AGM

EXCLUSIVE: ‘THERE’S NO PEACE PACT, MAIKYAU, GEN SEC STILL USURPING MY OFFICE,’ SAYS NBA TREASURER

The crisis rocking the Nigerian Bar Association (NBA) Executive Committee is far from over as the embattled NBA Treasurer, Caroline Anze-Bishop has distanced herself from the highly publicized ‘peace pact’ between the squabbling NBA National Officers.

CITY LAWYER recalls that NBA witnessed perhaps the most chaotic Annual General Meeting (AGM) in recent history when the National Treasurer alongside the NBA Second Vice President Clement Chukwuemeka and Third Vice President Amanda Demechi-Asagba argued that NBA President, Mr. Yakubu Maikyau SAN was impeding the performance of their constitutional roles.

But NBA had announced in a Press Statement that it had hammered out a truce between the National Officers, saying: “The President of the Nigerian Bar Association (NBA), Mr. Yakubu Chonoko Maikyau, OON, SAN has announced the reconciliation of the national officers of the NBA following the disagreements that emerged during the last Annual General Meeting of the NBA.”

Quoting Maikyau, the statement read: “We have allowed ourselves to become ministers of reconciliation such that all the challenges and the differences we had within our Exco, have by the special grace of God today, been reconciled. And the first place we would go to after that reconciliation is this occasion…we give God all the glory, and the process of reconciliation was not difficult, it was seamless.”

The statement added: “The reconciliation of the national officers took place at the meeting of the National Executive Committee of the NBA, presided over by the NBA President, who had in attendance all the national officers of the Association. Rising from the meeting, members of the Executive Committee resolved to put their differences aside and re-dedicate themselves to the service of members and the lofty objectives of the NBA.”

But Anze-Bishop told CITY LAWYER that nothing could be farther from the truth. Responding to the public statement, she said: “I saw the statement just like you did, that we resolved. Resolved what? And who’s ‘We’? The AGM Saga was an open public show and so was my rejoinder, and I expect a public response by Mr. President to those issues and nothing less.”

Giving a hint that nothing has changed since the highly publicized face-off at the AGM, Anze-Bishop stated that her role is still being usurped. Her words: “My job is still being done by the G. S. and Mr. President, so (the) status quo remains the same and a few exaggerated words won’t cover it.

“I am not in a boxing ring with anyone so it’s baseless to claim we’ve (whoever that is) reached a truce. The National Officers physically met on the 19th and 21st of October but I only joined virtually on Saturday, the 21st, the second day. With the exception of the 1st VP perhaps, every other National Officer pointed out that Mr. President carries on by himself regardless of our presence or roles as National Officers.”

Hinting that the face-off between her and the NBA President may still rear its ugly head at the forthcoming NBA National Executive Council (NBA-NEC) meeting, Anze-Bishop said: “I equally reiterated to him (Maikyau) and the EXCO that the same scenario of the AGM with me will repeat itself at NEC because nothing has changed even as at now, and I will report no falsehood. Mr. President only responded that we will meet at the next meeting of 28th November and discuss these issues. Is that how a ‘resolution’ is done? as I hear being peddled around?”

CITY LAWYER recalls that Anze-Bishop had washed her hands off the financial statements presented to the AGM, saying she would not endorse them as she was not privy to the preparation of the statements. The AGM ended abruptly, without adopting or approving the financial statements.

Noting that she “always looks forward to an excellent working relationship with Mr. President,” the NBA Treasurer however told CITY LAWYER that “The issues I tabled before the AGM are yet to be resolved,” adding that “the status quo remains the same the same.”

She described the NBA public statement as “a most inspiring and proactive statement capable of giving an exquisite makeover or face lift to the worst of scenarios I would humbly imagine. So, Bravo!”

Tracing the crisis to the “abundance of little or no regard for National Officers and their Constitutional duties/Offices inter alia,” Anze-Bishop told CITY LAWYER that “A consideration of Romans 13:7 and upholding the provisions of our Constitution especially with regard to the sacredness of the duties of each officer and drawn boundaries between one Officer and the other, or between one Officer and others inter alia will certainly help to set things aright in my modest view.”

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NBA GETS 3 MORE BOARD TRUSTEES, NOW 9

The Nigerian Bar Association (NBA) has appointed three new Trustees to join its Board of Trustees. The Trustees are Mr. Yunus Ustaz Usman, SAN (NBA Kaduna Branch); Mr. George Etomi (NBA Lagos Branch) and Patricia Igwebuike (NBA Oji River Branch). This brings to nine the total number of NBA Trustees.

