable attitude.
I thank you all for your genuine concerns, and I urge you not to lose sight of the ultimate goal.

CHINYERE OBASI
Good morning my dear learned Seniors, colleagues and friends I received with shock a mail from the ECNBA stating reason my name is not on the provisional cleared list along side other names.
The mail also indicated that I have within 7 days to appeal.
ECNBA singular reason for not clearing me is that at the point of nomination, that my NEC Membership is less than 2years.
I will appeal because by virtue of my position as a National officer for two years I should be deemed to be seen as a NEC member for two years.
So I will implore everyone to keep calm until I go through the process of appeal within the stipulated time frame of 7 days.
Thank you for all your support, encouragement and prayers.
I really appreciate
all those that have called to show concerns, I owe you all this explanations and I appreciate you all for the immense support and show of love.
Thank you and thank you.

DR. RAPULU ERNEST NDUKA
Dearest Colleagues.
Yesterday the Electoral Committee cleared me for contest for the office of the Publicity Secretary of our noble Association.
This clearance the first step and very crucial in my bid to serve you is down to your support and prayers.
I could not have gotten this far without your prayers, support and counsel.
This is the first step. It is not yet uhuru. We should not relent till we get to the end of the race.
Once again I say a big thank you!

DR. GERALD ABONYI
Having received information on from ECNBA on the lack of information on my Nominator and Seconder, I am taking necessary steps to rectify same. There is no room for retreat. Thanks for believing in me. Keep the faith.

UCHENNA NWADIALO
Good evening colleagues!
To God be the glory, I have been provisionally cleared by ECNBA to contest for the office of ASSISTANT GENERAL SECRETARY of our great association in the forthcoming NBA NATIONAL elections.
Thank you all for your support.

ANNE AGI
Good afternoon dear colleagues. I am happy to inform you that I have been cleared by the ECNBA to contest for the office of *Assistant Secretary* in the NBA National Elections which comes up next month (July 2020).
Thank you so very much for your support all along and your congratulatory messages. I am honoured and very grateful.
Having been cleared, I need your help to scale through. I respectfully appeal for your support. Please spread the word for me in all your branches. It is with your help that I succeed.
Thank you.

AHMED ALHAJI
Disqualification not the End, I Take It in Good Faith
” _I thank all my supporters near and far. Thank you so much for being here. This is not the outcome we wanted or we worked for, and I’m sorry we did not make it to the election race for the values we share and the vision we hold for our beloved bar.”

OSAGIE OAIKHENA
I am most grateful to God Almighty , for the privilege to be cleared to contest the office of Assistant Secretary of the Bar, and the Chairman of my home branch, Prince C. B Ogiegbean Esq . I thank my nominator, the erudite bencher, Razak Isenalumhe Esquire, my seconder, Mr. Ebosele Okifo, and leaders including Solomon Odiase Esq, Olawyiwola Afolabi Esq, as well as those who have believe in me… I promise not to dissapoint you all, God bless the Nigerian Bar, and may the Bar never be an undergrowth.

Please send emails to citylawyermag@gmail.com. Copyright 2020 CITY LAWYER. All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

EDITOR'S CHOICE
Oct 08, 2019
2
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NBA PRESIDENCY: AJIBADE JOINS THE RACE

THROWS SPANNER IN THE WORKS

Leading corporate lawyer, Dr. Babatunde Ajibade has joined the race to succeed Mr. Paul Usoro SAN as Nigerian Bar Association (NBA) President, CITY LAWYER can authoritatively report.

The entry of the cerebral lawyer into the already crowded field has thrown spanner in the works, as many consider him a serious contender for the coveted seat. In fact, asked what Ajibade’s chances are to clinch the sought-after seat, a former NBA chieftain told CITY LAWYER that Ajibade is a “potential NBA President.”

Though seemingly a late entrant into the presidential race given that some of the aspirants have been making discreet moves for several months now to push their ambitions, CITY LAWYER gathered at the weekend that Ajibade is not leaving anything to chance in his quest to win the NBA Presidency.

A source close to the NBA Section on Business Law (NBA-SBL) Advisor told CITY LAWYER that Ajibade has commenced aggressive consultations to intimate especially Bar Leaders on his ambition. Although a familiar face in the continuing legal education circuit where he is routinely engaged as a facilitator, there are strong indications that the recently concluded International Bar Association (IBA) conference in Seoul, South Korea may have offered Ajibade a platform to sell his candidacy.

