APPEAL

DOPING: NIGERIAN ATHLETE WINS, LOSES AT COURT OF ARBITRATION

It was a bitter-sweet experience for a Nigerian athlete, Mr. Clement Krobakpo as The Court of Arbitration for Sport sitting in Lausanne, Switzerland upheld his four-year ban for doping, even as it backdated the commencement of the sanction.

In an award sighted by CITY LAWYER, the arbitral panel refused to disturb the finding of guilt by the sole arbitrator in a Notice of Charge brought by Badminton World Federation (BWF).

Krobakpo had suspended himself from further participation in the Africa Games held in Rabat, Morocco following an Adverse Analytical Finding (AAF) on a urine sample collected during the competition showing the presence of Clenbuterol, a banned substance.

Though the BWF had accepted that the presence of two specified substances had arisen from Krobakpo’s ingestion of “Freedom Juice” and “that the presence of these substances was unintentional,” the federation nonetheless levied a Notice of Charge against Krobakpo for violation of the WADA Clenbuterol Guidelines.

While the Sole Arbitrator who constituted the Court of Arbitration for Sports (CAS) Anti-Doping Division slammed a four-year ban on Krobakpo on 2nd January, 2021, the appellate arbitral court however held that Krobakpo could not suffer doubly for trial delays occasioned by the regulatory authorities.

In an appeal brought against the Badminton World Federation by Krobakpo and argued by senior lawyer, Mr. John Duru of Rose Chambers, Lagos, Nigeria, the appellant argued that because of the undue delay in processing his case within the BWF, he was entitled to as early a start date as possible (date of sample collection) under the BWF ADR.

Though the BWF argued that it was not responsible for the about 11-month delay, the arbitral panel noted that the BWF ADR “provide in its Article 10.13.1 that substantial delays not attributable to the athlete in the processing of his case permit the Panel to backdate the start of the period of Ineligibility to as early as sample collection.

“Put simply, athletes should not be subject to the risk of serious harm occasioned by anti-doping authorities’ failure to function effectively at a high level of performance.”

Quoting an early CAS panel “populated by esteemed arbitrators,” the arbitral panel said: “The fight against doping is arduous, and it may require strict rules. But the rule-makers and the rule-appliers must begin by being strict with themselves. Regulations that may affect the careers of dedicated athletes must be predictable.”

The arbitral panel therefore “conceded there was substantial delay in resolving this dispute that was not attributable to the Athlete.”

In resolving the issue in favour of Krobakpo, the panel held as follows: “As a result, the Panel is of the view that the period of Ineligibility should commence on the date of his sample collection. In other words, the Panel is of the view that the Appellant should receive a four-year period of Ineligibility commencing on the date of this Award, with credit for the time from the date of the commencement of his sample collection, 25 August 2019, to the present, resulting in a forward period of Ineligibility equal to the difference between 4 years and the time from 25 August 2019, until the date of this Award.”

The Court of Arbitration for Sport was constituted by Mr. Jeffrey Benz, admitted to practice in England and the United States, as President while Washington DC-based attorney, Dr. Ucheora Onwuamaegbu and China based lawyer, Dr. Shouzhi An acted as the arbitrators. Aside from Duru, BWF was represented by Thomas Delaye Fortin, its Head of Legal and Governance in Canada.

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NBA SEEKS COMMENTS ON CCA PRESIDENTIAL ASPIRANTS

PRESS RELEASE

NOTICE OF APPOINTMENT OF PRESIDENT, CUSTOMARY COURT OF APPEAL OF THE FCT: REQUEST FOR COMMENTS

Distinguished Colleagues,

Kindly find attached the statement of the President of the Nigerian Bar Association, Mr. Yakubu Chonoko Maikyau, OON, SAN requesting for comments of members on the suitability for appointment as President, Customary Court of Appeal of the Federal Capital Territory, Abuja the following judges:

i. Hon. Justice Stanley Adekunle Lawal;

ii. Hon. Justice (Dr) Ngozika Uwazunrunonye Okaisabor and;

iii. Hon. Justice Istifanus Gandu.

Further attached for your consideration is a short profile of the judges.

Thanks and have a great day.

Akorede Habeeb Lawal
National Publicity Secretary

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MAIKYAU WINS, AS NBA APPEALS C’TE WINDS UP, SUBMITS REPORT

The last hurdle on the path of Nigerian Bar Association President-elect, Mr. Yakubu Maikyau SAN being sworn-in as the next NBA President has been cleared, with the winding up of the appeals process.

CITY LAWYER recalls that Chief Joe-Kyari Gadzama SAN, who was declared runner-up in the elections, had queried the outcome of the election, though he vowed not to file any petition unless the NBA National Appeals Committee (NBA-NEAC) was ratified by the NBA National Executive Council before commencing its work and an audit of the election conducted.

But an unimpeachable source at NBA House told CITY LAWYER that the Appeals Committee has wound up its activities, adding that “The committee has submitted its report.” This has foreclosed the filing of any appeal on the election.

It is recalled that NBA President, Mr. Olumide Akpata had during the week dissolved all Standing Committees, leaving only the Electoral Committee of the NBA (ECNBA) and the Technical Committee on Conference Planning (TCCP) which is spearheading the forthcoming NBA Annual General Conference (AGC).