An unimpeachable source told CITY LAWYER that the appointments were proposed and accepted at the pre-Annual General Conference National Executive Council (NEC) Meeting and ratified by the Annual General Meeting (AGM) both of which held in Lagos.

CITY LAWYER reliably gathered that appointment letters have been issued to the new Trustees.

The appointments are in line with Section 24(ii) of the amended NBA Constitution which provides that “The Trustees shall be nine (9) in number and shall be known as THE INCORPORATED TRUSTEES OF THE NIGERIAN BAR ASSOCIATION in accordance with the provisions of Part F of the Companies and Allied Matters Act, Act No. 3 2020 (“CAMA” as may be amended from time-to-time). Provided that each geographical zone of the Association as defined in this Constitution shall have an equal number of Trustees.”

Usman was until recently the Chairman of the dissolved NBA Disciplinary Committee. The 15-member committee was set up to investigate complaints of professional impropriety or other misconduct against members of the Bar and to make appropriate recommendations.

Etomi was Chairman of the 12-member Transition Committee which birthed the Olumide Akpata Administration. He was also the pioneer Chairman of NBA Section on Business Law (NBA-SBL). In 2016, Etomi was appointed a member of the Body of Benchers, and is a recipient of the National Productivity Order of Merit Award (NPOM). He is also a member of the International Trade in Legal Services of the Bar Issues Commission of the International Bar Association (IBA) and a regular facilitator at global business conferences.

Igwebuike is currently a Cabinet Member in the Professor Chukwuma Soludo Administration. A former Chairman of NBA Oji River Branch, Igwebuike was a Special Assistant to former Governor Willie Obiano also of Anambra State. She was the Secretary of the recently dissolved NBA General Purposes Committee.

Other members of the Board of Trustees are Dr. Olisa Agbakoba SAN (Chairman), Mr. Joseph Daudu SAN, Mr. Augustine Alegeh SAN, Chief Kanu Agabi SAN, Mrs. Fatima Kwaku, and Mr. Obafemi Adewale.

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NBA-AGC: SPIDEL HOLDS AGM, PARLEY ON UNDERMINING JUDICIARY TODAY

The Nigerian Bar Association Section on Public Interest and Development Law (NBA-SPIDEL) will on Wednesday at 5 pm hold its Annual General Meeting as a part of the ongoing NBA Annual General Conference.

According to a statement by NBA-SPIDEL Publicity Secretary, Mr. Godfrey Echeho, the AGM will hold at Eko Atlantic City, venue of the Annual General Conference.

Meanwhile, the Section will on Wednesday at 11 am hold a Breakout Session on the “Consequences of undermining the judiciary under our democracy.”

Among the Panelists are leading human rights activists, Mr. Femi Falana SAN and Chief Mike Ozekhome SAN . Others are the Founder/Director of PRAWA, Dr. Uju Agomoh as well as the Executive Director of Access to Justice, Mr. Joseph Otteh. The Moderator for the session is NBA-SPIDEL Chairman, Dr. Monday Ubani.

The statement noted that highlights of the AGM would include presentation of reports by NBA-SPIDEL Chairman, Dr. Monday Ubani as well as the Treasurer’s Report by Ms. Funmi Adeogun.

The Annual General Meeting will also witness unveiling of the NBA-SPIDEL Branch Representatives who will drive the activities of the Section at branch level.

NBA-SPIDEL members at the Annual General Meeting will also go home with tickets “to benefit from the free Law Pavilion Package granted to all members,” the statement said.

On the other hand, the SPIDEL Breakout Session has NBA-SPIDEL Chairman, Dr. Monday Ubani, as Moderator while Panelists include leading human rights activist, Mr. Femi Falana SAN; a frontline human rights advocate, Chief Mike Ozekhome SAN; the Executive Director of Access to Justice, Mr. Joseph Otteh, and the Director/Founder of PRAWA, Dr. Uju Agomoh.

The session holds at 11 am at Atlantic City, Lagos while the Coordinators are Ogechi Ugwuegbulam and Raymond Nkannebe.

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NBA EXCO ASKS NEC TO IMPEACH ODUAH FOR GROSS MISCONDUCT

The National Executive Committee of the Nigerian Bar Association has resolved to recommend Mrs. Joyce Oduah to the NBA National Executive Council for removal.