To put the matter of his quest beyond debate, CITY LAWYER gathered from unimpeachable sources that the highly successful corporate lawyer has started telephoning and visiting key Bar Leaders to formally intimate them on his ambition. At least two Bar Leaders confirmed to CITY LAWYER that Ajibade spoke to them on his desire to lead the Bar while a former NBA chieftain said that Ajibade contacted him through a proxy.

In line with the NBA Constitution 2015 (as amended), the next NBA President will emerge from the South West Zone comprising. According to Article 2.2(b) of the Second Schedule to the amended NBA Constitution dealing with ‘Election of National Officers,’ “The positions of the President, 1st Vice President, 2nd Vice President, 3rd Vice President and General Secretary shall rotate among the three zones. In determining the eligibility of a candidate to contest for any of the rotated offices, regard shall be had to a candidate’s Geographical Zone of origin and not the geographical Zone where he/she carries on legal practice.” On the other hand, Article 2.2(e)(iii) lists the States under “Western Zone” as Delta, Edo, Ekiti, Lagos, Ogun, Ondo, Osun and Oyo.

Other aspirants who have been touted for the post of NBA President are another leading and successful corporate lawyer, Mr. Olumide Akpata; former presidential candidate and NBA General Secretary, Mr. Dele Adesina SAN and another erstwhile NBA General Secretary, Mr. Olumuyiwa Akinboro SAN.

Ajibade’s entry into the race has substantially altered the political dynamics for the NBA Presidency race. Aside from being a hugely successful corporate lawyer, Ajibade, like Akpata, is also from NBA Lagos Branch which has always had the largest bloc of votes in NBA elections. Though some question his credentials as a “Bar-man,” many view him as highly cerebral, self-effacing and not having any integrity deficit.

Several Bar Leaders who responded to CITY LAWYER enquiries on his candidacy stated that he is not only eminently qualified for the position but must be seen as a serious contender, adding that other aspirants would ignore him at their own political peril.

While Akpata was before now seen as perhaps the ‘anointed candidate’ of NBA House, impeccable sources told CITY LAWYER that his campaign may have suffered some reversals lately. CITY LAWYER reliably gathered that there is a major schism in Akpata’s camp, with speculations that a major power broker and backer may be having a serious rethink on his support for the highly successful corporate lawyer, immediate past Chairman of the NBA-SBL and Co-Chair of the recently concluded NBA Annual General Conference (AGC). Unless the rift which a source close to the power broker described as having “far reaching consequences” is resolved prior to the opening of ballot, it may eclipse a major support base for Akpata.

Like Alegeh, he is also from Edo State. This is seen as perhaps his biggest hurdle. What is more, Article 2.2(d) of the Second Schedule to the NBA Constitution provides that “Where a position is zoned to any particular geographical zone, the position shall be rotated and held in turn by the different groups and/or sections in the geographical zone.” Akpata is seen as having the brightest chance to wrestle the NBA Presidency from the rank of Senior Advocates of Nigeria who have dominated the post for a long time. A similar potent quest by fiery former NBA General Secretary, Mr. Afam Osigwe was aborted midstream, as he was disqualified by the electoral body. He however blames his ‘political detractors’ for his fate.

Bar watchers told CITY LAWYER at the weekend that unless both Ajibade and Akpata are able to reach an understanding before the elections, they are bound to split their key support base – NBA Lagos Branch – down the middle. Usoro is a member of the branch. Ajibade’s emergence on the scene may have put him in a quandary, even as speculations are rife on whether the NBA President is privy to his quest.

Ajibade’s emergence has also seemingly torpedoed several permutations. A source close to the Legal Practitioners Disciplinary Committee (LPDC), Lagos Zone Chairman told CITY LAWYER thus: “You will know that he would not have resolved to run for NBA Presidency without the support of past and present Bar Leaders.”

Some analysts however argue that his entry into the race has only given additional boost to Akpata’s quest, adding that the Bar is set for a repeat of the 2014 NBA presidential race when three core South West candidates ran against former NBA President, Mr. Augustine Alegeh SAN. With the three candidates – Mrs. Funke Adekoya SAN, Chief Adeniyi Akintola SAN and Mr. Dele Adesina SAN – splitting the South West votes, Alegeh coasted to victory with a total of 691 votes. His runner-up, Adesina, SAN polled 370 votes, Adekoya garnered 255 votes, Akintola received 126 votes while Osas Erhabor brought the rear with 17 votes. The three core South West candidates polled 751 votes, 60 votes more than Alegeh’s.

Some analysts also argue that Ajibade is not a ‘Bar-man,’ adding that his candidacy is not materially different from Akpata’s since they are both successful commercial lawyers from the “Corporate Bloc” of the NBA. But his camp disagrees, saying that his litany of services to the Bar is there for all to see.

