ECNBA Archives - Page 2 of 3 - CITY LAWYER MAGAZINE

EDITOR'S CHOICE
Apr 15, 2022
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NBA PRESIDENCY: GADZAMA SUBMITS NOMINATION FORM AMID CHEERS

The Chairman of the Nigerian Bar Association Security Agencies Relations Committee (NBA-SARC), Chief Joe-Kyari Gadzama SAN has submitted his nomination form and accompanying documents for the coveted position of NBA President in the forthcoming NBA National Officers Election.

A statement made available to CITY LAWYER shows that the former Chairman of the NBA Section on Public Interest and Development Law (NBA-SPIDEL) arrived the Electoral Committee of the NBA (ECNBA) Secretariat at about 3:42 pm yesterday to submit the form in compliance with the Electoral Guidelines. The statement noted that many admirers of the leading litigator accompanied and cheered him on during the submission exercise.

According to the statement, “The Learned Silk giving his final remarks further appreciated the presence of teeming supporters and jokingly closed with a teaser, saying that, although the discussion had ended, just like the Honda Car, the discussion would continue. As usual, the jovial Bar Patriot elicited hearty laughs from all who were present amidst cheers of approval and accolades.

“Whilst exiting the premises, the Learned Silk was excused for an exclusive interview wherein he reiterated the importance of a good, all-inclusive and focused visionary leadership of the Bar.” He added that “We must live up to our roles as the watchdog of the society, the eyes of the blind, the eardrums of the deaf and the mouthpiece of the dumb. Our electoral process must set the pace and trend for the political class of our society to emulate… And this is our dream and vision, because life is not how much you acquire or own but how much impact you’re able to make on the lives of others.”

The Director-General of Vox Populi Foundation for Leadership, Chief Prince Chukwudi Oli thanked the supporters “who took out time from their busy schedules to support the vision of the Learned Silk.”

The NBA National Officers Election holds on July 16, 2022.

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EDITOR'S CHOICE
Apr 15, 2022
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NBA PRESIDENCY: GADZAMA, MAIKYAU, TAIDI SET FOR BATTLE, SUBMIT NOMINATION FORMS

Bar Leaders, Chief Joe-Kyari Gadzama SAN, Mr. Yakubu Chonoko Maikyau SAN and Mr. Jonathan Gunu Taidi have thrown their hats into the ring to battle for the presidency of the Nigerian Bar Association (NBA) in the forthcoming National Officers Election, CITY LAWYER can authoritatively report.

This confirms CITY LAWYER report that the three gladiators plan to vie for the position of NBA President. The election is slated for July 16, 2022.

While Gadzama and Maikyau stormed the Electoral Committee of the NBA (ECNBA) office with a retinue of supporters, Taidi told CITY LAWYER that he went “unaccompanied.” His words: “No photos, no video, unaccompanied. For me, conduct throughout the NBA electioneering process should be a template for other professional bodies and the country.”

In an interview after submitting his Nomination Form and accompanying documents, Gadzama said: “We must live up to our roles as the watchdog of the society, the eyes of the blind, the eardrums of the deaf and the mouthpiece of the dumb.”

Accompanied by about 77 supporters, Maikyau said in a video sighted by CITY LAWYER: “You know, Sani is my imam. And so we know without a doubt, because what we brought is coming from those that are blessed and is being received by one who is blessed. There is nothing short of victory to come out of it.”

The ECNBA has set 4 pm today as the deadline for submission of nomination forms.

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EDITOR'S CHOICE
Apr 12, 2022
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NBA ELECTION: GADZAMA PICKS FORM AMID BAR LEADERS, YLF, FIDA OFFICERS

Chief Joe-Kyari Gadzama SAN has laid to rest any speculations on his quest for the presidency of the Nigerian Bar Association (NBA), having picked up yesterday the form to contest the forthcoming election.

Accompanied by Bar Leaders and some officers of the Young Lawyers Forum (YLF) and International Federation of Women Lawyers (FIDA), Gadzama was at the Electoral Committee of the NBA (ECNBA) secretariat at Trade & Convention Centre, Abuja to pick up the Nomination Form for the National Officers Election scheduled for July 16, 2022.

According to a statement made available to CITY LAWYER, “The support groups which accompanied the renowned Bar Patriot, J-K Gadzama, SAN had in representation several colleagues, friends, families and supporters from different NBA branches within and outside the Federal Capital Territory, International Federation of Women Lawyers (FIDA), Young Lawyers Forum as well as members of staff from the firm, J-K Gadzama LLP. The astute and active member of the Bar and his supporters received a warm welcome at the Secretariat after which the form was officially handed to him.

“Joe-Kyari Gadzama, SAN while thanking his colleagues, friends and supporters for coming out in their numbers to jointly support his efforts in advancing the Bar and Legal Profession, promised to continue in earnest service to the course of the Nigerian Bar. The Learned Silk who had ceaselessly been in the news was appointed Chairman, Nigerian Bar Association – Security Agencies Relations Committee (NBA-SARC) by the current President of the NBA, Olumide Akpata. The Committee had been credited by many members of the NBA for the achievements they recorded within a short time from inauguration and their tactfulness and quick-witted response in tackling issues of harassment of legal practitioners by security agencies.”

Some of the supporters who accompanied the leading litigator to the ECNBA office were Mela Audu Nunghe, SAN (former Chairman NBA Abuja Branch (Unity Bar); Mohammed Monguno, Esq. MCIArb. (Former Attorney-General of Borno State); Chukwudi Prince Oli, Esq (Director-General, Vox Populi Foundation for Leadership); Chukwuemeka Clement, Esq. (Immediate Past Chairman, NBA-Bwari Branch); Dr. Kayode Ajulo, Esq.; Nachamandan Shaltha, Esq. (Past Secretary, FIDA Abuja Branch and Publicity Secretary of FIDA); Moses Gana, Esq.; Darlington Onyekwere, Esq.; Madu Joe-Kyari Gadzama, Esq.; Jerry Ombugadu Musa, Esq.; Mark Chidi Agbo, Esq.; David Bege, Esq (Chairman, NBA-YLF Abuja (Unity Bar); Oluwatosin Emmanuel, Esq (Publicity Secretary, NBA-YLF Abuja branch, Unity Bar); Lamar Joe-Kyari Gadzama (Chairman, Young Lawyers’ Group of J-K Gadzama LLP); Olasunkanmi E. Oluwabiyi, Esq.; Hajara Sorondinki, Esq. (Secretary, Women’s Group of J-K Gadzama LLP); Hilary Ojeke, Esq.; Farida Ipimisho, Esq. and Cynthia Igwedibia, Esq.

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EDITOR'S CHOICE
Apr 08, 2022
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ZONING: ECNBA OKAYS MAIKYAU, TAIDI FOR NBA PRESIDENCY

The Electoral Committee of the Nigerian Bar Association (ECNBA) has finally laid to rest the controversy on the zoning of offices for the July 16, 2022 NBA National Elections.

In a document obtained by CITY LAWYER and signed by Mr. Ayodele Akintunde SAN and Ms. Mabel Ekeke, ECNBA Chairman and Secretary respectively, the committee stated that “for purposes of zoning in the forthcoming 16 July 2022 elections, the applicable zoning principles are as contained in the Constitution of the NBA, which remain sacrosanct.”

This has ostensibly settled the vexed issue of “micro-zoning” of offices in the eagerly awaited elections. CITY LAWYER recalls that former Secretary of the NBA Constitution Review Committee, Mr. Olasupo Ojo had asked the committee to interpret especially Section 9(3) of the recently amended NBA Constitution.

However, throwing the gates wide open for all aspirants within each geographical zone to vie for the offices, the ECNBA put the issue beyond debate, thereby clearing the way for NBA Welfare Committee Chairman, Mr. Yakubu Chonoko Maikyau SAN and immediate past NBA General Secretary, Mr. Jonathan Taidi.

Watchers of NBA politics had speculated that if the committee had implemented the “micro-zoning” principle, this would especially have shut out Maikyau, given that former NBA President, Mr. Abubakar Mahmoud SAN is from the same zone. This, they believe, would have handed the initiative to the Chairman of NBA Security Agencies Relations Committee (NBA-SARC), Chief Joe-Kyari Gadzama SAN who is believed to be eyeing the NBA Presidency.

Said ECNBA: “For purposes of determining the eligibility of a candidate to contest for the offices liable to be rotated on the basis of the zoning arrangements specified in the Constitution of the NBA as fully reflected in the ECNBA’s Preliminary Notice of Election and the Guideline for 2022 Elections, regard shall be had to the candidate’s geographical zone of origin with particular reference to a State within the zone under reference.”

The committee noted that its Preliminary Notice of Election dated 17 March 2022 and Guideline for 2022 Elections of National Officers of the NBA and the NBA Representatives to the General Council of the Bar (General Council) dated 24 March 2022 “sets out the zoning arrangement for National Officers and NBA Representatives to the General Council consistent with the provisions of Part IV (1), (2), (3), (4) (5) and Part V (2) of the Constitution.”

It observed that 1.3 Part IV (4) of the Constitution provides that “where a position is zoned to a particular geographical zone, the position shall be rotated and held in turn by the different groups and/or sections in the geographical zone”.

Perhaps hinting that there is a lacuna in the NBA Constitution, the committee stated that all that was defined in the Constitution were the States that are comprised in the various zones and not the “different groups and/or sections in the geographical zone”.

According to the committee, “The Constitution specifies some offices subject to rotation on the basis of the principle of zoning. With reference to the election of national officers, these offices are:

(a) President (b) 1st Vice-President (c) 2nd Vice-President (d) 3rd Vice-President (e) General Secretary

“With reference to the election of NBA representatives to the General Council, the NBA Constitution specifies that each zone shall elect not less than six (6) Representatives to the General Council.