While members of the first NBA-NEAC LED BY Mrs. Funmi Roberts had resigned en masse following allegations of bias by the Gadzama Campaign Team against some of its members, another committee was quickly constituted to deal with any petitions arising from the 2022 NBA Elections.

Led by former Attorney-General & Minister of Justice, Chief Kanu Agabi SAN, the committee comprised of former NBA President and Board of Trustees Chairman, Dr. Olisa Agbakoba SAN; Cecilia Madueke (Secretary); Mr. Olumide Babalola (Counsel) and Mr. Rotimi Ogunyemi (Resident IT Expert).

The committee had on August 5, 2022 issued guidelines for filing of petitions, pegging the deadline at 7 days. The appeal window lapsed on August 12, 2022. There are strong indications that the committee did not receive any appeal on the election.

CITY LAWYER reliably gathered that the NBA leadership will present the committee and its report to the NBA-NEC for ratification.

Maikyau was declared winner of the NBA presidential election with 22,342 votes while Gadzama polled 10,842 to become runner-up. Immediate past NBA General Secretary, Mr. Jonathan Taidi garnered 1380 votes to place third.

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MAIKYAU TO BE SWORN IN, AS GADZAMA BOWS OUT

Chief Joe-Kyari Gadzama SAN has again vowed not to appeal the recently concluded Nigerian Bar Association presidential election notwithstanding the resignation en masse of members of the NBA National Election Appeal Committee (NBA-NEAC).

This clears the way for senior lawyer, Mr. Yakubu Chonoko Maikyau SAN to be sworn in as the next NBA President, having been declared winner of the July 16, 2022 election by the Electoral Committee of the NBA (ECNBA).

In a press release made available to CITY LAWYER, Chief Chukwudi Oli, a close aide of the ranking Bar Leader, said that “The NBA-NEAC instant resignation is now of no moment and whatever bias this belated attempt aims at curing is long spent and overtaken by event since it is well outside 10 days from the announcement of the election results by the ECNBA within which petitions are to be filed before it.”

Signed by Oli, Director-General of J-K CampaignTeam, the statement noted that “the NBA-NEAC, as with all Standing Committees, is constituted by the President of the NBA, subject to ratification by the National Executive Council. Therefore, a reconstituted NBA-NEAC will no doubt still require the ratification of NEC to lawfully function.”

According to Oli, “If anything, the instant resignation buttresses premeditated and predetermined objectives; for how best can it be explained that the instant resignation is coming well outside of the time limit the NBA-NEAC had itself stipulated in para 3.2 of its “GUIDELINES FOR HEARING AND DETERMINING COMPLAINT(S) FROM CANDIDATES IN THE 2022 NBA NATIONAL ELECTIONS.””

Titled “RE: RESIGNATION OF MEMBERS OF THE NBA NATIONAL ELECTIONS APPEAL COMMITTEE,” the Campaign Team chided the NBA-NEAC members for claiming that the earlier letter to NBA President, Mr. Olumide Akpata was penned by Gadzama, saying that “in the present instance and for clarity, the referenced letter of July 26, 2022, was even neither signed nor circulated by Chief Joe-Kyari Gadzama SAN on social media as alleged by the NBA-NEAC.

It also berated the NBA-NEAC members for the tone of their joint resignation letter, saying that “as legal practitioners and conscionable persons, we understand the virtue of being temperate in language and making variable assertions; and therefore make bold to say that expressing reservations about a process, especially in view of the manifest likelihood of bias, cannot and should not be misread as ‘unfortunate, and undeserving’ or ‘most uncharitable’, as was erroneously averred by the NBA-NEAC.”

The Campaign Team stated that “Considering that the notice of the constitution of the National Elections Appeal Committee for the NBA National Election was released on May 21, 2022, every member of the NBA-NEAC had ample notice to recuse themselves, especially where such member(s) has/have a preference as to candidate(s) in the national elections and have manifestly or tacitly, either by their actions and/or inactions, exhibited such.

“We are ultimately charitable to the truth and our convictions for a better bar. It is in itself most uncharitable to refer to such conviction as uncharitable.”

Below is the full text of the statement.

PRESS RELEASE

RE: RESIGNATION OF MEMBERS OF THE NBA NATIONAL ELECTIONS APPEAL COMMITTEE

The letter dated July 30, 2022, from the NBA-National Elections Appeal Committee (NBA- NEAC) to the President of the NBA refers.

In the aforementioned letter, all 9 members of the NBA- NEAC have resigned their membership due to a letter of July 26, 2022, addressed to the NBA President, which the Committee has alleged was purportedly written and circulated on social media by Chief J-K Gadzama, SAN.

The NBA-NEAC also declared that the alleged “mischaracterization” ascribed to some members of the Committee is most “unfortunate, and undeserving”. It further alleged that the comments made by the learned silk in what it called the “globally circulated letter” was “most uncharitable” and thus that its “mass resignation” was due to their “indignation and principled opposition to the uncharitable comments and accusations of Chief J-K Gadzama, SAN”.

