APPEALS COMMITTEE

NBA APPEALS C’TE DISQUALIFIES PORT HARCOURT CHAIR ASPIRANT

The Nigerian Bar Association Branch Election Appeals Committee (East) has disqualified NBA Port Harcourt chairmanship aspirant, Mr. Viktor Benebo, paving the way for his erstwhile opponent, Mr. Romeo Isokariari to emerge unopposed as the branch chairman.

In a decision obtained by CITY LAWYER, the 9-member Nnenna Uko-led Appeals Committee upheld the contention of Isokariari that Benebo and his supporters carried out a campaign of calumny against him, saying: “It is the decision of this Appeals committee that the respondent Victor Benebo is hereby disqualified from contesting for the post of Chairman Port-Harcourt branch.

“The branch Electoral committee is hereby directed to remove the name of Victor Benebo on the list of those qualified to contest as chairman.”

The committee held that “The unpalatable bullying through a campaign of calumny was linked to the respondent and his supporters and so it would be a disservice to the association to allow such odious precedent to show up in our Association without calling it out fully.”

According to the Appeals Committee, “The Appeals Committee frowns at the campaign of calumny carried out against the petitioner. This attitude does not represent the noble ideals of the Nigerian Bar Association. Every member or aspirant to serve in an elective position has the right to be heard or considered without damaging their reputation or robbing them of their self-respect.”

It also threw out the decision of the Branch Electoral Committee which held that Isokariari’s petition was time barred.

Below is the full text of the decision.

APPEAL_PH branch

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ECNBA UNVEILS CANDIDATES’ MANIFESTOS FOR ELECTION

The Electoral Committee of the Nigerian Bar Association (ECNBA) has unveiled the manifestos of all the candidates for the forthcoming NBA Elections.

While the electoral umpire unveiled the manifestos of candidates for the National offices under the heading, “FULL LIST OF CANDIDATES FOR ELECTION OF NATIONAL OFFICES,” candidates for the position of NBA Representative at the General Council of the Bar were unveiled under the heading, “FULL LIST OF CANDIDATES FOR ELECTION OF NBA REPRESENTATIVES TO THE GENERAL COUNCIL OF THE BAR.”

The unveiling gives the electorate an opportunity to closely study the candidates with a view to choosing their preferred candidates for the election scheduled to hold on July 16, 2022.

CITY LAWYER recalls that several aspirants were disqualified by the electoral committee. All the decisions were upheld by the NBA National Election Appeals Committee tribunal.

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‘WHY WE DISQUALIFIED FELIX ASHIMOLE,’ BY NBA APPEALS COMMITTEE

The strident quest by Nigerian Bar Association (NBA) Publicity Secretary aspirant, Mr. Felix Ashimole (aka Che Oyinatumba) to participate in the forthcoming NBA Elections has finally been laid to rest by the NBA National Appeals Committee, CITY LAWYER can authoritatively report.

In a decision obtained by CITY LAWYER, the Appeals Committee affirmed its positions in similar cases that the inability of the aspirant’s nominator to provide certain document dealt a fatal blow to his aspiration to join the NBA National Executive Council.

This lays to rest the controversy that has trailed Ashimole’s disqualification by the Electoral Committee of the NBA (ECNBA), as he argued that the committee had not determined his appeal, having not communicated its decision to him.

Said the Appeals Committee: “Since there was no evidence before this Committee by the Petitioner of attachment of payment receipt by Mr. Mohammed Iyorember Tsav of the 2021 Branch Dues, to the Appellant’s nomination form, which is a prerequisite for a valid nomination, the decision of the ECNBA to disqualify him was in order and validly made.”

Putting the matter beyond doubt, the Appeals Committee held: “Therefore, this appeal lacks merit and ought to be dismissed and it is accordingly dismissed.”

The decision was signed by Mrs. Olufunmilayo Roberts and Mr. Augustine Ajineh, the committee’s Chairman and Secretary respectively.

The NBA Elections hold on July 16, 2022.

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ECNBA ISSUES FINAL LIST OF CANDIDATES, ASHIMOLE DISQUALIFIED

The Nigerian Bar Association National Election Petitions Committee has now disqualified controversial NBA Publicity Secretary aspirant, Mr. Felix Ashimole aka Che Oyinatumba from participating in the forthcoming NBA Elections, paving the way for Messrs Ogaga Emoghawanre and Habeeb Akorede Lawal to slug it out for the post.

A document obtained by CITY LAWYER shows that the Electoral Committee of the NBA (ECNBA) has also listed the canidates that will do battle at the elections.

The list is below.

ECNBA_FINAL LIST

https://citylawyermag.com/wp-content/uploads/2022/06/ECNBA_FINAL-LIST.pdf 

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  • EMEKA NWADIOKE
  • Jun 04, 2022
  • 1.12k
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  • Comments Off on NBA APPEALS C’TE DISMISSES VP ASPIRANT’S CASE

NBA APPEALS C’TE DISMISSES VP ASPIRANT’S CASE

An appeal by an aspirant for the post of Nigerian Bar Association (NBA) 2nd Vice President has been dismissed by the Nigerian Bar Association Appeals Committee headed by renowned chartered arbitrator, Mrs. Funmi Roberts.

The decision on the appeal filed by Mr. Finian Eze Ndukwu may also be a pointer to how the other appeals by other disqualified aspirants may be resolved by the committee.

In the decision 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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