The advent of Alegeh has led to a string of successive NBA Presidents emerging from the corporate bloc or ‘big law firms.’ Feelers by CITY LAWYER at the weekend indicate that the face-off between the ‘corporate’ and ‘Bar-men’ blocs will continue and intensify in the forthcoming elections, as the ‘Bar-men’ are desperate to wrest power from their heavy spending corporate counterparts.

A veteran of sorts in the NBA Presidency race, Adesina has his major support base in Ikeja Branch where he held several posts. Ditto for Akinboro who is also a czar of sorts in the Abuja Bar circles. Both are seen as no push-overs in the forthcoming NBA Elections, though some Bar watchers contend that there are a few chinks in their armours which would become apparent as the campaigns heat up.

Ajibade is touted as a go-to lawyer by several international rating agencies including Who is Who Legal, Chambers Global and IFLR 1000. According to a biography by Who is Who Legal, Ajibade is the Managing Partner of SPA Ajibade & Co, a leading corporate and commercial law firm with offices in Lagos, Ibadan and Abuja, Nigeria.

“Babatunde is a dispute resolution specialist and has substantial expertise in international commercial arbitration, especially in the fields of company law, energy law, labour law, hospitality law and investment treaty law. He has acted as counsel in arbitration proceedings involving complicated shareholder disputes arising from alleged breaches of restrictive pre-emptive rights and damages claims arising from alleged breaches of hotel development and management contracts. He has also conducted several ad hoc references and is currently coordinating an investment treaty arbitration claim against a host state. Babatunde also sits as an arbitrator and is currently presiding as sole arbitrator in an international commercial arbitration with its seat in Lagos involving alleged breaches of the terms of an international executive employment contract and as a co-arbitrator in a complicated energy dispute involving crude oil handling, also with its seat in Lagos.

“Babatunde also has extensive experience in all aspects of corporate and commercial litigation. He has prosecuted and defended numerous claims relating to corporate disputes acting on the instructions of shareholders, directors or their companies. He has also prosecuted and defended several claims on behalf of and against banks and insurance companies. He has a firm grasp of the commercial issues involved in such litigation.

“Babatunde also has extensive experience in transactional corporate and commercial legal practice and has been involved in the formation, maintenance and regulation of all types of business entities in Nigeria. He has been involved in the Nigerian capital market as a solicitor in several public offers of securities and in mergers and acquisitions and was the pioneer secretary, vice chairman and is a past chairman of the Capital Market Solicitors Association. He was vice chairman of the rules and regulations sub-committee of the Securities and Exchange Commission’s capital markets committee, a member of council and vice chairman of the banking, finance and insolvency sub-committee of the Nigerian Bar Association’s section on business law.

“Babatunde is a vice president of the ICC Arbitration Commission’s steering committee, a member of the ICC’s Africa Commission, a director of the Lagos Chamber of Commerce International Arbitration Centre (LACIAC), a member of the LCIA’s African Users Council, a member of the Lagos Court of Arbitration and the Chartered Institute of Arbitrators (UK) Nigeria branch.

“Babatunde was called to the Nigerian Bar in 1989. He obtained a LLM degree in corporate and commercial law in 1990 and a PhD in private international law in 1996, both from King’s College London. He was elevated to the rank of senior advocate of Nigeria in December 2007. He was awarded the International Practice Fellowship of the International Bar Association in Madrid in October 2009 and he became a fellow of the Chartered Institute of Arbitrators UK in January 2015.”

Please send emails to citylawyermag@gmail.com. Copyright 2018 CITY LAWYER. All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

NewsPress

NewsPress

AKPATA REGIME BOYCOTT: EGBE AMOFIN ‘DISOWNS’ AKINTOLA

INTERNET VOTING VIOLATES NBA CONSTITUTION, SAYS GADZAMA

SEEKS INCLUSION OF YOUNG LAWYERS IN STANDING COMMITTEES

‘I’M NOT SURPRISED AKPATA WON’ – CHIJIOKE OKOLI

ECNBA APPEARS BEFORE TRUSTEES, REPLIES ADESINA

• CONTRADICTS ITSELF ON NUMBER OF VERIFIED VOTERS
• SET TO SUBMIT CLEAN LIST OF VERIFIED VOTERS TO BOT
• ELECTIONBUDDY SUBMITS CERTIFIED RESULTS
• ‘AUDIT WILL IDENTIFY EVERY VOTER, CHOICES’
• ‘THERE IS ROOM FOR IMPROVEMENT,’ SAYS TAWO