To put a method to this, we will be chronological:

1) Firstly, it is well within anyone’s rights to circulate whatever publication of substance they deem fit, in the present instance and for clarity, the referenced letter of July 26, 2022, was even neither signed nor circulated by Chief Joe-Kyari Gadzama SAN on social media as alleged by the NBA-NEAC. The referenced letter of July 26, 2022, was ably signed by Chief C.P Oli, the Director General, J-K Gadzama Campaign Team, and co-signed by Mr. O.E Oluwabiyi, the Admin Officer of the J-K Gadzama Campaign Team, and further addressed to the President of the NBA, with the NBA-NEAC in copy. Words and actions should not be arrogated without recourse to factual stream of events. Posterity is always kind to the truthful.

2) Secondly, as legal practitioners and conscionable persons, we understand the virtue of being temperate in language and making variable assertions; and therefore make bold to say that expressing reservations about a process, especially in view of the manifest likelihood of bias, cannot and should not be misread as “unfortunate, and undeserving” or “most uncharitable”, as was erroneously averred by the NBA-NEAC. We are ultimately charitable to the truth and our convictions for a better bar. It is in itself most uncharitable to refer to such conviction as uncharitable.

3) Considering that the notice of the constitution of the National Elections Appeal Committee for the NBA National Election was released on May 21, 2022, every member of the NBA-NEAC had ample notice to recuse themselves, especially where such member(s) has/have a preference as to candidate(s) in the national elections and have manifestly or tacitly, either by their actions and/or inactions, exhibited such.

4) The NBA-NEAC instant resignation is now of no moment and whatever bias this belated attempt aims at curing is long spent and overtaken by event since it is well outside 10 days from the announcement of the election results by the ECNBA within which petitions are to be filed before it. If anything, the instant resignation buttresses premeditated and predetermined objectives; for how best can it be explained that the instant resignation is coming well outside of the time limit the NBA-NEAC had itself stipulated in para 3.2 of its “GUIDELINES FOR HEARING AND DETERMINING COMPLAINT(S) FROM CANDIDATES IN THE 2022 NBA NATIONAL ELECTIONS.”

5) Furthermore, under S.14 (1) (l) of the NBA Constitution 2015 (as Amended in 2021), the NBA National Election Appeal Committee is listed as a Standing Committee. By S.14 (3) (i) of the said Constitution, the NBA-NEAC, as with all Standing Committees, is constituted by the President of the NBA, subject to ratification by the National Executive Council. Therefore, a reconstituted NBA-NEAC will no doubt still require the ratification of NEC to lawfully function.

6) It is against these serious and all-important backgrounds that we restate our commitment to a better bar is as unwavering as the rock of Gibraltar. It is a job that must be done and rightly so.

Long live the Nigerian Bar Association!

Signed:

Chief C. P. Oli
Director-General
J-K Campaign Team 
01/08/2022

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IDRIS DOKO, AKPETO, ONAKOYA BARRED FROM NBA ELECTIONS BY APPEALS C’TE

The Nigerian Bar Association (NBA) National Election Appeal Committee has dismissed three more appeals filed by disqualified aspirants for the 2022 NBA Elections, CITY LAWYER can authoritatively report.

Among those who have had their fate sealed as regards contesting the elections are NBA 1st Vice President aspirant, Mr. Muhammad Idris Doko; his counterpart for the office of NBA 3rd Vice President and former Chairman of NBA Sapele Branch, Mr. Promise Besinginwayemi Awolowo Ademi-Akpeto, as well as an aspirant for the General Council of the Bar (GCB), Mr. Femi Onakoya.

It is recalled that the National Appeals Committee headed by prominent chartered arbitrator, Mrs. Funmi Roberts had earlier dismissed an appeal by Mr. Finian Eze Ndukwu, an aspirant for the post of Nigerian Bar Association (NBA) 2nd Vice President.

The committee has so far upheld all the decisions of the Ayodele Akintunde SAN-led Electoral Committee of the NBA (ECNBA) on qualification of aspirants for the eagerly awaited elections.

In the decision on Ndukwu’s obtained by CITY LAWYER, the committee stated that the sole issue for determination was “Whether upon consideration of the omissions in the Appellant’s Nomination Form constituting the basis for the rejection thereof and his disqualification thereby, the Appellant’s appeal is not devoid of merit and liable to being dismissed.”

It held that “It is therefore, our finding that the failures or omissions by the Appellant, his Nominator and Seconder in filling in those fundamental pages, portions, spaces, columns etc in the Appellant’s Nomination Form are not mere irregularities but failure to fulfil or supply to the ECNBA, facts/answers that would have aided ECNBA to determine his eligibility or otherwise for the position of office of the 2nd Vice President of NBA, in the 2022 General Elections.”

“We are in full agreement with the submissions by the ECNBA at page 2 lines 13, 21, and 24 of its Reply to the Appellant’s Appeal, that having failed to proffer answers to questions vii, viii, x, xi, xii, xiii, xiv, xv, xvi, xvii, and xviii of his Nomination Norm, which would have demonstrated his eligibility under the provisions of Part VIII(c), (d), (e) of the Second Schedule and Section 4(a), (b), (c), of the Constitution, the ECNBA was right to have rejected the nomination of the Appellant, and in consequence of that rejection, disqualify the Appellant pursuant to part I, paragraph 6, Second Schedule to the Constitution of the NBA2015, as amended in 2021.”

