DISMISSAL

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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  • EDITOR'S CHOICE
  • Jun 04, 2022
  • 0
  • 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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  • EDITOR'S CHOICE
  • Dec 22, 2021
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  • Comments Off on COURT RESERVES JUDGMENT, AS GADZAMA ARGUES NBA’S CASE AGAINST POLICE

COURT RESERVES JUDGMENT, AS GADZAMA ARGUES NBA’S CASE AGAINST POLICE

The Federal High Court sitting in Abuja has reserved judgment in the matter on unlawful dismissal brought against the Attorney General of the Federation, the Nigerian Police Force and the Police Service Commission (PSC) by the Nigerian Bar Association (NBA). After a series of proceedings, the court has slated judgment for February 21, 2022.

It is recalled that one Omotola Olajide was on 26th January, 2021 dismissed from the Nigerian Police Force for being pregnant while unmarried.

The Chairman, Nigerian Bar Association (NBA) Security Agencies Intervention Committee, Chief Joe-Kyari Gadzama SAN had volunteered to represent NBA in the strategic litigation to press for respect for the fundamental rights of the dismissed officer.

Gadzama, who is also the pioneer Chairman of the Nigerian Bar Association Section on Public Interest Litigation Committee, volunteered to take up the matter “to champion the cause of not only Omotola Olajide but all unmarried women in service against the discriminatory practices which infringed on their rights.”

Meanwhile, the law firm of J-K Gadzama LLP has held its End of the Year Party and 7th Christmas Carol to draw the curtains on the year. The event was an opportunity for the staff, family, friends and well-wishers of the firm to express their gratitude to God for a successful year.

Held on Monday, December 20, 2021, the firm’s Founding Partner, Gadzama welcomed guests to the occasion and wished them an amazing time. Also speaking, Mr. Mela Audu Nunghe, SAN noted that “this tradition is very dear to Chief Joe-Kyari Gadzama, SAN as the Learned Silk is always on the look-out for an opportunity to appreciate God and his employees.”

Miss Sarah Atumga and Mr. Lamar Joe-Gadzama, both Associates at the firm, made a recap of the joyous moments and successes the firm recorded during the year, noting that Gadzama “is fixated on capacity building and in line with this, he sponsored all counsel in chambers to the recently concluded Annual General Conference of the Nigerian Bar Association which held in Port Harcourt, Rivers State.”

As a performance-driven firm targeted towards rewarding talent and distinction, the event also witnessed presentation of awards to members of staff who had excelled in different areas throughout the year. The awards cut across various categories including Longest Serving Support Staff, Best Tennis Player (Male and Female Categories), Longest Serving Counsel in Chambers.

The chairman of the occasion, Justice Emmanuel Agim of the Supreme Court of Nigeria, in his brief remarks urged the Bar and Bench to step up to their duty of ensuring the independence of the Judiciary. Fade Sax serenaded the guests with melodious rendition of Christmas hymns. The event came to an end with a vote of thanks by Mr. Madu Joe-Gadzama, a Senior Partner in the firm.

Other guests were Prof. Oluyole Akintayo, National President of Christian Lawyers’ Fellowship of Nigeria (CLASFON); Rev. Caleb S. Dakwak, Resident Pastor of the Church of the Brethren (EYN Church) Utako, Abuja; Justice Anwuli Chikere who was represented by Mrs. Amaruche Onyedum Anya; Prof. Paul Idornigie, SAN; Mr. and Mrs. Karagama; Mr. Keffas Gadzama, members of the Unity Bar and other friends of the firm.

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