The move confirms earlier exclusive reports by CITY LAWYER on the suspension of the erstwhile General Secretary as well as moves by National Officers to impeach her for alleged misconduct.

In an email to NBA members informing them of the resolution of the Executive Committee to suspend Oduah as General Secretary and signed by nine of its 11 members, the committee stated that the move is based on “weighty allegations against the General Secretary, Mrs Joyce Oduah in particular her acts of alleged disobedience to the President, the National Executive Council of the Association (NBA-NEC) and the National Executive Committee.”

The Executive Committee stated that “At the end of the deliberations, the National Executive Committee by a unanimous decision, resolved to refer the General Secretary, Mrs Joyce Oduah to NBA-NEC for disciplinary action under the provisions of section 20(1) of the NBA Constitution 2015 (as amended in 2021) and to recommend her removal from office for gross misconduct.”

Below is the full text of the statement.

RESOLUTION OF THE MEETING OF THE NATIONAL EXECUTIVE COMMITTEE OF THE NIGERIAN BAR ASSOCIATION HELD ON MONDAY 15TH AUGUST 2022

“Following the receipt of a letter dated 14th August 2022, from 9 National Officers of the Nigerian Bar Association (NBA) calling on the President of the NBA, Mr. Olumide Akpata to call an emergency meeting of the National Executive Committee, the meeting held on Monday 15th August 2022 by 8am with the following members in attendance:

1) Olumide Akpata – President
2) John Aikpokpo-Martins – 1st Vice President
3) Debo Adeyemo Kazeem – 2nd Vice President
4) Ombo Victor Frank-Briggs – 3rd Vice President
5) Joyce Oduah – General Secretary
6) Uchenna Nwadialo – Assistant General Secretary
7) Mercy Ijato Agada – Treasurer
8) Raphael Nnamdi Anagor – Financial Secretary
9) Olukunle Edun – Welfare Secretary
10) Rapuluchukwu Nduka – Publicity Secretary
11) Ferdinand Naza – Assistant Publicity Secretary

“The meeting deliberated extensively on the content of the above referenced letter and the weighty allegations against the General Secretary, Mrs Joyce Oduah in particular her acts of alleged disobedience to the President, the National Executive Council of the Association (NBA-NEC) and the National Executive Committee

“Owing to the contents of the letters and statements issued by General Secretary and the disclaimer that the President issued, the NBA President, Mr. Olumide Akpata recused himself from the deliberations and handed over to the 1st Vice President, Mr. John Aikpokpo Martins to chair the meeting.

“At the end of the deliberations, the National Executive Committee by a unanimous decision, resolved to refer the General Secretary, Mrs Joyce Oduah to NBA-NEC for disciplinary action under the provisions of section 20(1) of the NBA Constitution 2015 (as amended in 2021) and to recommend her removal from office for gross misconduct.

“In the meantime, however, in view of the critical importance of the Annual General Meeting which is scheduled to hold on 25th August 2022, and to prevent the General Secretary, Mrs Joyce Oduah from imperiling the Annual General Meeting, the Annual General Conference or the succession to the next administration by her unilateral and unauthorised communications purporting to be legitimate communications from the Association, the National Executive Committee has unanimously exercised its emergency powers under section 9(6) (d) of the NBA Constitution 2015 (as amended in 2021) to suspend Mrs Joyce Oduah from office as the General Secretary of the Association with immediate effect pending the Pre-Conference meeting of the NBA-NEC scheduled to hold on Sunday 21st August 2022.

“The Assistant General Secretary, Ms. Uchenna Nwadialo shall immediately act as the General Secretary pending the PreConference meeting of the NBA-NEC scheduled to hold on Sunday 21st August 2022.

“All members of the Association are advised to continue their preparations for the forthcoming Annual General Conference.”

Signed

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NBA CRISIS: EMERGENCY MEETING ENTERS DAY 2, ODUAH FIGHTS BACK

The Emergency Meeting of the National Executive Committee of the Nigerian Bar Association (NBA-NEC) has entered its second day today as the National Officers deliberate on the crisis rocking the NBA leadership.

The meeting which started today on the heels of differing notices on the forthcoming NBA Annual General Meeting, will continue at 9 pm today, CITY LAWYER reliably gathered.

Meanwhile, the embattled General Secretary Joyce Oduah has issued a statement saying that she only included in the AGM notice items that met the constitutional deadline.