Bringing its final hammer on the quest by the aspirant to reverse the decision of the ECNBA, the Appeals Committee said: “The Appellant’s contention that he should have been notified of the errors, and that by not notifying him, his right to fair hearing is breached, is of no moment.

“The ECNBA is not clothed with such vires and more so, the Appellant was given the same opportunity as other aspirants to fill the Nomination Form properly, before submitting them. In Ayoade vs State (2020) 9 NWLR (pt 1730) 577 ratio 3 at pages 583 – 584, the Supreme Court held that:

“A party cannot and should not complain of breach of his right to fair hearing where he refused to avail himself as in the instant case, of the opportunity provided under the law to present his case. Darma Vs Eco Bank Plc. (2017) 9 NWLR (pt 1571) referred to………” See also C.M & E.S Ltd. (2020) 1 NWLR (pt 1704) 70 ratio 8 at page 78.

“It is upon the foregoing that this Committee resolves the sole issue against the Appellant and accordingly, his Appeal is hereby dismissed for lacking merit.”

It is recalled that the Appellant, an aspirant to the office of 2nd Vice President of the Nigerian Bar Association (NBA/Association) in the 2022 National Elections of the Association, was disqualified by the Electoral Committee of the Nigerian Bar Association (ECNBA) for failure to fill pages 4, 5, and 6 of the Nomination Form, and that his Nominator and Seconder did not fill pages 10 – 12 and 16 – 18.

The NBA Election is scheduled to hold on July 16, 2022.

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  • EMEKA NWADIOKE
  • May 22, 2022
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  • Comments Off on ‘I ACCEPT MY DISQUALIFICATION BY ECNBA, I WON’T APPEAL,’ SAYS ABDUSSALAM SALEH

‘I ACCEPT MY DISQUALIFICATION BY ECNBA, I WON’T APPEAL,’ SAYS ABDUSSALAM SALEH

An aspirant for the post of Assistant General Secretary in the forthcoming Nigerian Bar Association (NBA) Elections, Mr. Abdussalam Mohammed Saleh has said that he would not challenge his disqualification by the Electoral Committee of the NBA (ECNBA).

In a statement made available to CITY LAWYER, Saleh, who is currently the Welfare Secretary of NBA Unity Bar Abuja Branch and former member of NBA Ungogo Branch Human Rights Committee, said that he has “taken my disqualification in good faith.”

The statement reads:

‘I ACCEPT MY DISQUALIFICATION BY ECNBA, I WON’T APPEAL,’ SAYS SALEH

This weekend, l received with shock an email from the Electoral Committee of the Nigerian Bar Association (ECNBA) informing me of my disqualification as an aspirant for the position of Assistant General Secretary in the forthcoming NBA Elections scheduled to hold on July 16, 2022.

This was not the outcome l had expected when l filed my nomination to contest for the post. I had sought to offer myself as part of a team to revolutionize the NBA Secretariat and make it more member friendly. I was therefore deeply disappointed at this unfortunate outcome.

However, the unity of the Bar is more paramount than my personal ambition. Accordingly, l have taken my disqualification in good faith. I shall not challenge it.

Further, l am ready to serve and support whoever emerges as NBA President in any capacity my services may be needed.

I thank my numerous supporters for the confidence reposed in me, and urge them not to relent in their quest for a Better Bar! It is also imperative that we all elect competent, disciplined and honest National Officers who can sustain the gains made by the Akpata Administration.

Thank you.

SIGNED:
ABDUSSALAM MOHAMMED SALEH

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  • EMEKA NWADIOKE
  • May 21, 2022
  • 1.21k
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  • Comments Off on DOKO, NWOSU, AKPETO, OTHERS DISQUALIFIED, NDUKWU FILES APPEAL

DOKO, NWOSU, AKPETO, OTHERS DISQUALIFIED, NDUKWU FILES APPEAL

More aspirants have been disqualified by the Electoral Committee of the Nigerian Bar Association (ECNBA) in the run-up to the 2022 NBA National Officers and General Council of the Bar (GCB) Elections.

While there is palpable anxiety within the ranks of the aspirants as most of them are yet to be communicated by the electoral committee on their fate, CITY LAWYER gathered that the ranks of aspirants who have come under the ECNBA hammer has swelled.

Meanwhile, CITY LAWYER can authoritatively confirm that at least one aspirant for the position of NBA First Vice President, three aspirants for the post of NBA Second Vice President and one aspirant for the post of NBA Third Vice President have been barred by the Electoral Committee from contesting the forthcoming elections.

Aside from NBA First Vice President aspirant, Mr. Muhammad Idris Doko who was slammed because “your Seconder being a member of a political party in Nigeria is not qualified like you in accordance with the provisions of the Constitution,” outgoing NBA Ukwa Branch Chairman, Sir. Samuel Nwosu was disqualified from the NBA Second Vice President race because as regards the mode of reckoning post call years, “your Nominator is less than the requisite 15 years post-call. Similarly, there is no evidence that your Seconder paid her Branch Dues for year 2020 and 2022.”

His counterpart in the NBA Second Vice President race, Mr. Anthony Chukwurah came under the ECNBA hammer because “your Nominator is not from the Eastern Zone, he is not qualified like you in accordance with the relevant provisions of the Constitution.”