“For clarity, the States in each of the zones as provided for in the NBA Constitution are reproduced below:

i. Northern Zone: Adamawa, Bauchi, Benue, Borno, Gombe, Jigawa, Kaduna, Kano, Katsina, Kebbi, Kogi, Kwara, Nasarawa, Niger, Plateau, Sokoto, Taraba, Yobe, Zamfara and FCT-Abuja.
ii. Eastern Zone: Abia, Akwa Ibom, Anambra, Bayelsa, Cross River, Ebonyi, Enugu, Imo, and Rivers State.
iii. Western Zone: Delta, Edo, Ekiti, Lagos, Ogun, Ondo, Osun, and Oyo.”

CITY LAWYER recalls that Ojo had in the letter addressed to ECNBA Chairman and marked “URGENT” with reference number OO/ECNBA/ABJ/ECNBA/02/22, Ojo said: “In the main, I write to formally seek the attention of the ECNBA, for the proper interpretation of the mandatory provisions of section 9(3) of the NBA Constitution as well as paragraphs 2.2(b) and 2.2(d) of the second schedule in light of the forthcoming 2022 NBA National Officers’ election.”

Continuing, the fiery senior lawyer said: “Pursuant to the dictates of section 9(3) of NBA Constitution and paragraphs 2.2(b) and 2.2(d) of the second schedule, the rotation of the candidacy for the office of the presidency amongst different groups/sections in the geographical zones created by the NBA Constitution has been and is an intrinsic provision of the NBA Constitution; which has since been endorsed by the 2020 Electoral Reform and Audit Committee which recommended inter alia that same;

“…should be strictly adhered to in order to ensure that no group and/or section in a geographical zone is marginalized and the unity of the bar is preserved.”

“This report and recommendation was also given imprimatur by its subsequent adoption by the NBA NEC as contained in the communiqué issued by the President and General Secretary of the Association on March 18, 2021. Kindly find attached the relevant pages of the report, NEC minutes of meeting and communiqué for ease of reference.”

He noted that section 9(3) of the NBA Constitution provides that the country shall be divided into three zones as set out in the Second Schedule for the purposes of election into national offices.

Quoting Paragraph 2.2(b) of the second schedule to the NBA Constitution, Ojo identified the geographical zones as Northern, Eastern and Western Zones, adding that “what constitutes different groups or sections in the NBA Constitution is akin to the geopolitical zones within the geographical zones.”

Ojo noted that Paragraph 2.2(d) of the Second Schedule to the NBA Constitution provides that “Where a position is zoned to any particular geographical zone, the position shall be rotated and held in turn by the different groups and/or sections in the geographical zone.”

According to Ojo, “Having due regard to paragraph 2.2(d) of the second schedule to the NBA Constitution reproduced above, an aspirant to the Office of the Presidency of the NBA has to be from a section/geo-political zone in the geographical zone where the Presidency is zoned, in this case the North for 2022 NBA election, in compliance with the constitutional rotation requirement. This rotation within the geographical zones also applies to the positions of 1st Vice President, 2nd Vice President, 3rd Vice President and General Secretary which have all been zoned to specific geographical zones for the purposes of the 2022 NBA elections as pointed out above. That is to say that within the Western zone, the rotational principle will apply in view of the different sections/groups which are mid-west and south-west while in the Eastern Zone; rotation is to be between the south-south and south-east. In the same vein, the rotation is to be amongst the North-Central, North-West and North-East geopolitical zones within the Northern zone.”

He noted that following the build-up to the 2022 NBA election which has been zoned to the North, “there are several prospective aspirants for the position of the NBA President from the Northern Zone, many of whom have consulted me in respect thereof.

“I seek the clarification and/or confirmation of the ECNBA as to the import of section 9(3) of the NBA Constitution and paragraph 2.2(d) of the second schedule of the NBA Constitution on the 2022 NBA general election in the determination of the issue as to the eligibility status of aspirants emerging from the sub-zones from the North, West and East geopolitical zones respectively with respect to the offices zoned to them.. In my humble view the need for this clarification now is germane to the transparency and fairness of the electoral process and clearly represents the clear and mandatory provision of the just amended NBA Constitution and should ideally therefore be expressly indicated in the guidelines that will be issued and published by the ECNBA in due course.”

Concluding, Ojo wrote: “In the circumstances, I seek the required clarification as it relates to the rotation amongst the various sections/groups within the respective zones that are to produce the next NBA President, General Secretary and Vice Presidents in order to be properly guided as a voter and key stakeholder of the Bar. This is more so as consultations are ongoing and I intend to possibly contest or play key roles in the electioneering process at the appropriate time. I humbly entreat you to treat this matter with utmost fairness, transparency, justice and strict adherence to the rule of law as it is a sensitive issue touching on the future of the Nigerian Bar. I await your prompt response on this matter so that I can be guided accordingly.”

ECNBA_ZONING

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EDITOR'S CHOICE
Apr 04, 2022
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NBA ELECTIONS 2022: THE CONTENDERS, THE PRETENDERS

The Nigerian Bar Association (NBA) will on July 16, 2022 conduct an election to fill vacancies in the National Executive Council (NEC) and the General Council of the Bar (GCB).

A frenzy of activities and jostling has attended the run-up to the eagerly awaited elections. In this piece, and against the backdrop of release of the Election Guidelines by the Electoral Committee of the NBA (ECNBA), CITY LAWYER makes a sneak preview of the gladiators that may mount the soap-box to contest the forthcoming elections.

PRESIDENT
Barring any major shifts, the battle for the NBA Presidency will be a three-legged tussle between Chief Joe-Kyari Gadzama SAN, Mr. Yakubu Chonoko Maikyau SAN and Mr. Jonathan Taidi. While Gadzama is the Chairman of the Nigerian Bar Association Security Agencies Relations Committee (NBA-SARC), Maikyau is the Chairman of the NBA Welfare Committee. On his part, Taidi is the immediate past NBA General Secretary. The three gladiators have invariably hit the ‘campaign trail’ on “consultations,” attending sundry meetings and events hosted by NBA branches and regional blocs and generally fraternizing with potential voters while seeking the buy-in of especially influential Bar Leaders and young lawyers on their vision for the Bar. A major issue that is bound to impact the presidential race is the debate over “micro-zoning” of the presidential slot. While the ECNBA’s decision on the issue is eagerly awaited, there is no gainsaying that it will invariably impact the presidential election.

GENERAL SECRETARY
Aside from the presidential race, the election for the post of General Secretary is poised to be a fierce dog-fight between five gladiators. These are Messrs Adesina Adegbite, Desmond Yamah, Ede Asenoguan, Ewenode William and Collins Ogiegbaen. While Adegbite is the penultimate NBA Welfare Secretary, Yamah is a former NBA Abuja Branch Chairman. Asenoguan held sway in NBA Benin Branch as its one-time Chairman while William is the immediate past NBA Assistant General Secretary and former NBA Effurun Branch Secretary. On his part, Ogiegbaen is the immediate past NBA Benin Branch Chairman. It is speculated that unless the Midwest Bar is able to reach a rapprochement among its four aspirants, it may hand the initiative to Adegbite who may poll a block vote from the South West bloc, thus dealing the Midwest Bar a similar hand it unleashed on the Egbe Amofin bloc during the 2014 and 2020 elections that led to the emergence of former NBA President, Mr. Augustine Alegeh SAN and current president, Mr. Olumide Akpata. CITY LAWYER gathered that as at this weekend, the talks remained deadlocked, moreso given the factionalization of the Midwest Bar into two strident opposing camps.

FIRST VICE PRESIDENT
Zoned to the “Northern Zone,” the race for the pivotal seat of NBA First Vice President is between Linda Rose Bala and Messrs Yakubu Saleh Bawa, Idris Doko Muhammad and Liman Salihu. While Bala is former NBA Legal Adviser, Bawa is current Chairman of NBA Jos Branch. On his part, Salihu is former Chairman of NBA Lokoja Branch while Muhammad is of NBA Lagos Branch. Although Bala is seen as having a better name recall and a veteran of NBA politics of sorts, analysts told CITY LAWYER that the other aspirants are “working very hard” to upstage her and neutralize any advantage her earlier involvement in NBA national politics may have afforded her.

SECOND VICE PRESIDENT
The post of Second Vice President is zoned to the “Eastern Zone.” CITY LAWYER gathered that while the influential Eastern Bar Forum (EBF) may have ‘micro-zoned’ the slot to the Core East, at least four aspirants may jostle for the position. Among the gladiators are the immediate past NBA Bwari Branch Chairman, Mr. Clement Chukwuemeka (aka “Democrats”); his NBA Owerri Branch counterpart, Mr. Damian Nosike; Dr. Gerald Abonyi, pioneer NBA Obollo-Afor Branch Chairman who was disqualified during the last general election, and Mr. Anthony Chukwurah, former NBA Gwagwalada Branch Secretary. Sources however told CITY LAWYER that three more aspirants – a university teacher from Awka Branch, a former branch chairman from Ezeagu Branch and yet another branch chairman from Mbano or Mbaise branch – may yet join the fray. The EBF has set up a Screening Committee to grill the aspirants and make recommendations to it.

THIRD VICE PRESIDENT
Zoned to the “Western Zone” comprising the eight States in the Egbe Amofin O’odua and Midwest Bar forums, the race is a straight fight between former NBA Ota Branch Chairman, Mr. Isaac Omuta Ogbah and Mr. Promise Ademi-Akpeto, his NBA Sapele Branch counterpart. Ademi-Akpeto is the current Treasurer of Midwest Bar Forum and was recently listed as having expressed interest in being appointed a Justice of the Supreme Court of Nigeria. Both former NBA Ikorodu Branch Chairman, Mr. Bayo Akinlade and Siyanbola Ganiyat Adetutu who were rumoured to have interest in the position told CITY LAWYER that there is no truth in the speculation. Adetutu lost the race for the position of First Vice President in the last election.

