APPEALS

‘MAIKYAU, BALA, OTHERS WON’T BE SWORN IN IF…,’ SAYS APPEALS C’TE

The 2022 NBA Election Appeals Committee (NBA-NEAC)  has vowed that no elected candidate from the recent NBA Elections would be sworn in until it has decided any petition against the elected officer.

The NBA-NEAC stated this in its Guidelines for filing petitions on the elections.

According to the Committee, “The decision of the NBA-NEAC shall be rendered, and notified in writing to the Petitioner and the Respondents, before the swearing-in of the elected National Officers or before the
Representatives of the Association in the General Council of the Bar takes office.”

NBA-NEAC however stated that “whenever the circumstances dictate, the Committee may reserve its right to defer giving the full reasons for its decision to a later date.”

The statement reads: “As you already know, the election into the National Executive Committee of the Nigerian Bar Association (NBA) and the General Council of the Bar (GCB), took place on Saturday, the 16th day of July 2022. The result of the election was consequently announced on Sunday, the 17th day of July 2022.

“In line with the provisions of Section 14(1)(L) of the NBA Constitution 2015 (as amended in 2021), the NBA President, Mr. Olumide Akpata had set up the 2022 NBA Election Appeals Committee (NBA-NEAC) with the mandate to amongst other responsibilities, receive and determine complaints and disputes (Petition) from candidates who took part in the elections of National Officers and Representatives of the NBA in the GCB.

“It is expected that a Petitioner shall send his/her Petition with supporting documents to NBA-NEAC by email to electionappeal@nigerianbar.org.ng within Ten (10) days of the announcement of the election results by the ECNBA.”

Click here for the full text of the guidelines.

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TRIBUNAL BARS 4 MORE ASPIRANTS FROM NBA ELECTIONS

The Nigerian Bar Association Election Appeals Tribunal (NBA-NEAC) has dismissed the appeals of four more aspirants in the forthcoming NBA Elections.

The aspirants whose electoral journey have been cut short by the tribunal include Ms. Adaeze Ann Anah, an aspirant for the position of NBA Representative at the General Council of the Bar (GCB) as well as her counterparts, Messrs Jude Okey Ugwanyi, Sunday Abayomi Akanni and Olufemi Adeneye Onakoya.

In upholding the decision of the Electoral Committee of the NBA (ECNBA) which disqualified Anah, the Appeals Tribunal held: “The Petitioner’s Nominator, Mr. Jacob Johnson Usman, SAN and the Seconder Ms Mimi Ayua, are both from the Northern Geographical Zone.”

“By virtue of Part V, Paragraph 2 of the Second Schedule to the NBA Constitution 2015 (as amended), each Zone in the NBA must produce at least Six (6) representatives to the General Council of the Bar. This implies that representation into the General Council of the Bar is on zonal basis, and duly stipulated in the NBA Constitution.”

The tribunal then held that “In the light of the totality of the findings above, we hold that the Petitioner was not validly nominated and seconded, because the Petitioner’s Nominator and her Seconder are not as qualified as her.”

On Akanni, the tribunal stated that “We hold that the ECNBA acted within its powers and the Law, in disqualifying the Appellant in line with our findings above, because the Appellant’s seconder, did not and does not meet the constitutional requirement, having not come from the same geographical zone with the Appellant, which is in breach of Part V, Sections 2 and 5 of the Second Schedule of the NBA Constitution.”

Turning to Ugwanyi, the Appeals Tribunal said: “We hold that the Petitioner having not provided evidence of payment of his Nominator’s branch dues for years 2020 & 2021, did not meet the requirements of a valid nomination to enable him contest the election.

“We also hold that by the provisions of Part V, S. 2 of the Second Schedule to the Constitution, the Petitioner`s Nominator, Alhaji Ahmed Abdullahi being of the Northern Geographical Zone is not qualified to nominate the Petitioner who is from the Eastern Geographical Zone.”

On Onakoya, the tribunal stated that “The reason which the ECNBA premised its decision is well grounded because the Nominator does not meet the constitutional requirement, having not come from the same zone which is in breach of Part V, Sections 2 and 5 of the Second Schedule of the NBA Constitution. We also hold, that the zoning arrangement to aspire or contest to the seat as a representative to the General Council of the Bar, by a candidate, must of necessity, also apply to the Nominator and Seconder.”

CITY LAWYER recalls that the tribunal had earlier upheld the decisions of the ECNBA disqualifying some other aspirants from the election. These include NBA 1st Vice President aspirant, Mr. Muhammad Doko Idris; his 2nd Vice President counterpart, Mr. Finian Ndukwu, and a 3rd Vice President aspirant, Mr. Promise Besinginwayemi Awolowo Ademi-Akpeto.

Others are Mr. Chukwuemeka Mbamala, an aspirant for the post of Treasurer as well as Mr. Felix Ashimole (aka Che Oyinatumba) whose quest for the position of NBA Publicity Secretary was also cut short by the ECNBA hammer.

The NBA election is scheduled to hold via electronic voting on July 16, 2022.

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