Another aspirant for the same position, Mr. Finian Ndukwu also fell by the way side. Giving reasons for his disqualification, the electoral committee told Ndukwu that “having failed and/or omitted to complete your nomination form and supply requisite answers for determining your eligibility to contest in the Election, your nomination form is accordingly rejected. Consequently, you are hereby DISQUALIFIED from contesting for the office of 2nd Vice-President in the Election.”

Mr. Promise Besinginwayemi Awolowo Ademi-Akpeto, an aspirant for the position of NBA Third Vice President, suffered a similar fate when the Electoral Committee noted that the Seconder for his nomination “is less than 15 years post-call as required” in view of the above constitutional provisions and particularly the mode of reckoning post call years.

Meanwhile, Ndukwu has activated the appeal process. In an appeal made available to CITY LAWYER and addressed to the Chairperson of the Chairperson of NBA 2022 National Election Appeal Committee, he wrote: “I herein attached the said unfiled pages 4,5 and 6 of my nomination form and pages 10-12 including pages 16-78 of my nominator and that of my seconder, as 2nd Vice President for your perusal and reconsideration in this
appeal for the following grounds….”

Outlining the grounds of his appeal, he wrote: “1. That I completed the up part of page 4 of the said form and never filed the remaining part of page 4,5 & 6 because it was clear and stated that it should be filed by candidate for the position of President, 1st Vice President and General Secretary only.

“2. That in respect to pages 10-12 of the said form, it was not also filed by my nominator because it was clear as it is strictly stated for it to be filed by the Nominator of Candidate for the position of President, 1st Vice President and General Secretary only including Nominator of candidates for the position of Treasurer only in the case of page 12 of the my form.”

In a veiled lampooning of the Electoral Committee, Ndukwu argued “that ECNBA in this information age ought to have given fair hearing by giving me time and notice to supply the said information to the above said pages either by invitation, E-mail, whatsapp or Phone call which is available to them and that of my Nominator, and seconder before disqualifying me.

“I therefore most humbly urge the Appeal Committee to reconsider my nomination in the interest of justice as my nomination form was not rejected but accepted with acknowledgement on the 16th of April, 2022 by the ECNBA at the time of submission.”

Meanwhile, almost all the aspirants told CITY LAWYER that the ECNBA is yet to communicate to them on the outcome of the screening process.

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ECNBA HAMMERS 3 NBA VP ASPIRANTS, AKPATA SETS UP APPEALS C’TES

At least three aspirants vying for the posts of Nigerian Bar Association (NBA) First and Second Vice President have been disqualified from contesting the forthcoming NBA Elections.

CITY LAWYER gathered that several reasons were given by the Electoral Committee of the NBA (ECNBA) from bringing its hammer down on the aspirants.

Meanwhile, NBA President, Mr. Olumide Akpata has set up both national and branch appeals committees to resolve appeals that may arise from disqualification of the aspirants.

The nine-member NBA 2022 National Election Appeals Committee (NNEACO) has renowned chartered arbitrator Funmi Roberts as Chairperson with Mr. Austin Ajineh of NBA Warri Branch as Secretary. 

Three NBA 2022 Branch Election Appeals Committees were also established for the three zones, namely East, West and North.

However, at least one aspirant has kicked against his disqualification. In a trending post on his dedicated WhatsApp platform, Mr. Muhammad Idris Doko of NBA Lagos Branch challenged his disqualification, saying the ECNBA decision “came to me as a rude shock.”

Giving more details on his disqualification, he wrote: “The reason for this is that one of my nominators, a Senior Advocate of Nigeria, is a member of a political party and into active politics. In addition to that, the ECNBA also claimed they could not find evidence of his membership of the National Executive Committee.

“This has come to me as a rude shock but I feel i owe you all a duty to inform you of the present state of things. Your unflinching support over the past few weeks has motivated me so much on this journey and I am forever indebted to you all.”

He vowed to “consider the available options open to me which includes appealing the decision of the ECNBA,” while urging his supporters to “remain calm and steadfast in your support for this project and I promise to inform you of any developments.”

CITY LAWYER gathered that the ECNBA hammer fell on the aspirant as his seconder, Mr. Mohammed Nadayako SAN is a card-carrying member of the Peoples Democratic Party (PDP).

The aspirants were given seven days to appeal the ECNBA decision. In an ECNBA disqualification notice sighted by CITY LAWYER, it wrote: “PLEASE NOTE that by virtue of Part IX, Second Schedule of the Constitution you can appeal to the Election Appeal Committee at e lectionappeal@nigerianbar.org.ng wihtin seven days of the communication of this decision to you.” 

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  • EMEKA NWADIOKE
  • Jun 19, 2020
  • 1.33k
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OGUNLANA APPEALS DISQUALIFICATION, BLAMES IKEJA CHAIR FOR WOES

BY EMEKA NWADIOKE

Controversial Nigerian Bar Association (NBA) presidential aspirant, Mr. Adesina Ogunlana has made good his resolve to challenge his disqualification by the Electoral Committee of the NBA.