TREASURER
The position of Treasurer is an all-comers affair, as it is not zoned to any particular bloc. Viewed as an influential position in NBA matters – moreso with the wiping off of the post of Financial Secretary – the race is poised to be between four aspirants, including former NBA Assistant Publicity Secretary, Mr. Chuks Mbamala of NBA Enugu Branch; current NBA Epe Branch Vice Chairman and NBA-SPIDEL Committee Treasurer, Funmi Adeogun; Caroline Ladidi Anze-Bishop, former Vice Chairman and former NEC Representative, NBA Bukuru Branch, and Safiya Balarabe of Lafia Branch.

WELFARE SECRETARY
The position of Welfare Secretary is also not zoned to any bloc. Among those said to be jostling for the post former NBA Assistant Secretary, Chinyere Obasi; NBA Welfare Committee member and co-opted NEC member, Mr. Auta Nyada and current NBA Aba Branch Vice Chairman, Mr. Victor Onweremadu. CITY LAWYER reliably gathered that at least four aspirants may eventually make the ballot.

PUBLICITY SECRETARY
The position of Publicity Secretary is not zoned to any bloc. This is a tripodal race between the immediate past Assistant Publicity Secretary, Mr. Habeeb Akorede Lawal; current NBA Welfare Committee Secretary, Ogaga Emoghwanre, and the latest entrant, Mr. Felix Chukwuma Ashimole (aka Che Oyinatumba), a former NBA Bwari Branch Secretary and former Member of NBA Anti-Corruption Committee.

ASSISTANT GENERAL SECRETARY
The position of Assistant General Secretary is also not zoned to any bloc. This race may present a crowded field of aspirants. They include current NBA Ikorodu Branch Secretary, Mr. Oluwaseun Aka; incumbent NBA Ilorin Branch Secretary, Mr. Dhikrullah Adewale Balogun; Mr. Daniel Kip of Calabar; Mr. Oseme Peremene Anthony, former NBA Idemili Branch Chairman; Mr. Ayo Scott, former NBA Ughelli Branch Chairman, and one A. O. Abba of NBA Minna Branch.

ASSISTANT PUBLICITY SECRETARY
The position of Assistant Publicity Secretary is also not zoned to any bloc. While this may be a straight fight between Mr. Charles Ajiboye who also contested for the position during the last election and Mr. Akachukwu Nwoye, current NBA Gwagwalada Branch Secretary, CITY LAWYER gathered that other aspirants are waiting in the wings to join the race.

CITY LAWYER reliably gathered that two former branch chairmen and a former branch secretary are among those gunning to represent the NBA at the General Council of the Bar.

It remains to be seen how the permutations will play out as the elections draw closer.

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EDITOR'S CHOICE
Mar 24, 2022
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ANXIETY, AS OJO FAULTS ECNBA, DEMANDS ZONING OF PRESIDENCY, OTHERS

WE WILL RESPOND SOONEST – ECNBA CHAIR

Fiery Bar Leader and former Secretary of the NBA Constitution Review Committee, Mr. Olasupo Ojo has faulted the Electoral Committee of the Nigerian Bar Association (ECNBA) over its recently released Preliminary Notice of Election.

The activist also demanded an amendment of the notice to reflect “micro zoning” of offices to geopolitical blocs. If implemented, the ECNBA may zone the contest for NBA Presidency to the North East Zone. This will leave the field wide open for the Chairman of the NBA Security Agencies Relations Committee, Chief Joe-Kyari Gadzama SAN to clinch the coveted seat while shutting out the Chairman of the NBA Welfare Committee, Mr. Yakubu Maikyau SAN and immediate past NBA General Secretary, Mr. Jonathan Taidi who are also believed to be eyeing the position.

In a letter to ECNBA obtained by CITY LAWYER, Ojo asked the ECNBA “to urgently fully give effect to the provisions of the NBA Constitution (including the binding micro zoning provisions) and administer the applicable rules fairly and firmly in line with the Commitment of the Committee as restated in your letter dated 1st February, 2022 to me.”

Meanwhile, the ECNBA Chairman, Mr. Richard Akintunde SAN told CITY LAWYER that the committee is already in receipt of the complaint, adding that it would respond “as soon as possible.”

The letter was titled “RE: ECNBA PRELIMINARY NOTICE OF ELECTION” and dated March 21, 2022. It was copied to NBA President and all national officers, the Chairman and all members of the Body of Benchers as well as the Chairman and all members of the NBA Board of Trustees.

According to Ojo, the Electoral Reform and Audit Committee “had recommended that the micro zoning provision in the NBA Constitution should be strictly adhered to in order to ensure that no group and/or section in a geographical zone is marginalized and the unity of the bar is preserved.”

He stated that “This recommendation was approved, adopted and endorsed by the National Executive Council as reflected in the communiqué issued by the President and General Secretary of the Association on 18th March, 2021.There was no contrary decision and/or resolution reached at the 2021 Annual General Meeting in Port-Harcourt on this adopted recommendation.”

He argued that while the different sections/groups that make up each geographical zone are the geopolitical zones/blocs, “the legitimate expectation from the ECNBA was for the preliminary notice of election to specifically indicate the particular sections/groups in the zones and the component states for each of the zoned positions.”

Ojo stated that he was “taken aback when I read the preliminary notice of election which did not specify the sections/groups and the component states in line with the mandatory micro zoning provision of the NBA Constitution. For the sake of emphasis, I hereby reproduce the provision of paragraph 4 of Part IV of the second schedule to the NBA Constitution thus: “Where a position is zoned to any particular geographical zone, the position shall be rotated and held in turn by the different groups and/or sections in the geographical zone.”

“There is no doubt that the office of the President, Second Vice President and General Secretary are zoned to the Northern, Eastern and Western Zones respectively. All that it left to be done is the reflection of the specific groups and/or sections within each of the Zones that should contest and hold the zoned officers in line with the micro zoning arrangement. This has not been done up till this moment although the guidelines are yet to be released.”

Berating the association for allegedly side-stepping its rules, Ojo said: “The NBA, as a professional body of lawyers, cannot continue to break its own rules and/or disregard the rule of law. You may recall that I had earlier instituted an action in Suit No FHC/CS/545/2016 (Olasupo Ojo v. Registered Trustees of Nigerian Bar Association) before the Federal High Court against the NBA Trustees in 2016 which was decided in my favour. The said Judgment invalidated the 2015 NBA Constitution under which the then NBA national leadership assumed office. Unfortunately, the Judgment of the Court was swept under the carpet and not complied with. It is that same invalidated Constitution that was amended in 2019 and further amended in 2021.”

The Bar Leader noted that he had also “objected to the registration of the NBA Constitution (as amended in 2021) by the Corporate Affairs Commission (CAC) in the manner in which it was presented by NBA on the ground that it was wrongly titled “NBA Constitution 2021” and contained sections 28 and 29 which purported to repeal the extant constitution all contrary to the resolution duly adopted and passed in 2021 at the Annual General Meeting in Port-Harcourt. CAC upheld my objection and following the success, the Constitution was corrected to properly read “The Constitution of the Nigerian Bar Association 2015 (as amended in 2021)” and the amendments were correctly reflected by the NBA as pointed out by me.”

His words: “As lawyers, we must always be seen to uphold the rule of law both in our words and actions. It is based on this same philosophy of upholding the rule of law that I deem it necessary to write to the ECNBA again in respect of the issues raised herein. I am finding it increasingly difficult to understand why an Association like NBA should find it difficult to obey its own rules. It is getting tiresome.”

CITY LAWYER recalls that the ECNBA recently issued the Preliminary Notice of Election and zoned the NBA Presidency and First Vice President to the “Northern Zone” while the Second Vice President went to the “Eastern Zone.” The post of Third Vice President and General Secretary were reserved for the “Western Zone while the other posts were not zoned to any bloc.

OLASUPO OJO_ECNBA++

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EDITOR'S CHOICE
Mar 18, 2022
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NBA ELECTION 2022 TO GULP N35 MILLION

The Nigerian Bar Association National Executive Council (NBA-NEC) has approved about N34.878 million for the conduct of this year’s National Officers Election.

This is a fallout of a painstaking review of the proposed interim budget submitted by the Electoral Committee of the NBA (ECNBA) led by respected senior lawyer, Mr. Richard Akintunde SAN.

The NBA-NEC had deferred the budget review from its quarterly meeting held on February 23, 2022 to yesterday’s Emergency Meeting to enable a thorough review of the proposed budget by members.

CITY LAWYER gathered that a constitutional crisis may have been averted by the passage of the budget, as today was the last day for the electoral umpire to issue the Preliminary Notice of Election in accordance with the amended constitution.

A source who is familiar with the matter told CITY LAWYER that N4 million was shaved off the proposed budget as the electoral committee had secured a temporary office for N1 million at the Abuja Chamber of Commerce and Industry as against the earlier N5 million proposed for that purpose. The source also said that the NBA leadership is rehabilitating its old secretariat where the ECNBA will use as its permanent operational base.

While N4,044,000 was approved as office and administrative expenses, N2,760,000 was approved for ECNBA’s voter education/sensitization outreach. CITY LAWYER gathered that this will be held in clusters in the three zones, with branches invited to the clusters nearest to them for the exercise.

N17,978,000 and $15,000 were approved for the all-important “Technical/ICT” component of the assignment, while N3,871,300 was approved for office equipment such as laptops, photocopying machines, printers and projectors.