In a statement made available to CITY LAWYER and titled “SETTING THE RECORD STRAIGHT,” Oduah said that “the office of the General Secretary received a Notice of Proposed Amendment on the 14th day of June, signed by the Chairmen of the Branches for the amendment of Section 23 (8) of the NBA Constitution to read “Twenty percent of the BPF paid by members of each Branch shall be remitted to the Branch in the month of April and December of each year.””

Below is the full text of the statement.

SETTING THE RECORD STRAIGHT

Dear Learned Silks, Benchers and Distinguished colleagues,

Ordinarily, I would not have responded to the Disclaimer issued by the President on the 13th of August, 2022, but I am constrained to do so. It is important that I set the record straight as I have received numerous calls from concerned members asking me to state my side of the story. Let me begin by saying that my loyalty goes to the generality of the members of our great profession; and so, in carrying out my responsibilities as the General Secretary [GS] of the Association, I will uphold, dispatch my responsibilities by working within the ambit of the NBA Constitutional provisions whilst respectfully carrying out legal directives and instructions from the National Executive Council [NEC] and the President.

1. As the President stated in paragraph 1 of the Notice, the NBA National Executive Council (NBA-NEC) at the last meeting held in Ilorin on the 9th of June, 2022 resolved that some amendments be made to the NBA Constitution. These amendments include the ‘Increment of the amount from the Bar Practicing remitted to the Branches from 10% to 20%, and other non-contentious issues.’ The Constitution Review Committee and other interested persons could, thus propose amendments to the constitution in line with the conditions stipulated in the NBA Constitution 2015 (as amended in 2021).

2. The condition for amendment of the constitution is stated in Section 25 (1) of the NBA Constitution, thus: “The constitution shall not be amended or repealed or re-enacted except at the Annual General Meeting of the Association and two-third of the branches of the Association are represented and provided further that at least sixty (60) days’ notice of the proposed amendment shall have been given to the General Secretary who shall have circulated same to delegates at least thirty (30) days before the proposed amendment is tabled for discussion at the Annual General Meeting.”.

3. In line with the above provision, the office of the General Secretary received a Notice of Proposed Amendment on the 14th day of June, signed by the Chairmen of the Branches for the amendment of Section 23 (8) of the NBA Constitution to read “Twenty percent of the BPF paid by members of each Branch shall be remitted to the Branch in the month of April and December of each year.” The said letter which complies with Section 25 of the constitution is attached herewith.

4. The Constitution Review Committee was also to send in their proposed amendments but it was not forthcoming. In the National Executive Committee (Exco) meeting held on the 30th day of June, 2022, I informed the President and Excos that the Constitution Review Committee was out of the constitutionally stipulated time to forward the said amendment. Prior to this time, I had called the Chairman of the Committee on several occasions to send in the Committees proposed amendment as they were almost out of time. I had also called the President to persuade the committee to send in their report in time but to no avail. The Notice of the proposed amendment was eventually sent by the Constitution Review Committee to the office of the General Secretary on the 26th of July 2022 via email – 30 days behind the stipulated time required by the constitution. Receipt of the email is attached.

5. The President instructed that a Notice of proposed Constitutional Amendment be sent to members for the AGM, and it was in compliance with his directive and observance of the rule of law which guides the Nigerian Bar Association that I sent out the said Notice on the 27th of July 2022 containing only the proposal by the Branch Chairmen which met the requirement of Section 25 (1) of the Constitution.

6. When this matter was brought up at the National Executive Committee (Exco) meeting on the same day, I informed the meeting that the amendment by the Constitution Review Committee was omitted because of their non-compliance with section 25(1) of the Constitution.

The President and excos canvassed that we could conveniently bypass the requirement of the constitution, but I informed them that the requirement of Notice was not a mere procedural matter but a substantive issue which could not be sidestepped without meaningful consequences. The President and other excos resorted to using several tactics to bully me into conforming with their position to overlook the Constitutional requirement. I informed them that I swore to uphold the Constitution of the NBA and that I will do.

7. The President indicated that it was irrelevant whether I amended the notice or not as he had the power to request any member of the Exco to perform any duties including that of the General Secretary. To my surprise, the next day, 28th of July, 2022, the Assistant Secretary sent out a second notice of proposed amendment to the constitution and attached the proposal sent by the Constitution Review Committee that did not meet the 60 days requirement of Section 25 (1). This was a failed attempt to usurp the constitutional duties of the office of the General Secretary and countermand the notice issued by the office of the General Secretary the previous day; which was infact resisted by the good members of the Association.