Ogunlana, the Convener of the Radical Agenda Movement in the Nigerian Bar Association (RAMINBA), blamed outgoing NBA Ikeja Branch Chairman, Mr. Dele Oloke for his woes, saying that the “failure of the Chairman of the NBA Ikeja Branch to issue me the Letter duly applied for within time and in compliance with constitutional provisions is absolutely reprehensible , grossly oppressive and a brazen and violent breach of the Constitution of the Association and a reckless, malicious abuse of the powers of the Nigerian Bar Association.”

Attached to the appeal are Oloke’s reply to his application for Letter of Good Standing, Ogunlana’s Letter of Reply to Oloke’s refusal letter and his Letter to ECNBA Chairman.

Please see details below:

OGUNLANA ADESINA ADEMOLA ESQ.

Phone- 08034854066 Email- thesquiblawjournal@yahoo.com
185, PALMGROVE, IKORODU ROAD, LAGOS.

17th June, 2020

The Chairman,
Electoral Committee of Nigerian Bar Association,
NBA House,
Plot 1101, Central Business District,
Abuja,
Federal Capital Territory.

THROUGH:
The Secretary,
Electoral Committee of Nigerian Bar Association

Dear Sir,
APPEAL AGAINST DISQUALIFICATION OF OGUNLANA ADESINA ADEMOLA FROM CONTESTING THE OFFICE OF THE PRESIDENT OF THE NIGERIAN BAR ASSOCIATION
I received the e-Letter of your Committee dated 12th June, 2020 entitled “Notice of Disqualification from Contesting Election, Re: Office of The President of the Nigerian Bar Association and signed by the Secretary on the 13th day of June, 2020.
I take the liberty to reproduce same here:
“June 12th, 2020

Mr. Adesina Ogunlana,
NBA,
Ikeja Branch

 

NOTICE OF DISQUALIFICATION FROM CONTESTING ELECTION
RE: OFFICE OF THE PRESIDENT OF THE NBA

TAKE NOTICE that upon the perusal and screening of your nomination form with the accompanying documents by a Sub-Committee of the Electoral Committee of the Nigerian Bar Association (ECNBA) constituted for that purpose, it was discovered that you do not have a letter of good standing from your Branch as required by the ECNBA Election Guidelines with respect to nomination of candidates, made pursuant to the Constitution of the Nigerian Bar Association 2015 (as amended).

You have therefore been found not qualified to contest election to the office of the President of the Nigerian Bar Association in the 2020 National Officers Election of the Association.

Note further that you have a right of Appeal exercisable within seven (7) days of receipt of this Notice.

Any letter or notice of Appeal should be addressed to the Chairman, ECNBA and sent to the Committee Secretary via email to : ecnba2020@gmail.com , not later than 4.00 PM on the 7th day subsequent to the date or receipt of this mail.

Cordelia U. Eke (Mrs.)
Secretary, ECNBA”

 

Being utterly dissatisfied with the verdict of your Committee, I hereby appeal same, asking for a reversal and qualifying me to participate in the election in issue.

You will kindly recall, Sir, that my bundle of Nomination Forms including documents pertaining to myself as Candidate, Dare Akande as Nominator and Lateef Abdulsalam as Seconder sent over to you numbered 81 pages. I hereby attach all earlier documents forwarded to you, except my Nomination forms , my Nominator’s forms , receipts and letter of good standing and my Seconder’s forms, receipts and letter of good standing, which are as follows:

1.Adesina Ogunlana’s Bar Practising Fees and Branch Dues paid as and when due for 2018, 2019 and 2020.

2. Letter to Chairman, ECNBA by Adesina Ogunlana, Prospective Candidate for Office of NBA President dated 29/5/2020 with the following attachments:
i. E-mail by Adesina Ogunlana to Dele Oloke Esq., Chairman , NBA Ikeja Branch
ii. Whatsapp Messages of Adesina Ogunlana to Dele Oloke Esq., Chairman, NBA Ikeja Branch
iii. Charge Sheet

3. (A)Chairman and Secretary , NBA Ikeja Branch’s letter to Adesina Ogunlana dated 25/5/2020

(B) Letter to Adesina Ogunlana dated 29/5/2020 in reply to Letter of Chairman , NBA Ikeja Branch dated 25/5/2020 with the following attachments:
i. NBA Ikeja Branch Insurance Committee’s Final Reports
ii. Adesina Ogunlana’s Response to NBA Ikeja Branch’s Insurance Committee’s Final Report
iii. Letter of Mr. Adesina Ogunlana to Chairman NBA Ikeja Branch for application for Letter of Good Standing dated 22nd day of May , 2020
iv. Letter of Reminder of Mr. Adesina Ogunlana to Chairman NBA Ikeja Branch for Letter of Good Standing dated 26th May , 2020

It can easily be gleaned from your said letter of 12th June, 2020 to me that your Committee based its decision to disqualify me from the election on the sole basis that a Letter of Good Standing from the Chairman of my Branch was not found in my bundle of Application papers.

However, as you will recall, I had at the earliest opportunity and within time allowed for the submission of Nomination forms (May 29, 2020) , informed and alerted your good office to the STRANGE AND UNCONSTITUTIONAL reason for the absence of the letter in question, to wit that Mr. Dele Oloke, the Chairman of the Ikeja Branch decided not to issue to me a Letter of Good Standing despite that to his notice and knowledge, I am in full compliance with the provisions of the Constitution guiding the issuance of Letters of Good Standing .