CITY LAWYER gathered from an unimpeachable source that the current framework is a departure from the last election when the electoral umpire did not have control of its budget and expenditure.

Asked about the total cost of the previous exercise, a key member of that committee said: “That is something I cannot confirm. The NBA paid directly for everything that was done during the elections. ECNBA members did not sign any cheques but only received individually what they required to carry out their duties and their approved allowances.

“Service providers were all paid by the NBA. As such, it is the NBA that can answer questions as to expenditure for the elections, not the ECNBA. The sums we received individually are on record, so it is only for those we can individually account.”

While a source told CITY LAWYER that NBA will continue to pay vendors as ECNBA does not have legal personality, analysts believe that the arm’s length relationship between the ECNBA and the NBA leadership will foster greater independence for the electoral umpire and promote free and fair election come July 2022.

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EDITOR'S CHOICE
Mar 18, 2022
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ELECTION: ECNBA CLEARS AIR ON ZONING, TAIDI HAILS UMPIRE

The Electoral Committee of the Nigerian Bar Association (ECNBA) has laid to rest the controversy on the zoning arrangement for this year’s National Officers Election.

Meanwhile, former NBA General Secretary, Mr. Jonathan Gunu Taidi who is believed to be eyeing the post of NBA President has hailed the electoral body for striving to abide by the constitutional timelines set for the election.

Taidi told CITY LAWYER that “The ECNBA Chairman informed NBA Emergency NEC (meeting) that today was the final day to issue this notice. It is a welcome development that the ECNBA promised to keep to timeliness which is part of the integrity of the electoral process.”

CITY LAWYER recalls that former Secretary of the NBA Constitution Review Committee, Mr. Olasupo Ojo had petitioned the committee, seeking clarification on the zoning formula to be adopted for the election. Specifically, he sought an interpretation of the import of section 9(3) of the NBA Constitution and paragraphs 2.2(b) & 2.2(d) of the Second Schedule on the election.

The ECNBA had side stepped the enquiry, noting that “The duties of the ECNBA are governed by the statutory instruments of the Nigerian Bar Association (NBA) and does not, regrettably at the moment, extend to providing advisory opinions.”

But the ECNBA has now put the matter to rest, especially as it concerns the NBA presidential election. While some pro Chief Joe-Kyari Gadzama SAN persons had canvassed that the presidential slot should be restricted to candidates from the North East, the ECNBA has declared that all aspirants from the Northern Zone are eligible to gun for the coveted seat. This has given a fillip to the alleged quest by NBA Welfare Committee Chairman, Mr. Yakubu Maikyau SAN and former NBA General Secretary, Mr. Jonathan Taidi to clinch the post.

In a Preliminary Notice of Election dated March 17, 2020 and signed by the committee Chairman, Mr. Richard Akintunde SAN and Secretary, Ms. Mabel Ekeke, the ECNBA listed the “offices for which eligible members or candidates may contest on the basis of rotation among the three (3) geographical zones stipulated in Part IV (1),(2),(3),(4) &(5), Second Schedule of the Constitution of the NBA, 2015 as amended in 2021, (the Constitution), as well as the qualifications for the offices listed at Section 9(3) of the Constitution.”

Stating that the zone to produce the President is the “Northern Zone,” the committee also stated that the aspirant must be “A full member of the Association in private legal practice; with not less than 15 years post-call and not less than 2 years as a member of the National Executive Council (previously known as the National Executive Committee) (“NEC”) at the time of nomination.”

While the post of First Vice President was also zoned to the Northern Zone, the posts of Second Vice President and Third Vice President were zoned to Eastern Zone and Western Zone respectively. The post of General Secretary also went to Western Zone.

However, the posts of Treasurer, Welfare Secretary, Publicity Secretary as well as Assistant General Secretary and Assistant Publicity Secretary were not restricted to any zone.

Meanwhile, election of NBA Representatives to the General Council of the Bar will run alongside the National Officers Election, even as the ECNBA has stated that “Pursuant to Part V (2), Second Schedule of the Constitution, the zoning principle contained in the Constitution shall apply in the election of NBA Representatives to the General Council of the Bar, such that each zone shall produce not less than six (6) Representatives to the Council.”

According to ECNBA, “Nomination Forms for election of National Officers of the NBA and/or election of NBA Representatives to the General Council of the Bar, shall be available for collection at the ECNBA Secretariat, 1st Floor, Abuja Chamber of Commerce and Industry, Abuja Trade & Convention Centre, KM 8 Umaru Musa Yar’adua Express Way, (Airport Road), Abuja. The forms can also be downloaded online from the NBA website: www.nigerianbar.org.ng or the ECNBA website: www.ecnba.ng from 08:00 hours, Monday, 21 March 2022. Submission of completed Nomination Forms and accompanying documents shall CLOSE at 16:00 hours on Friday, 15 April 2022.”

ECNBA Preliminary Notice

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EDITOR'S CHOICE
Mar 11, 2022
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BREAKING: CAC APPROVES NBA AMENDED CONSTITUTION

The Nigerian Bar Association (NBA) amended Constitution has been approved by the Corporate Affairs Commission (CAC), CITY LAWYER can authoritatively report.

CITY LAWYER had yesterday reported serious disquiet within legal circles regarding the delay in registration of the amended constitution with the CAC.

NBA President, Mr. Olumide Akpata had however told CITY LAWYER that there was no cause for concern, assuring that the amended constitution would be approved in a matter of days.

Asked by CITY LAWYER to confirm feelers from unimpeachable sources that the amended constitution has now been approved by the CAC, Akpata said: “Confirmed.”

A copy of the approved constitution sighted by CITY LAWYER showed that it was adjusted to reflect the petition by former Secretary to the NBA Constitution Review Committee, Mr. Olasupo Ojo who urged the CAC to refuse registration of the amended constitution.

The 92-page approved amended constitution is now titled, “The Constitution of the Nigerian Bar Association 2015 (as amended in 2021.”

NBA political watchers believe that the CAC approval now gives the Electoral Committee of the NBA (ECNBA) a clear roadmap to go full blast with its preparations for the forthcoming National Officers Election, thus clearing the haze over the legal regime for the all-important election.

CITY LAWYER recalls that Ojo had petitioned the Corporate Affairs Commission (CAC), urging it to decline registration of the amended NBA 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.”

Ojo could not be reached at press time for comments.

NBA Constitution as Amended

EDITOR'S CHOICE
Mar 10, 2022
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UNCERTAINTY OVER NBA ELECTION, AS AMENDED CONSTITUTION REGISTRATION STALLS

The delay in registration of the amended Nigerian Bar Association (NBA) Constitution is posing a serious threat to the planned National Officers Election slated for July 16, 2022, CITY LAWYER can authoritatively report.

Sources who are familiar with the matter told CITY LAWYER that the uncertainty over the legal regime that will underpin the eagerly awaited Election has thrown the Electoral Committee of the NBA (ECNBA) into confusion.

According to one of the sources, “Without clarity on the constitutional framework applicable, ECNBA cannot move on elections.”

CITY LAWYER recalls that former Secretary to the NBA Constitution Review Committee, Mr. Olasupo Ojo had petitioned the Corporate Affairs Commission (CAC), urging it to decline registration of the amended NBA 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.”

CITY LAWYER gathered that the CAC may have referred the petition to the NBA leadership for its response.

Another ranking source told CITY LAWYER that if the uncertainty is not quickly resolved, several constitutional deadlines may be missed or the ECNBA may be forced to compress timelines, posing challenges.

Painting a grave picture of the magnitude of the crisis, a key stakeholder told CITY LAWYER that the uncertainty over the legal regime has a “chilling” effect on the entire electoral process.

Watchers of NBA politics observe that if the ECNBA has to fall back on the 2015 NBA Constitution, this may pose additional challenges to the electoral process, especially as it relates to payment of branch dues and attendant challenges as to compilation of voters’ register.

Efforts by CITY LAWYER to get an update from the CAC on the registration proved abortive, as the Registrar General, Mr. Garba Abubakar did not respond to our telephone call or to SMS and WhatsApp messages sent to his verified telephone number.

However, NBA President, Mr. Olumide Akpata told CITY LAWYER that there is no cause for concern, saying: “The process should be completed this week or early next week at the latest.”

It is recalled that the NBA National Executive Council (NEC) had approved Saturday, 16th of July, 2022 for the conduct of the election of new National Executive Committee members.

EDITOR'S CHOICE
Feb 12, 2022
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ZONING: OJO REPLIES ECNBA, SAYS ‘I’VE WARNED IN ADVANCE’

Fiery senior lawyer and former Secretary of the Nigerian Bar Association (NBA) Constitution Review Committee, Mr. Olasupo Ojo has reacted to the response of the Electoral Committee of the NBA (ECNBA) to his enquiry on the NBA Constitution, saying that it was designed as an “advance warning signal” to the electoral body.

Speaking with CITY LAWYER in reaction to the ECNBA response, Ojo said that he is “satisfied that I brought the issue raised in my letter to the attention of the ECNBA to alert them and give them advance warning signal and assist the Committee in the discharge of their onerous functions bearing in mind the negative history of NBA elections.”

Continuing, Ojo said he was “satisfied with the assurance given by the ECNBA” as contained in their reply to his letter “especially their comforting undertaking as men and women of integrity” to the effect “that the ECNBA will administer the applicable rules fairly and firmly at all times”.
According to the senior lawyer, “I believe they already have notice of the issues raised in my letter and will avoid the identified pitfall by all means. This is the best assistance all of us stakeholders can render to the ECNBA in all sincerity.

“I appreciate the ECNBA for their prompt reply which further confirms their awareness that stakeholders are watching every step they take as they proceed with the daunting task. I shall keep watching because vigilance is the price of liberty. I wish the ECNBA success.”