8. On the 29th of July, the president and exco members left the executive group chat because of my insistence on upholding the rule of law. Since then, I have received no notice or information of Exco meetings. On arriving at my office on the 13th of August, 2022, I discovered that the President had transferred my secretary who had worked with me for 2 years without consulting, informing or giving me reasons. This action by the President to move my personal Secretary, at a critical time of preparing documentation for the Pre-Conference NEC and AGM demonstrates his well-established unilateral control and command leadership style. Also, I was informed that the members of staff of the Secretariat had been directed by the President not to take instruction from my office but directly from him – a Secretariat which the General Secretary is in charge of. This action by the President clearly denigrates my person and office, making it impossible to be accountable to members of the Association, National Executive Council and AGM.

9. On the 10th of August, 2022, on getting to the office of the Head, Admin and Finance Department, I saw the Treasurer recommending memos for the Annual General Conference to the President. This is usually a responsibility reserved for the office of the General Secretary who is the second signatory to the account, and customarily the officer to vet and recommend memos to the president for his approval – a fact which was affirmed by the President in the last Annual General Meeting of 2021. This is a duty which I have carried out since the inception of the administration to ensure that the monies of the Association are judiciously utilized. I believe, all these were done by the President in a bid to intimidate me and to undermine my office.

10. I received letters from some members of our Association asking for the notices to be withdrawn or we face court action. These letters were forwarded to the President by me, but he did not respond. I made several calls to the President to enable us discuss the way forward or to call for an emergency meeting to discuss the issues raised in the letters, but he neither picked nor returned any of the calls. I also sent the Pre-Conference NEC Notice to him, but he failed to acknowledge same, and I had no choice but to send it to members because we were running out of time.

11. On the 11th of August, 2022, I went to see the President in his office and to my astonishment his secretary informed me that the President had given instruction that she should not let me in whenever I come to see him. When I found my way into his office, I saw and heard a vicious president screaming at the top of his voice that I should leave his office. I had no choice than to leave his office without being able to discuss the threat of a law suit and other issues.

12. It was imperative that I withdrew the notices to save the NBA any negative publicity and preventable litigation cost from any potential lawsuits. I sent the Notice of withdrawal to the IT Support staff to disseminate to members, and he neglected/ failed to do so despite several calls and chats to him. This uncharacteristic behaviour of the IT staff is, I believe, based on the instruction of the President to the members of staff. Hence, my sending the withdrawal notice through my private email and at my cost.

13. For the avoidance of doubt;
a. I am unaware of any meeting where it was decided that the two notices; one issued by the General Secretary on the 27th of July, 2022 and the other issued by the Assistant Secretary on the 28th of July, 2022 would be presented to the Annual General Meeting for a resolution of which should be discussed at the meeting.

b. I have nothing against the proposed amendments by the Constitution Review Committee. However, my stance as I told the President and other members of Exco is that the Proposed Amendment did not meet the sixty (60) days requirement of the Constitution.

I will always stand for the truth and the best interest of the Association even if it means standing alone. I am not a political appointee; I contested for the office of the General Secretary and won by your votes and God’s mercies. The duties of my office are well defined, and I will uphold the provisions of the Constitution which I swore to uphold.

Thank you.

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EXCLUSIVE: NBA EXCO IN EMERGENCY MEETING, MAY IMPEACH GENERAL SECRETARY

The National Executive Committee of the Nigerian Bar Association (NBA-NEC) is currently having an Emergency Meeting over the crisis rocking the Mr. Olumide Akpata Administration, CITY LAWYER can authoritatively report.

A source at the meeting told CITY LAWYER that one of the issues that may be considered by the meeting is whether to impeach the embattled General Secretary of the association, Joyce Oduah for “utter disrespect of the entire National Officers and for refusing to carry out the directives of the NBA-NEC.”

Several National Officers told CITY LAWYER that they were aggrieved with the General Secretary’s refusal to issue approved notice of meeting for the NBA Annual General Meeting (AGM) as resolved by the NBA-NEC.

A ranking National Officer told CITY LAWYER that the last straw was the withdrawal of the AGM Notice by the General Secretary, adding that “It is a huge disrespect to National Officers. If any National Officer exceeds his or her powers, there are bound to be sanctions. Several options are open to us.”

CITY LAWYER also gathered that the NBA-NEC is worried that Oduah may continue with her “disruptive attitude,” adding that “No-one knows what she would do next. This has to be dealt with.”