I respectfully reproduce the said Paragraph 4 of Part 1 of the 3rd Schedule to the Constitution of the Nigerian Bar Association 2015 (as amended) inter alia :

“4. Good Standing

A member is in good standing and, if he so desires shall be entitled to a certification of that status signed by the Chairman of the Branch if

(1) In addition to this Bar Practising Fees, he has paid his Annual Dues and all other financial obligations to the Branch as and when due for at least the immediate preceding three years, unless he was enrolled or and relocated to the states where the Branch is situate when a shorter period which shall then be the threshold point instead of three years; and
(2) He or she has in the past one year in question participated in at least three or more activities of the Branch, including attendance at Branch meeting or the sponsorship thereof. Provided that one or more of these requirements may be waived upon proof of temporary relocation to a place outside in the state where the Branch is situate and or serious and prolonged illness.”

By Dele Oloke’s letter to me, dated 25th May, 2020 , but received on 28th May, 2020, particularly in paragraph 6, he highlighted the major reason why he would not issue Letter of Good Standing to me, to wit:

“6. At the Monthly Meeting of Nigerian Bar Association, Ikeja Branch held at its Secretariat (THE BAR CENTRE) on Monday, 2nd December, 2019 and upon the consideration of the reports of the Insurance Committee of the branch, the following resolution was made:
a. That Mr. Adesina Ogunlana, Mr. Yinka Farounbi, Mrs. Derin Kappo and all persons indicted by the report of the Insurance Committee and to whom monies were traced from the insurance funds of NBA Ikeja Branch , not being an insurance company, should return all such monies within 30 days from the date of the resolution.
b. That till now, you have treated the Branch with disdain and arrogance and have failed to refund the sum of eleven million six hundred and fifty thousand naira (N11, 650,000.00) withdrawn by you from the Branch’s insurance account into your personal account.

In view of the aforesaid reason the Branch is unable to issue a Letter of Good Standing to you and we also urge you to respect the Branch’s resolution mandating you to refund the Branch’s money unlawfully converted to your own use”

Sir, I respectfully ask your Committee, are these reasons good in law, in view of Paragraph 4 of Part 1 of the 3rd Schedule to the Constitution of the Nigerian Bar Association 2015 (as amended) to deny me a Letter of Good Standing?

You will clearly see the strenuous extent I went debunking Oloke’s baseless and malicious allegations in the attachments to the letters I sent over to you, especially to wit, the Report of the Insurance Committee (which never claimed that I converted the Branch funds), My Response to the Report of the Insurance Committee and the Charge Sheet in Charge Number ID/9472C/2019., FGN v. ADESINA OGUNLANA & 2 ORS ( to show that Oloke’s interesting objection is on a “subject matter sub judice before the Courts).

I submit respectfully further as follows:

a. The absence of a Letter of Good Standing for me from my Branch Chairman, in my Application Forms is not due to any fault or negligence on my part as I duly paid all requisite fees (Bar Practising Fees and Branch Dues) as and when due for 2018, 2019 and 2020 and I had attended functions of the Branch more than three times in the past one year.

b. That I duly applied to the office saddled with the responsibility of Letter of
Good Standing within time.

c. The refusal and failure of the Chairman to issue me a Letter of Good Standing was malicious, deliberate and not on account of any failure on my part to comply with Paragraph 4 of Part 1 of the 3rd Schedule to the Constitution of the Nigerian Bar Association 2015 (as amended).

My further submission on this Appeal is that in the circumstances of this case, your Committee would be in the right to hold that Ogunlana Adesina Ademola, my humble self, is entitled to be issued a Letter of Good Standing from the Ikeja Branch of the Nigerian Bar Association and the refusal and failure of the Chairman of the NBA Ikeja Branch to issue me the Letter duly applied for within time and in compliance with constitutional provisions is absolutely reprehensible , grossly oppressive and a brazen and violent breach of the Constitution of the Association and a reckless, malicious abuse of the powers of the Nigerian Bar Association.

In the unlikely event that your Honourable Committee fails to uphold my appeal, I submit as follows that a refusal of this Appeal will only mean as follows:

a. That the Committee has construed the office of Chairman of a Branch of the Nigerian Bar Association as a “CONSENTING AUTHORITY” to and on the eligibility of members of his Branch to contest for National Offices of the Association. It would mean where a Branch Chairman for no just and legal reasons refrain or refuse to issue to a Candidate or Aspirant, Letter of Good Standing or issuing same out of time to affect the eligibility of such a candidate, the Electoral Committee will disqualify such a candidate.

I submit with greatest respect that this cannot be the true and acceptable interpretation of the power and status of the Chairman vis the issuance of Letter of Good Standing. The Constitution, truly makes the Branch Chairman, the ISSUING OFFICE of the Letter of Good Standing but the same Constitution by expressly defining entitlement to receipt of Letter of Good Standing, as shown earlier, has circumscribed the powers of the Chairman in this regard from that of loose subjectivity to that of codified and verifiable objectivity.

In simple terms, the Chairman cannot do as he likes in the matter of issuance of Letters of Good Standing. Irrespective of his sentiments for or against the applicant, the Chairman can only be guided in the exercise of his duty or refrain from same , ONLY by the consideration of the Applicant’s compliance or non-compliance with the directives and stipulates of the Constitution in that regard.