CITY LAWYER had in an exclusive report unveiled ECNBA’s response to Ojo enquiry which many observers of NBA politics believe is targeted at the zoning of NBA offices. Some observers believe that a strict interpretation of the NBA Constitution may weed out some leading NBA presidential aspirants, leaving former NBA presidential candidate, Chief Joe-Kyari Gadzama SAN as the sole candidate.

The ECNBA has respected Bar Leader, Mr. Richard Akintunde SAN as Chairman. Other members are Ms. Mabel Ekeke (Secretary); former chairman of the board of National Human Rights Commission (NHRC), Prof. Chidi Odinkalu; former NBA Treasurer, Aisha Ado-Abdulahi and ICT expert, Mr. Basil Udotai.

EDITOR'S CHOICE
Feb 11, 2022
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MAIKYAU/TAIDI: ECNBA REPLIES OJO, VOWS TO ENFORCE NBA CONSTITUTION

The Electoral Committee of the Nigerian Bar Association (ECNBA) has responded to the enquiry by fiery senior lawyer, Mr. Olasupo Ojo seeking clarification on the zoning of NBA offices in the forthcoming National Officers Election.

In a letter obtained by CITY LAWYER and dated 1st February, 2022, the Committee declined the query posed by Ojo, pleading that “The duties of the ECNBA are governed by the statutory instruments of the Nigerian Bar Association (NBA) and does not, regrettably at the moment, extend to providing advisory opinions.”

The Committee in the letter signed by Mr. Richard Akintunde SAN and Ms. Mabel Ekeke, its Chairman and Secretary respectively, however assured Ojo that it would “administer the applicable rules fairly and firmly at all times.”

CITY LAWYER had reported that Ojo sought a clarification from the ECNBA on the import of section 9(3) of the NBA Constitution and paragraphs 2.2(b) & 2.2(d) of the Second Schedule on the 2022 NBA National Officers’ Election.

Watchers of NBA politics believe that an interpretation of the provisions may lead to the disqualification of two leading presidential aspirants for the 2022 NBA poll, namely Messrs Yakubu Maikyau SAN and Jonathan Taidi, leaving the coast clear for another presidential aspirant, Chief Joe-Kyari Gadzama SAN.

Below is the full text of the letter to Ojo.

Electoral Committee of the Nigerian Bar Association ecnba@nigerianbar.org.ng

1st February 2022

Olasupo Ojo, Esq
Lawbold
No. 4 Nurudeen Street
Anifowose, Ikeja
Lagos.

Sent by Email: olasupo.ojo@gmail.com

Dear. Mr. Ojo,

RE: YOUR ENQUIRY AS TO THE IMPORT OF SECTION 9(3) OF THE NBA CONSTITUTION AND PARAGRAPHS 2.2(B) & 2.2(D) OF THE SECOND SCHEDULE ON THE 2022 NBA NATIONAL OFFICERS’ ELECTION

We thank you for your letter, Ref: OO/ECNBA/ABJ/ECNBA/02/22 of the 25th January 2022 in respect of the above.

The Electoral Committee of the Nigerian Bar Association (ECNBA) has carefully reviewed the contents of your letter and note your request. The duties of the ECNBA are governed by the statutory instruments of the Nigerian Bar Association (NBA) and does not, regrettably at the moment, extend to providing advisory opinions.

You can nevertheless be rest assured that the ECNBA will administer the applicable rules fairly and firmly at all times. We thank you once again for your continuing interest in the work of the ECNBA.

All our very best.

Yours sincerely,

Ayodele Akintunde, SAN, C.Arb Mabel Ekeke
Chairman, ECNBA Secretary, ECNBA

EDITOR'S CHOICE
Jan 29, 2022
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NBA ELECTION: MAIKYAU, TAIDI’S FATE HANGS IN BALANCE AS LAWYER ‘PETITIONS’ ECNBA

The reported ambition of two leading contenders for the Nigerian Bar Association (NBA) presidency may be in jeopardy as a senior lawyer has demanded interpretation of the NBA Constitution from the Electoral Committee of the NBA (ECNBA).

According to a letter obtained by CITY LAWYER and dated January 25, 2022, former Secretary of the NBA Constitution Review Committee, Mr. Olasupo Ojo has asked the recently inaugurated committee to interpret especially Section 9(3) of the recently amended NBA Constitution.

Meanwhile, Ojo confirmed to CITY LAWYER that he has delivered the letter to the committee, saying: “Yes. It is already delivered to the Chairman and some members. They acknowledged.” On his part, ECNBA Chairman, Mr. Richard Akintunde SAN also told CITY LAWYER that the committee is in receipt of the letter, adding that it would respond in due course.

In the letter addressed to ECNBA Chairman and marked “URGENT” with reference number OO/ECNBA/ABJ/ECNBA/02/22, Ojo wrote: “In the main, I write to formally seek the attention of the ECNBA, for the proper interpretation of the mandatory provisions of section 9(3) of the NBA Constitution as well as paragraphs 2.2(b) and 2.2(d) of the second schedule in light of the forthcoming 2022 NBA National Officers’ election.”

“…should be strictly adhered to in order to ensure that no group and/or section in a geographical zone is marginalized and the unity of the bar is preserved.”

He noted that section 9(3) of the NBA Constitution provides that the country shall be divided into three zones as set out in the Second Schedule for the purposes of election into national offices.

Watchers of NBA politics believe that the petition may affect the political fortunes of two leading contenders for the NBA Presidency, namely Mr. Yakubu Maikyau SAN and immediate past NBA General Secretary, Mr. Jonathan Taidi, leaving the coast clear for another strong contender, Chief Joe-Kyari Gadzama SAN.

While Maikyau is from Kebbi State in the North West Zone, Taidi is from Niger State in the North Central Zone. Gadzama is from Borno State in the North East. It is believed that while the North Central has produced former NBA presidents, Chief Bayo Ojo SAN and Mr. Joseph Daudu SAN both from Kogi State, the North West has produced former NBA President, Mr. Abubakar Mahmoud SAN from Kano State. On the other hand, the North East is yet to produce an NBA President.

It is unclear at press time whether the two leading aspirants are aware of the letter to ECNBA, as they are yet to react to the development.

OLASUPO OJO_ECNBA

EDITOR'S CHOICE
Jan 24, 2022
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ECNBA: CAN AKINTUNDE FIX NBA’S TROUBLED ELECTIONS?

The appointment of chartered arbitrator and President of Business Recovery and Insolvency Practitioners Association of Nigeria (BRIPAN), Mr. Richard Ayodele Akintunde (SAN) as the Chairman of the Electoral Committee of the Nigerian Bar Association (ECNBA) has elicited excitement in legal circles as to the prospects of the eagerly awaited 2022 NBA National Officers Election.

This comes against the backdrop of serial controversies that have trailed NBA elections especially since 2012. The controversies have imperiled NBA’s larger-than-life standing in the eyes of Nigerians and compromised its advocacy towards free and fair elections in the polity.

Perhaps the lowest point was the inroad of the Economic and Financial Crimes Commission (EFCC) into NBA’s electoral affairs, with its high stakes investigation of the 2018 NBA Election. The Commission determined that there was a prima facie case of misfeasance and filed charges against some defendants.

It is against this backdrop that the appointment of Akintunde as Chairman of the ECNBA is seen as offering a glimmer of hope in fixing the challenges that have ailed NBA elections over the years. This is further boosted by the inclusion of other tested persons in the committee.

Instructively, the senior lawyer was the Chairman of the NBA Electoral Reform and Audit Committee whose core mandate was “To audit the elections of National Officers of the NBA of 2016, 2018 and 2020 and recommend reforms, if any, of the electoral process.” NBA President, Mr. Olumide Akpata had while inaugurating the committee stated that it “is already in the process of recommending reform measures to ensure that complaints about the NBA electoral process are significantly minimised.”

As Akpata inaugurates the committee today, CITY LAWYER profiles Akintunde on whose shoulders the hopes of lawyers for a free, fair, credible and rancour-free 2022 NBA Elections now rests.

PROFILE OF RICHARD AYODELE AKINTUNDE SAN C.ARB., FBR
Richard Ayodele Akintunde, SAN, obtained his LL. B from the University of Ife (now Obafemi Awolowo University) in 1984 and was called to the Nigerian Bar in 1985.

For over 35 years, he has been in active legal practice. During this period, he has amassed a wealth of experience in in Civil Litigation, Commercial Litigation, Criminal Litigation, Insolvency and Arbitration and has represented clients in a wide range of civil and criminal matters at the High Courts, Court of Appeal and the Supreme Court of Nigeria.

Currently, he is a Senior Partner in the law firm of Ayodele Akintunde & Co. a full-service law firm with offices in Lagos and Abuja, Nigeria where he heads the Litigation and Alternative Dispute Resolution Unit.

In 2016, he was elevated to the rank of Senior Advocate of Nigeria. He is also a Chartered Arbitrator, a Fellow of the Chartered Institute of Arbitrators, United Kingdom, a Fellow of the Business Recovery and Insolvency Practitioners Association of Nigeria where he is currently the President, a Fellow of the Institute of Construction Industry Arbitrators and a Council Member of the Nigerian Bar Association – Section on Legal Practice (NBA-SLP) and a member of the Nigeria Bar Association, Lagos Branch.

Mr. Akintunde, SAN has served as the Chairman of the NBA Lagos Branch Election Committee in 2015, 2017 and 2019. In 2019, the Election Committee made history by successfully conducting the first ever NBA Branch elections in Nigeria by electronic voting. The Election was adjudged by all stakeholders to be transparent, free, fair and credible. In 2020, he was also appointed as the Chairman of the Nigerian Bar Association Electoral Reform and Audit Committee to audit the 2016, 2018 and 2020 elections of National Officers of the Nigerian Bar Association and recommend reforms of the electoral process.