There are however indications that some National Officers are not certain about the constitutionality of the impeachment move. “I do not know whether we have such powers. But rest assured that whatever we do will be based on law and the NBA Constitution,” a National Officer told CITY LAWYER, adding that “We will not take any arbitrary decision, notwithstanding the egregious and longstanding infractions of the General Secretary.”

When CITY LAWYER contacted Oduah, she said she was not invited to the meeting. “I have not received any Notice of Meeting,” she said. “I believe it was a virtual meeting. No ZOOM link was sent to me. At any rate, I am the one who should issue any Notice of Meeting. It is like shaving one’s head in his absence.”

Oduah also queried the legality of the planned impeachment, saying “The National Executive Committee has no such powers. It is only the NBA-NEC or the General Meeting that can remove an officer. This is not about me but about the office of the General Secretary.”

CITY LAWYER recalls that Akpata issued a disclaimer against a notice by Oduah withdrawing earlier notices by her and the Assistant General Secretary, Uche Nwadialo.

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WHAT WILL DAMIAN NOSIKE DO AS NBA 2ND VEEPEE?

  • I shall perform all other duties as the office may be directed by the President or the National Executive Council or the Annual General Meeting or such other duties which the President is unable to perform owing to ill health, old age, absence from the country or any other reason at the material time.

  • I shall deploy my wealth of experience and team spirit in exhibiting loyalty to the Association and working together with other executives to deliver on the mandate of the incoming administration.

  • I have served the Bar to the best of my time and ability in various capacities and so I understand the workings and practical demands of the office I am aspiring for. I shall dedicate my personal time and energy to the realization of the mission, vision and core statements of the Nigerian Bar Association.

  • VOTE DAMIAN ONWUBIKO NOSIKE, ESQ. FOR NBA 2ND VICE PRESIDENT

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EDE ASENOGUAN APPLAUDS NBA LAGOS ON AGM

ASENOGUAN OSAMUEDE ISOBOMUWA, CANDIDATE FOR NBA GENERAL SECRETARY CONGRATULATES NBA, LAGOS BRANCH FOR A SUCCESSFUL CONDUCT OF ITS ANNUAL GENERAL MEETING

Yesterday, 8th July, 2022, the NBA, Lagos branch successfully conducted its Annual General Meeting, consequent upon which Mr. Asenoguan has penned down a congratulatory message to the branch. The consummate barman who was in attendance at the meeting had the following words to say.

“I am delighted to congratulate the leadership and members of the excellence driven NBA, Lagos branch (Premier Bar) on account of the successful conduct of their Annual General Meeting yesterday 8th July, 2022.

As usual, the meeting reflected the sterling qualities of the Lagos Bar, which qualities have distinguished the branch year in, year out.

I am particularly delighted by the display of hospitality toward my person each time I have cause to commune with the Lagos branch. Once again I had the opportunity of sharing my thoughts with the members of the branch and expressing my innate will to serve. For this I am most grateful.

Thank you and God bless.”

Asenoguan Osamuede Isobomuwa
Candidate for the position of General Secretary of the NBA 2022-2024

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ISAAC OGBAH HAILS NBA PORT HARCOURT, SAGBAMA CHAIR, OTU OKA IWU ABUJA

ISAAC OMUTAOGBAH, FICMC, CANDIDATE FOR THE 3RD VICE PRESIDENT OF THE NBA ATTENDS NBA PORT HARCOURT BRANCH AGM

On Thursday 30th day of June, 2022, Isaac Ogbah Esq. who is aspiring to be the next 3rd Vice President of NBA at the July 16th 2022 election graced the AGM and election of new officers for the Port Harcourt Branch of the NBA. At the meeting Mr. Ogbah congratulated the outgoing executive members for their outstanding achievements and wished them well both in practice and every aspects of their future endeavors.

Mr Ogbah also congratulated all members of the Port Harcourt Bar and wished them well in their election while promising to work harmoniously well with the incoming executive members that would be elected in Branch’s election that would take place at the end of the AGM.

Members of the Port Harcourt Branch of the NBA wish Mr. Ogbah success in the forthcoming NBA election while promising to support him in every way possible.

ISAAC OMUTA OGBAH, CONGRATULATES THE PRESIDENT AND MEMBERS OF OTU OKA-IWU, ABUJA BRANCH ON THE SUCCESS OF THEIR JUNE GENERAL MEETING!