May I humbly stress this point. By the constitutional provisions regarding the issuance of Letter of Good Standing by the Chairman of a Branch, it is a right of the Applicant to apply for and receive a Letter of Good Standing, where he is in compliance with the provisions of the Constitution of the Nigerian Bar Association 2015(as amended). Consequently, the Chairman has a COMPELLING DUTY on him to issue the letter, where there is compliance. He,(the Chairman), therefore, is not dispensing or conferring a PRIVILEDGE on the Applicant. In effect, the Chairman issues the Letter of Good Standing not because the application meets with his PERSONAL APPROVAL but rather because it is in CONFORMITY with the provisions of the Constitution.

(b)Should the Honourable Committee disqualify me on account of my nomination packet not having a Letter of Good Standing from my Branch Chairman, irrespective of the fact that same was untowardly, wrongfully, maliciously and unconstitutionally denied by the Chairman despite due, timely application and compliance, it would mean that the Electoral Committee has construed the situation as a STRICT LIABILITY CASE. Such a stance in my humble view cannot in any way, legally and morally, even spiritually be upheld as proper and just. This is because not only is such a stance punishing the innocent for the unfair and oppressive act of another but also APPROVING AND LEGALIZING SAME. In the event such a stance has conferred tyrannical powers not ascribed to Branch Chairmen by the Constitution and turning them to Frankenstein monsters. This certainly cannot be the intendment of the Constitution.

CONCLUSION AND PRAYER
As I have asserted in my letter of May 29, 2020 to you, Sir, Dele Oloke Esq is well known as a bitter political rival of mine since 2016 in the NBA Ikeja Branch. He was the factional leader of the Branch between 2016 and 2017 when he was thrown up unsuccessfully to replace me as Chairman after the national body of the Association on June 16, 2016 purported to nullify my June 14, 2016 electoral victory as the bonafide Chairman.

I had to go to Court against him and the National body to contain the situation. Kindly find attached a Copy of the Ruling of the Honourable Justice M.A. Lawal of the Lagos High Court granting an order of injunction against the Defendants (Dele Oloke inclusive) in Suit Number LD/1141GCM/2016.

The factional leadership crisis at the Ikeja Bar ended in May 2017 when he declined at the last minute to participate in a fresh election ordered between the two of us for the disputed position of Chairman.

The bitter rivalry resurfaced at the last month of my tenure when I disagreed with the desire of Oloke and his group to hand over the office of Chairman to him automatically without an election. I insisted on the election as the only acceptable means to attaining position in the Branch, much to the discomfiture of Oloke and his supporters, who believe he could not win in any election organised by my administration. The election held and ironically, he won.

Dele Oloke saw his emergence as Branch Chairman as a great opportunity to deal with me and anyone associated with me and he applied his energies strenuously to this his GRAND PROJECT. The refusal to issue me a Letter of Good Standing is just the latest of his reprisal schemes and attacks against my interest.

I conclude with a sober and passionate prayer to your Committee to take a deep and insightful assessment of the claims and merits of my Appeal and grant same.

Thank you.

Yours faithfully,

OGUNLANA ADESINA ADEMOLA

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  • EMEKA NWADIOKE
  • Jun 17, 2020
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  • Comments Off on ‘WHY I DID NOT APPEAL MY DISQUALIFICATION BY ECNBA,’ – ASPIRANT

‘WHY I DID NOT APPEAL MY DISQUALIFICATION BY ECNBA,’ – ASPIRANT

BY EMEKA NWADIOKE

One of the aspirants for the forthcoming Nigerian Bar Association (NBA) National Elections has told CITY LAWYER that he did not contest his disqualification by the Electoral Committee of the NBA (ECNBA) for “personal reasons.”

According to Mr. Echika Ejido, immediate past Provost of the factional NBA Abuja Branch, though he filed to contest for the post of Assistant Publicity Secretary, he did not appeal the decision of the electoral committee which cut short his political ambition.

The ECNBA had granted “provisional clearance” to 24 aspirants while disqualifying 19 others. The disqualified aspirants had till 4 pm yesterday to appeal the ECNBA decisions.

He is perhaps the second aspirant that has resigned himself to fate, even as Nigerian Bar Association, NBA Katsina Branch, Mr. Abdulgaffar Alhaji Ahmed may have also decided to tow the same line.

In an interview with CITY LAWYER, Ejido said: “I submitted form for the post of Assistant Publicity Secretary. I was disqualified on the basis that the two years at Branch EXCO is counted in days, and nominations closed on 29th May, 2020 while my two years tenure as Branch EXCO member ended 2 weeks later on June 11. So, I don’t have the required two years branch EXCO qualifying requirement.”

Arguing that his disqualification “is contestable,” Ejido said: “I won’t challenge my disqualification. I have decided not to contest same for personal reasons.”

Quite popular especially in Abuja Bar circles, Ejido sensationally left the Ezenwa Anumnu-led faction of the branch to pitch tent with the rival Abimbola Kayode faction.

Ahmed had also indicated he may have resigned himself to fate, following his disqualification. An aspirant to the post of Second Vice President, Ahmed had while reacting to his disqualification by the ECNBA said: “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.”

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.