EDITOR'S CHOICE
Jan 21, 2022
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NBA ELECTION: AKPATA TO INAUGURATE COMMITTEE ON MONDAY

Barring any last-minute hitch, Nigerian Bar Association (NBA) President, Mr. Olumide Akpata will on Monday inaugurate the newly appointed Electoral Committee of the NBA (ECNBA).

An impeccable source who is familiar with the matter told CITY LAWYER that the inauguration which was originally scheduled to hold at NBA House by 12 noon will now hold same day at 3:30 pm.

The inauguration will set the stage for frenzied politicking towards the eagerly awaited 2022 NBA National Elections. The presidential election will see only candidates from the Northern Zone slugging it out for the coveted seat, going by the zoning arrangement built into the NBA Constitution (as amended).

Akpata had at the last NBA National Executive Committee (NBA-NEC) quarterly meeting in Abeokuta announced the appointment of members of the Electoral Committee to conduct the 2022 National Officers election.

Many political pundits have hailed Akpata on the appointment of Akintunde to spearhead the election, saying it signposts a commitment towards a free and transparent election. Akintunde was a longstanding Chairman of several NBA Lagos Branch electoral committees which conducted rancour-free elections to the admiration of members. A source told CITY LAWYER that he was in the running to conduct the last controversial NBA National Elections but was side-stepped at the last minute.

Other members of the Committee are Mabel Ekeke, Secretary; firebrand human rights activist, Prof. Chidi Odinkalu; former NBA Treasurer, Aisha Ado-Abdulahi and leading ICT expert, Mr. Basil Udotai.

It is recalled that especially since 2012, NBA National Election have limped from one controversy to another, thereby compromising NBA’s standing towards combating electoral misfeasance in Nigeria.

Akpata had in his inaugural address said: “It is for this reason that I immediately constituted an Electoral Audit and Reforms Committee headed by Ayo Akintunde SAN to audit our 2016, 2018 and 2020 elections and to recommend reforms for our electoral systems and processes.

“For me, two things stand out. The first is the need to audit the election that led to our emergence, but which was also characterised by certain glitches that should not be associated with a foremost professional association like ours.”

EDITOR'S CHOICE
Aug 09, 2020
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NBA TRUSTEES TO HEAR ADESINA’S ELECTION PETITION TODAY

EMEKA NWADIOKE

There are strong indications that the Nigerian Bar Association (NBA) Board of Trustees (BOT) will today begin hearing in the petition filed by Mr. Dele Adesina SAN against the declaration of Mr. Olumide Akpata as winner of the recent NBA National Officers Elections.

It is expected that the Electoral Committee of the Nigerian Bar Association (ECNBA) will appear before the panel to present its case against Adesina’s petition. A member of the committee told CITY LAWYER at the weekend that the board was scheduled to sit on the petition today, saying: “BOT is meeting on Monday. We are expected to formally adopt our response before them.”

It is recalled that Adesina had petitioned the electoral committee alleging irregularities and demanding a cancellation of the poll. In a letter to ECNBA Chairman dated 30th July, 2020 and personally signed by him, Adesina stated that the voters’ list “contained grave errors of omission and commission,” listing some of the errors as:

Names of purported Lawyers without Branches ascribed to them from Serial Number 25171 to 29635;
Names of Lawyers under the subheading “International Diaspora” from Serial Number 12182 to 12268. A clear violation of the provisions of the Constitution of the NBA;
Inflation of the List of some Branches. For instance, Obollo-Afor Branch on the Final List for Verification had only 39 names on the List from Serial Number 30424 to 30462. Strangely, this increased to 662 on the Verified List;
Deletion of Names of Members removed from the Final List;

Many Members names found their way to Branches other than their own Branch.

He however queried why it was NBA President, Mr. Paul Usoro SAN that responded to his complaint as against the committee. He then petitioned the trustees.

In a petition dated 2^nd August, 2020 and addressed to BOT Chairman, Dr. Olisa Agbakoba SAN, Adesina stated that he “had the privilege of joining others to build the NBA before some of the god-fathers who are plunging the NBA into avoidable crisis today ever became involved in the affairs of the Association.”

Other members of the BOT are former NBA Presidents Joseph Bodunrin Daudu (SAN) and Augustine Alegeh (SAN), a former NBA General Secretary Obafemi Adewale and longstanding Bar Leader, Hajia Fatima Kwaku. Instructively, while Daudu threw his weight behind Adesina in the run-up to the election, Adewale endorsed Dr. Babatunde Ajibade SAN as the best man for the job. On his part, though Alegeh did not openly align with Akpata, he is said to be perhaps his most influential backer, even as he congratulated the NBA President-elect even before he was officially decalred as a winner of the election.

Citing alleged infractions of the NBA Constitution 2015 (as amended), the erstwhile presidential candidate said: “Our I.C.T. Consultants informed us that though the voting site might have appeared credible on the surface as a decoy, it is apparent to state that the data uploaded to the site was programmed and preconfigured to achieve a premeditated result in an obvious case of data diddling.”

According to Adesina, “it is apparent to state that the data uploaded to the site was programmed and preconfigured to achieve a premeditated result in an obvious case of data diddling.”

In the petition titled “Re: The Nigerian Bar Association 2020 National Officers Election: A case of classical electronic fraud, illegal and unconstitutional process: call for cancellation and a new election conducted for the Nigerian Bar Association (nba)” and copied to all the trustees and NBA past presidents, Adesina warned that “The time has come to regain the integrity of the Nigerian Bar Association by putting an end to unconstitutional and fraudulent elections in our Association.”

It is recalled that the Chairman of the Mr. Tawo Eja Tawo SAN had on July 31, 2020 declared Akpata as winner of the NBA presidential election held on July 29 or 30, 2020.

According to the ECNBA Chairman, Akpata polled 9,891 or 54.3 per cent votes to beat his closest rival, Ajibade who garnered 4,328 (23.8 per cent) votes. Adesina polled 3,982 votes (21.9 per cent) to bring up the rear. Adesina had a few hours to the end of the election demanded cancellation of the poll, saying it was fraught with infractions. The election was held via ElectionBuddy, an electronic voting software deployed by Edmonton, Canada based firm.

Though a total of 29,636 lawyers were accredited for the election, only 18,256 or 62 per cent of the voters succeeded in casting their ballots.

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag 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.

EDITOR'S CHOICE
Aug 08, 2020
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SHOCKER! NBA ELECTION PORTAL RESULT TALLIES WRONG

BY EMEKA NWADIOKE

• ALSO, MORE VOTERS ON PORTAL THAN ON VOTERS’ REGISTER

The tally of votes on the election portal deployed for the recently concluded Nigerian Bar Association (NBA) Election is incorrect, CITY LAWYER can authoritatively report.

Also, the Electoral Committee of the NBA (ECNBA) uploaded more voters than the number of voters published by the committee in its final verified voters’ register.

For the presidential race, while the election portal records that 18, 201 votes tallied and 54 abstentions were from “18, 256 ballots,” a tally of the votes and abstentions by CITY LAWYER shows that the correct total is 18,255 ballots. This shows that the total ballots shot up by one ballot.

When CITY LAWYER tallied the ballots for the post of 1st Vice President, the same error margin recurred. While the election portal hosted by ElectionBuddy, a world class election company, tallied the 17, 312 ballots and 943 abstentions at a total 18, 256 ballots, the actual figure is 18, 255 ballots.

For the post of 2nd Vice President, the election portal tallied the 15, 442 votes and 2,813 abstentions again at 18, 256 ballots as against the correct tally of 18, 255 ballots.

The tally for the post of General Secretary is not different. While ElectionBuddy tallied the 17, 941 ballots and 314 abstentions at 18, 256 ballots, the actual figure is again 18, 255 ballots, showing that the tally shot up by one ballot.

The error recurs for all the posts, including the uncontested posts such as Treasurer and Financial Secretary. The posts that suffered the same “mystery one vote” gap include Welfare Secretary, Publicity Secretary, Assistant Secretary and Assistant Publicity Secretary.

Meanwhile, the voters register deployed for the election may have exceeded the register used for the election again by one voter. While the ECNBA had in its “ECNBA STATEMENT N0. 018 ACCREDITED VOTERS LIST” declared the number of verified voters on the register as 29, 635, the records on the election portal show that 29, 636 voters were uploaded on the election platform. The notice on the election portal reads that 18, 256 ballots were “submitted of 29636 eligible voters.”

It is recalled that the electoral committee had while announcing the number of verified voters on the final voters’ register said: “Further to the publication of the full list of legal practitioners qualified to vote, the ECNBA now presents a total of 29,635 verified and duly accredited members who have fulfilled all requirements for voting in the NBA National Officers elections 2020.”

When CITY LAWYER sought an explanation on the wrong ballot tallies from the Electoral Committee of the Nigerian Bar Association (ECNBA), its Secretary Cordelia Eke promised to provide an explanation. However, despite repeated reminders, this was not made available at press time.

Former NBA presidential candidate, Mr. Dele Adesina SAN had petitioned the NBA Board of Trustees over the elections, alleging rigging and other irregularities. In a petition dated 2nd August, 2020 Adesina stated that “Our I.C.T. Consultants informed us that though the voting site might have appeared credible on the surface as a decoy, it is apparent to state that the data uploaded to the site was programmed and preconfigured to achieve a premeditated result in an obvious case of data diddling.”