MR. Isaac Omuta Ogbah, a leading aspirant for the position of 3rd Vice President of the NBA in the forthcoming NBA national elections congratulates the President, a Chief Ejiofor Onwuaso Esq.,the entire leadership and members of the OTU AKA-IWU, Abuja Branch on the success of their June 2022 General meeting which was well attended.

Mr President, I sincerely congratulate you on all the successes you and your administration for all the positive strides the Abuja Branch of OTU OKA-IWU has recorded over the years.

Posterity will forever be kind to you for your leadership qualities.

I look forward to having a great working relationship with you and the entire members of the OTU OKA-IWU.

I CELEBRATE YOU ALL NOW AND ALWAYS. SHALOM SHALOM.

ISAAC OMUTA OGBAH, FICMC, NBA 3RD VICE PRESIDENTIAL CANDIDATE IN THE FORTHCOMING ELECTIONS ATTENDS THE AGM AND SWEARING IN CEREMONY OF THE NEWLY ELECTED OFFICIALS OF NBA SAGBAMA BRANCH

Congratulates Barr Paraboma Igbomgbo Esq., the newly elected Chairman of NBA Sagbama Branch and other members of the executive Committee

Also, Congratulates the outgoing Chairman of Sagbama Branch, Mr. Ebinyu George Esq. and members of his led executive on their numerous accomplishments while in office

In continuation of his ambition to become the next 3rd Vice President of NBA Mr. Isaac Omuta Ogbah, the Editor-in-Chief of EJSC, visited the members of NBA Sagbama Branch on Thursday 30th day of June, 2022.

Mr. Isaac Ogbah, who addresses the Branch as well as answered the several questions asked by members of the Branch, appreciated the Branch for the warm reception accorded him and promised to support the newly elected officials of the Branch in every way possible.

Congratulations to NBA Sagabama Branch on the success of their 2022 Law Week.

  • With new NBA Sagbama Branch chairman
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  • EDITOR'S CHOICE
  • Feb 12, 2022
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  • Comments Off on LAWYER PETITIONS CAC TO REJECT NEW NBA CONSTITUTION

LAWYER PETITIONS CAC TO REJECT NEW NBA CONSTITUTION

Former Secretary of the Nigerian Bar Association (NBA) Constitution Review Committee, Mr. Olasupo Ojo has urged the Corporate Affairs Commission (CAC) to reject the newly amended NBA Constitution, saying it contains provisions not approved at the recent NBA Annual General Meeting (AGM) in Port Harcourt.

In an objection letter obtained by CITY LAWYER and addressed to the CAC Registrar General, Mr. Abubakar Garba, the fiery senior lawyer said that he was writing “to formally object to your Commission’s approval of the purported amendments now seeking to repeal the Extant Constitution.”

According to Ojo, “Contrary to the provisions of section 833 above, the NBA by its Notice now seeks to repeal the Extant Constitution pursuant to Sections 28 and 29 of the proposed Nigerian Bar Association Constitution 2021 while no such resolution to repeal was ever passed. Find attached herewith as Annexure 3, the Resolutions passed at the 2021 Annual General Meeting (“AGM”) of the NBA, held on the 28th day of October, 2021 at the Yakubu Gowon Stadium, Elekahia, Port Harcourt, Rivers State, which clearly shows that no resolution was made to repeal the Extant Constitution.”

In the letter titled “NOTICE OF OBJECTION TO REPEAL OF THE NIGERIAN BAR ASSOCIATION CONSTITUTION, 2015 (AS AMENDED IN 2019), Ojo argued that the NBA “duly adopted and passed the resolution to amend the Extant Constitution at the 2021 Annual General Meeting,” adding that “Contrary to the foregoing state of fact and resolutions of the AGM, it now appears that the NBA had inadvertently inserted the following into the proposed NBA Constitution 2021 which purports to now repeal the extant Constitution:

i. Insertion of Sections 28 and 29 which purports to Repeal the Extant Constitution.

ii. Insertion of a Cover which reads: Nigeria Bar Association Constitution 2021.”

The Bar Leader stated that the process for the amendment of a Constitution “is entirely different, separate and distinct from the process for enacting a brand-new Constitution. As with the instant case, since no such notice was given to repeal the extant Constitution, the 2021 Annual General Meeting of the NBA could not have had the mandate or powers to repeal the extant NBA Constitution, especially since the AGM only had a notice to amend.”