NBA TRUSTEES TO HEAR ADESINA’S ELECTION PETITION TODAY

SHOCKER! NBA ELECTION PORTAL RESULT TALLIES WRONG

• ALSO, MORE VOTERS ON PORTAL THAN ON VOTERS’ REGISTER

AKPATA DISOWNS ATTACKS ON POLITICAL OPPONENTS

AKPATA’S AIDE BLASTS ADESINA OVER NBA ELECTION

SAYS ‘HE PREPARED TO FAIL’

‘HIS AGENT ONLY CAME TO SITUATION ROOM TO SUBMIT PETITION’

EXCLUSIVE: EGBE AMOFIN CRACKS, GAGS MEMBERS ON NBA ELECTION

• EGBE BLOC CONGRATULATES AKPATA, ASSURES SUPPORT
• ADESINA PETITIONS NBA TRUSTEES

ELECTION CRISIS: USORO VOWS TO UNITE AKPATA, ADESINA, OTHERS

‘NO HERO HAS EVER EMERGED FROM TREACHERY,’ ADESINA WARNS

THANK YOU ALL FROM DELE ADESINA, SAN, FCIArb.

AKPATA PROMISES ELECTORAL REFORMS, HAILS ADESINA, AJIBADE

AKPATA WINS: AJIBADE, ALEGEH, YLF, EBF, MID-WEST FORUM HAIL HIM

NBA ELECTION CRISIS: AUDIT TO THE RESCUE?

ADESINA ASKS ECNBA TO CANCEL ONGOING NBA ELECTION

EXCLUSIVE: CONCERNS MOUNT ON VOTING PLATFORM FOR NBA ELECTION

‘NO CAUSE FOR ALARM,’ SAYS ECNBA

ADEGBORUWA OKAYS ADESINA, AJIBADE, AKPATA FOR NBA PRESIDENCY

AREWA LAWYERS ADOPTION: ANOTHER BRANCH CHAIR DISTANCES SELF

NBA PRESIDENCY: AREWA LAWYERS FORUM ADOPT ADESINA

NBA PRESIDENCY: OLUJINMI, CLARKE, PINHEIRO BACK ADESINA TO WIN

Below are the full texts of the statements:

NBA ELECTIONS: ELECTORAL C’TE CLEARS ADESINA, AJIBADE, AKPATA, BARS 15 OTHERS

SANship: AKPATA, OGUNLANA FAULT AWOMOLO, ADESINA SPEAKS

NBA PRESIDENTIAL ASPIRANTS WOO IGBO LAWYERS

WHAT ADESINA, AJIBADE, AKPATA, OGUNLANA, OTHERS ARE SAYING ON ECNBA CLEARANCE, DISQUALIFICATION

NBA PRESIDENCY: AJIBADE JOINS THE RACE

ADESINA

SEEKS INCLUSION OF YOUNG LAWYERS IN STANDING COMMITTEES

• CONTRADICTS ITSELF ON NUMBER OF VERIFIED VOTERS • SET TO SUBMIT CLEAN LIST OF VERIFIED VOTERS TO BOT • ELECTIONBUDDY SUBMITS CERTIFIED RESULTS • ‘AUDIT WILL IDENTIFY EVERY VOTER, CHOICES’ • ‘THERE IS ROOM FOR IMPROVEMENT,’ SAYS TAWO

• ALSO, MORE VOTERS ON PORTAL THAN ON VOTERS’ REGISTER

SAYS ‘HE PREPARED TO FAIL’

‘HIS AGENT ONLY CAME TO SITUATION ROOM TO SUBMIT PETITION’

• EGBE BLOC CONGRATULATES AKPATA, ASSURES SUPPORT • ADESINA PETITIONS NBA TRUSTEES

THANK YOU ALL FROM DELE ADESINA, SAN, FCIArb.

‘NO CAUSE FOR ALARM,’ SAYS ECNBA

Below are the full texts of the statements:

• CONTRADICTS ITSELF ON NUMBER OF VERIFIED VOTERS
• SET TO SUBMIT CLEAN LIST OF VERIFIED VOTERS TO BOT
• ELECTIONBUDDY SUBMITS CERTIFIED RESULTS
• ‘AUDIT WILL IDENTIFY EVERY VOTER, CHOICES’
• ‘THERE IS ROOM FOR IMPROVEMENT,’ SAYS TAWO

• EGBE BLOC CONGRATULATES AKPATA, ASSURES SUPPORT
• ADESINA PETITIONS NBA TRUSTEES