Continuing, Adesina said: “Right from the outset of the election and up till the end of same, all the candidates virtually maintained the same percentage of votes relative to each other and the total votes cast. This fact alone is indicative of the possibility of a system which was programmed towards a predetermined result. A close examination of the recorded result at different timelines shows percentage movement of the Presidential Candidates as 54%, 23% and 21% with little or no variation. The system was obviously programmed to distribute votes at either +1 or – 1 throughout the 24 hour period. According to the Interim Report of our Technical Team, “statistically, the voting result showed no randomness of any sort, which raises the question of whether there was no tampering of votes.” ”

According to results announced by ECNBA Chairman, Mr. Tawo Eja Tawo SAN, Mr. Olumide Akpata polled 9, 891 or 54.3 per cent votes to beat his closest rival, Dr. Babatunde Ajibade SAN who garnered 4,328 (23.8 per cent) votes. Adesina polled 3, 982 votes (21.9 per cent) to bring up the rear. Adesina had a few hours to the end of the election demanded cancellation of the poll, saying it was fraught with irregularities.

EDITOR'S CHOICE
Aug 01, 2020
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ELECTION CRISIS: USORO VOWS TO UNITE AKPATA, ADESINA, OTHERS

BY EMEKA NWADIOKE

Nigerian Bar Association (NBA) President, Mr. Paul Usoro SAN has committed to bridge the schism that has attended the just concluded NBA National Officers Elections.

CITY LAWYER recalls that one of the presidential candidates in the race, Mr. Dele Adesina SAN had in a searing petition to the Electoral Committee (ECNBA) carpeted the poll as a “sham election,” demanding its cancellation. Mr. Olumide Akpata was declared winner of the election, polling 9,891 or 54.3 per cent votes to beat his closest rival, Dr. Babatunde Ajibade SAN who garnered 4,328 (23.8 per cent) votes. Adesina polled 3,982 votes (21.9 per cent) to bring up the rear.

But in a response by Usoro addressed to NBA Past Presidents and Trustees, he stated that the election may have occasioned “wounds and bruises,” and warned against allowing the schism to deepen.

His words: “Now that the Elections are gone and past, I would, with the greatest respect, urge all our members, including the erstwhile contestants – both the winners and the losers – to join hands in healing the wounds and bruises that may have been occasioned by the Elections campaigns and results. It is inevitable that, in contests of this nature, there would be such wounds and bruises; we must however not allow them to fester and become open sores and flashpoints for divisions amongst us.”

Usoro assured that his immediate task is to facilitate the mending of fences between the combatants, saying: “That healing process is the most urgent and pressing assignment that we have, and I intend in the coming days to reach out to all the erstwhile contestants in that regard, notably, the Presidential candidates. I solicit your support and assistance, my dear Presidents and Trustees, in that task. There is much work to be done by all of us in the elevation of our Bar and we need to heal fast and then turn our attention, as a united Bar, to those tasks.”

In a detailed riposte to the allegations raised in Adesina’s petition, the NBA President vowed that neither him nor the ECNBA rigged the poll, saying that not only was the voter turnout unprecedented, the petitioner had adduced no evidence that any alleged infraction adversely impacted the result of the election.

He said it is “strange” that Adesina claimed that there were members “who received the link” but “could not vote,” adding that the “overwhelming evidence” that he received and also read on social media was that the voting process was “seamless” and “very easy for our members. I have so far not received any report from any member claiming that he or she had challenges in voting on the basis of the unique link that were sent to members from and by the Election Platform server. In any case, the ECNBA Statement No. 18 that was referenced in the Committee’s Statement No. 19 afore-referenced provided a helpline for members – 0700 5555 2020 – and I am hoping that those members who may have experienced voting challenges after receiving their unique links had contacted that helpline for assistance.”

Confirming that Adesina discussed his concerns with him before the election, Usoro said: “To reinforce the explanations in the ECNBA Statement No. 19, I further explained to Mr. Adesina that (a) all the names in the Verified Voters’ List were drawn from the Final Voters’ List that was published by the ECNBA on 01 July 2020 and that no new names were added; (b) all the names in the Verified Voters’ List are lawyers and had paid their Bar Practicing Fees and Branch Dues and had therefore met the eligibility qualification to vote in the Elections; and (c) the Elections would be determined, not on the basis of NBA branches but based on universal suffrage of the members which is the voting system enshrined in the Nigerian Bar Association Constitution, 2015 (as amended) and we should therefore not be fixated on the electronic glitches that assigned wrong branches to members. I stand by those explanations that I gave to Mr. Adesina and of course the fuller explanations that are contained in the ECNBA Statement No. 19.” He therefore warned against being “fixated” on the “electronic glitches” that assigned wrong branches to members.

Noting that Adesina has not been “forthcoming” with the details of the Senior Advocate of Nigeria that he mentioned in his petition, Usoro said: “Suffice to state that there were 29,636 verified voters for the 2020 NBA National Officers Election – a number that is far higher than the numbers we had in 2016 and 2018 for the NBA National Officers’ Elections that were held in those years. In my humble opinion, that is an advancement that we should all be proud of and should build on in succeeding Elections.”

The NBA President stated that “the relevant question to ask in regard to the security of the NBA Membership Portal is whether any member’s security was breached or compromised howsoever vis-à-vis the 2020 NBA National Officers’ Election. Prior to the Elections, I had read some non-specific allegations in that regard by a candidate and had requested for specific instance of any such breach to enable investigation by the NBA. Up till date, I have not received any such specific complaint, and none has been made in regard to the 2020 Elections. The NBA however remains open to investigate any such complaint if any is presented by Mr. Adesina or any other person.”

Usoro observed that 18,256 ballots were cast in the Elections consisting of 62% of the verified voters, saying: “That was by far higher than the number of ballots that were cast in the last 2 (two) NBA National Officers’ Elections since universal suffrage was introduced in 2015. Again, that is a feat which, in my very humble opinion, we should all exult and revel in. It reflects an incremental achievement which succeeding Elections can and should build on.”

He said that Adesina fell into error when he mistook the number of undeliverable notices for the number of persons who did not receive notices, saying that the number of notices “represented the aggregate of the undeliverable notices that were sent to each Verified Voter through the two notification channels – sms and e-mails. It also represents the aggregate number of blasts of such notices to each of the affected Verified Voter.” According to Usoro, the number of voters whose notices were previously undeliverable but were eventually able to vote also improved, climbing from 1,886 to 6,500. “That, in my respectful view, was quite commendable and showed an overarching commitment by the ECNBA to deliver on its mandate,” he said.

Alluding to the chequered issue of NBA database, Usoro said that “the inability to deliver those notices was not attributable howsoever to the Election Platform; it had everything to do with the NBA’s poor database (which, in point of fact, has been much improved under the present NBA administration) and the activation of DND in some of our members’ mobile phones.”

Usoro denied signing any Memorandum of Understanding (MOU) with the election portal vendor, adding that Adesina also got his information wrong on that score. His words: “In regard to the allegations relating to the procurement of the Election Platform, these are all incorrect, to the best of my knowledge. No MoU was signed on the Election Day in regard to the Election Platform. It is not quite clear what Mr. Adesina intends by his assertion that “the System . . . was . . . registered the very day the Election was to start”. As far as I know, the Election Platform, ElectionBuddy, belongs to a foreign company who has provided service such as we had for the NBA 2020 Elections in the past 12 years. Mr. Adesina, with the greatest respect, got his facts in regard to the Election Platform completely wrong. In any case, I would have thought that the more material issue should be whether the Election Platform provided satisfactory service to our members for the Elections. The evidence I have answers that question overwhelmingly in the positive. Mr. Adesina’s letter incidentally did not assert to the contrary. Regardless, the NBA remains open to address any specific queries that Mr. Adesina or any other may have in regard to the Election Platform.”

He said that Adesina left the “most critical” issue unaddressed, namely the integrity of the ballot. His words: “Perhaps I should first comment on the refreshing and complete transparency of the ballot. That is one feature that no one could dispute or quibble over. We were all election monitors, right from the first ballot to the last, using our various devices. It was possible for all our members to track the votes as they were cast. Another unique feature of the Elections was the unique link that was sent to each Verified Voter for him or her to access the platform and cast his/her ballot. That link was unique to the receiver and non-transferable; it was also not possible to use a single link and vote more than once.

“The link was delivered to members both by e-mail and sms and this was to ensure that Verified Voters all received the notification. Upon accessing the Election portal, the unique identifier that enabled voting by members was the Supreme Court Number of each Verified Voter. In effect, even if Mr. Paul Usoro, SAN’s unique link for accessing the Election Portal were to fall into the wrong hands, such wrong hands could not have cast the ballot, using that link except he or they also had Mr. Usoro’s SCN. These were all security measures that were put in place by the ECNBA to ensure the integrity of the ballot and I have not received any report from anyone whomsoever suggesting that these security measures were compromised or breached howsoever.”

Usoro said that he “had consistently committed to a free, fair, credible, transparent and unimpeachable ballot for our members in the 2020 National Officers’ Elections, right from my election in 2018,” adding: “I had also expressly informed each of the Presidential Candidates during my interactions with them that I would not rig the Election for any candidate neither would the ECNBA. The ECNBA were sworn to the same ideals as I was and I feel very comfortable holding my hand to my chest and declaring that we – the ECNBA and the NBA National Officers – lived up to those ideals in the conduct of the 2020 NBA National Officers’ Elections. I affirm solemnly and, in all conviction, that it was the transparent ballot which we all witnessed and nothing else that produced the winners of the Elections.”

PUSAN_LETTER_DASAN

EDITOR'S CHOICE
Jul 31, 2020
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AKPATA WINS: AJIBADE, ALEGEH, YLF, EBF, MID-WEST FORUM HAIL HIM

BY EMEKA NWADIOKE

At exactly 12:53 am early today, the Chairman of the Electoral Committee of the Nigerian Bar Association (ECNBA), Mr. Tawo Eja Tawo SAN declared Tier-One solicitor, Mr. Olumide Akpata as winner of the NBA presidential election held last Wednesday and Thursday. Akpata is billed to be sworn in late August as the 30^th NBA President.