Ojo said that the 2021 NBA AGM “has never purported to have repealed the 2015 Constitution, but merely amended same.” He added that “It is also trite that for the Extant Constitution to be repealed, there must be a 60 days’ Notice to such effect.”

He stated that “the crux of my objection, in precis, is on the grounds that the AGM only had notice to amend the Extant Constitution, and duly adopted and passed resolution to so amend. The present sections 28 and 29 of the proposed NBA Constitution 2021, seeks to outrightly repeal the Extant Constitution. To duly so repeal the Extant Constitution, there should have been 60 days’ notice to such effect in accordance with Section 20(1) of the Extant Constitution. This was however, not the case. Therefore, the 2021 AGM of the NBA held on the 28th day of October, 2021 at the Yakubu Gowon Stadium, Elekahia, Port Harcourt, Rivers State could not have duly adopted and passed any resolution (which it never claims to have passed) repealing the Extant Constitution.”

He prayed the CAC to reject the amendment as proposed, adding that he is “by this letter formally objecting to repeal the Extant Constitution as contained in sections 28 and 29 of the proposed NBA Constitution 2021, as same is not a true reflection of the resolutions reached at the AGM and notice to repeal, not having been circulated as mandated by the Extant Constitution.”

He urged the CAC to “uphold this objection” by refusing to register and approve the proposed “Nigerian Bar Association Constitution 2021” for failure to reflect amendments, for which proper notice had been given, duly approved and passed by the AGM.

He also urged the Commission to request the NBA to amend the cover of the proposed NBA Constitution 2021 to read as follows: “Nigerian Bar Association 2015 Constitution (as amended in 2021),” adding that that “is a true reflection of the resolution of the AGM.”

Ojo prayed the Commission to “further mandate the NBA to delete Sections 28 and 29 therein wrongly, unlawfully and illegally inserted into the proposed Nigerian Bar Association Constitution 2021” and “to resubmit a corrected version of its Constitution reflecting amendments, for which proper notice had been given, duly approved and passed by the AGM.”

In a “Forwarding letter” to the NBA President, Mr. Olumide Akpata also dated February 4, 2021 Ojo stated that the Public Notice “is an indication of your willingness to accommodate diverse views, comments and sincere commitment to due process.”

“I greatly commend your open mindedness sir,” said Ojo, “and further to the said public notice, I now hereby forward herewith a copy of my Notice of Objection on the referenced subject to the Corporate Affairs Commission (“CAC”), as demanded in the said Public Notice.”

Intimating Akpata of the kernel of his objection letter to CAC, Ojo said that it is “premised on the likelihood of innocent mistakes from the NBA National Secretariat, in the compilation of the proposed amendments to the Extant Constitution. I say so because I am well aware that the AGM only had notice to amend the Extant Constitution, and duly adopted and passed resolution to so amend. The present sections 28 and 29 of the proposed NBA Constitution 2021, seeks to outrightly repeal the Extant Constitution. Even the cover of the proposed amendment reads: Nigerian Bar Association Constitution 2021. Which further gives the semblance that the Extant Constitution has been repealed.”

It is recalled that Ojo had also petitioned the CAC against amendment of the 2015 NBA Constitution. In a petition with Ref No. CAC/IT/MIA/No.2365 dated 14 September, 2016, Ojo had argued that the 2015 Constitution (as amended), for which the endorsement of the CAC is being sought “belatedly,” did not amend or alter the subsisting 2001 NBA Constitution approved by the CAC.

CITY LAWYER investigation shows that the amendment debacle may not be unconnected with the forthcoming NBA Election, especially as it affects provisions of the NBA Constitution on the zoning of offices. A frontline Bar Leader told CITY LAWYER that if the amendment sails through as currently proposed by the NBA, the zoning arrangement may start afresh instead of track back to the 2015 NBA Constitution (amended).

The citation for the proposed NBA Constitution reads: “This Constitution may be cited as the Nigerian Bar Association Constitution, 2021 and comes into effect this 28th day of October 2021 upon its adoption by the Annual General Meeting.”

The NBA leadership is yet to respond to Ojo’s objection at press time.

CAC_LETTER_OJO

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NBA Lagos Holds AGM Today

The Nigerian Bar Association (NBA), Lagos Branch will today hold its first Annual General Meeting (AGM) under the chairmanship of Mr. Chukwuka Ikwuazom. The meeting is coming against the backdrop of the demise of Pa Tunji Gomez, a consummate Bar-man who was a constant feature at virtually all the branch’s meetings even in the twilight of his life. Continue Reading