The announcement of the official results, monitored by CITY LAWYER, was broadcast live on many social media handles and witnessed by ECNBA members, a broadcast station and some agents of the candidates in the election.

Though a total of 29,636 lawyers were accredited for the election, only 18,256 or 62 per cent of the voters succeeded in casting their ballots.

According to the ECNBA Chairman, Akpata polled 9,891 or 54.3 per cent votes to beat his closest rival, Dr. Babatunde Ajibade SAN who garnered 4,328 (23.8 per cent) votes. Mr. Dele Adesina SAN polled 3,982 votes (21.9 per cent) to bring up the rear. Adesina had a few hours to the end of the election demanded cancellation of the poll, saying it was fraught with irregularities. The election was held via electionbuddy, an electronic voting software deployed by Edmonton, Canada based firm.

Other winners are John Martin who polled 6,010 votes to clinch the post of NBA First Vice President; Adeyemo Kazeem (Second Vice President with 8,794 votes); Joyce Oduah (General Secretary with 8,979 votes); Olukunle Edun (Welfare Secretary with 9001 votes); Rapulu Nduka (Publicity Secretary with 11,964 votes); Uchenna Nwadialo (Assistant Secretary with 7,314 votes) and Naza Afam (Assistant Publicity Secretary with 6,490 votes). Mercy Ijato Agada (Treasurer) and Raphael Anagor (Financial Secretary) polled 16, 487 votes and 15,824 votes as unopposed candidates.

Though Ajibade poked holes in the electoral process, he said in a statement that he had “called Mr. Olumide Akpata and congratulated him on his election as the 30th President of our great association, the Nigerian Bar Association, in the elections held on 29th – 30th July 2020.”

Commending the “level of the debate and the quality of the ideas that were brought forth,” Ajibade however expressed dissatisfaction with the electoral process, saying: “It is unfortunate that the process leading up to and during the election itself have, once again, not been devoid of controversy. It is my fervent hope that we will get over these repeated challenges with conducting objectively free and fair elections into the leadership positions in the association.”

Saying that “we cannot succeed in addressing the challenges confronting our profession unless we unite,” Ajibade added: “I urge the incoming President and his executive to take deliberate and proactive steps to unite the Bar.”

Meanwhile, several Bar Leaders and forums have also congratulated Akpata on his victory.

Influential former NBA President, Mr. Augustine Alegeh SAN, who is believed to be a staunch supporter of Akpata, said: “I most heartily congratulate Olumide Akpata Esq. on his election as the 30th President of the NBA. I also felicitate with the other elected National Officers on their victory at the polls and urge Members of our Association to support the newly elected National Officers as they take steps to deliver on their mandate to lead the Bar for the next 2 years.”

He commended Adesina and Ajibade “for their maturity and candor,” and urged them to “work with the incoming President in his efforts to make Our Association better. This is a time for unity in the best interest of the Association.”

Saying the election would not have been possible due to the coronavirus pandemic save for the introduction of electronic voting, Alegeh stated that “elections are never perfect.” He urged the incoming administration to “improve on the gains recorded in the electronic voting system that guarantees universal suffrage under our Constitution.”

Commending the Usoro Administration “for the successful conduct of the elections and the efforts so far in moving the Bar forward on several fronts,” the erstwhile NBA President whose regime introduced universal suffrage and electronic voting said: “I know that the Incoming-President will be magnanimous in victory and will run an all-inclusive administration geared towards improving the NBA to handle its core mandate of promoting the rule of law, human rights as well as the welfare of its Members.”

The NBA Young Lawyers Forum (NBA-YLF) also congratulated Akpata and other elected National Officers on their victory. In a statement by the Chairman and Secretary of its Governing Council, Tobi Adebowale and Patricia Udeh, it said “The YLF remains unequivocally willing and available to engage with all relevant stakeholders for the benefit of Young Lawyers and all other members of the NBA.”

In a statement by the factional Chairman of Mid-West Bar Forum, Chief Chike Onyemenam SAN, the body congratulated Akpata, Aikpokpo-Martins and Edun on their “resounding and landslide victory,” adding that “by your victory at the polls which was democratic, transparent and clearly demonstrated your acceptance by the entire members of the Nigerian Bar Association devoid of tribal or sectional considerations, you have done the members of the 14 N.B.A. branches of the Mid-West Bar Forum proud and demonstrated to all that in spite of the shortcomings of the political class in our great nation’s efforts at democracy, Nigerian lawyers are still capable of conducting their own affairs in a democratic manner.”

On its part, the Eastern Bar Forum (EBF) in a statement by the Chairman, Mr. S. Long Williams, congratulated Akpata and other elected officers. It noted some lapses that bedeviled the poll, but described the election as “free, fair and credible.”

EDITOR'S CHOICE
Jul 30, 2020
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NBA ELECTION CRISIS: AUDIT TO THE RESCUE?

BY EMEKA NWADIOKE

As the Nigerian Bar Association (NBA) 2020 Election inches to a close, the much anticipated inaugural audit of the election may be the elixir needed to calm frayed nerves and pull the poll away from the usual rancour that has bedeviled previous exercises.

Signs that the election may walk the troubled part of past polls emerged today when one of the presidential candidates, Mr. Dele Adesina SAN wrote to the Electoral Committee of the NBA (ECNBA) demanding cancellation of the election.

In a petition to the electoral committee, Adesina alleged that the election is fraught with irregularities, saying that the voters’ list “contained grave errors of omission and commission.” He listed some of the errors to include:

Names of purported lawyers without branches ascribed to them from Serial Number 25171 to 29635;
Names of Lawyers under the subheading “International Diaspora” from Serial Number 12182 to 12268. A clear violation of the provisions of the Constitution of the NBA;
Inflation of the List of some Branches. For instance, Obollo-Afor Branch on the Final List for Verification had only 39 names on the List from Serial Number 30424 to 30462. Strangely, this increased to 662 on the Verified List;
Deletion of Names of Members removed from the Final List;
Many Members names found their way to Branches other than their own Branch.

Adesina stated that though he took up the matter with NBA President, Mr. Paul Usoro SAN as well as with a member of the Electoral Committee, “Some explanations were made though unsatisfactory by which time voting had actually started.” He stated that the Electoral Committee “admitted this error” in their Statement No. 019 when they stated that “the situation is regretted but arose because members in the course of Verification did not fully update information on their current Branches and/or sex.” He however noted that “nothing was done to rectify the situation.”

The presidential candidate also alleged that the voters’ register was padded with over 180 voters, saying: “The Addition of Votes Recorded plus Notices yet undelivered amounted to 29,820 which is 185 votes over and above the total number of voters on the Voters Register.”

He also alleged that “the System used for this Election was said to have been registered the very day the Election was to start and MoU was signed on that same day. This was done all alone by the President of the NBA.” He added that “There was no opportunity to interrogate the System before the commencement of the Election in order to determine its vulnerability, security and capacity.”

Adesina has practically rejected the outcome of the election, calling it a “sham.” His words: “I call on you Mr. Chairman and Members of the Electoral Committee of the Nigerian Bar Association to cancel this sham Election. It is needless to say that if the process is bad, the product cannot be good.”

A similar statement by the Dele Adesina Support Group is fundamentally on all fours with Adesina’s petition. Its list of alleged infractions includes the following:

Failure to release the final voters list within constitutionally prescribed period.
Over 4000 names were without Branches as required by the NBA Constitution.
86 lawyers were described as belonging to International Diaspora contrary to the provision of the NBA Constitution.
Padding of Voters’ list of some Branches, and reduction in the number of published voters’ list of others. An example is Obollo-Afor Branch which has over 661 names on the voters list when the actual voters list is less than 60.
Several branches had names of hitherto eligible voters removed from the final list.
Several members had their names listed in Branches other than theirs.
Many members have reported that they received notification of confirmation of voting when they neither received voting links nor voted.

At least one candidate for the post of General Secretary also complained bitterly to CITY LAWYER on what is generally perceived as a highly jaundiced voters’ list.

There is no gainsaying that the verified voters’ list as released by the electoral committee was seemingly an anti-climax, as it failed to build on the more robust “final list” released by the ECNBA. Apparently, the “clean up” of the final voters’ list was largely unsuccessful. It also does not seem that the electoral committee’s explanation on the issue fully exonerates it from blame. For example, how does it explain the increase in the number of voters for Obollo Afor by about 600 among sundry gaps.

Also, it is yet to be determined the number of eager and eligible voters who were disenfranchised by non-receipt of voting links either via email or short messaging service. While some of the affected voters contacted CITY LAWYER on the subject, subsequent feedback was not quite satisfactory.

There is no gainsaying that the electoral committee got it right with its appointment of ELECTIONBUDDY, a world class voting management software for the election. The Help Desk was also generally functional.

However, it is instructive that the voters’ list is not only central to any election, but is especially critical for electronic voting given the garbage in-garbage out concept.

It is refreshing that the ECNBA has promised an audit of the election. Hopefully, a comprehensive audit will answer all the posers raised by the stakeholders and pull the association back from another tumultuous era.

EDITOR'S CHOICE
Jul 30, 2020
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ADESINA ASKS ECNBA TO CANCEL ONGOING NBA ELECTION

BY EMEKA NWADIOKE

Nigerian Bar Association (NBA) presidential candidate, Mr. Dele Adesina SAN has asked the Electoral Committee of the NBA (ECNBA) to cancel the ongoing National Officers Election, saying it is fraught with irregularities.

In a letter to ECNBA Chairman, Mr. Tawo Tawo SAN dated 30th July, 2020 and personally signed by him, Adesina stated that the voters’ list “contained grave errors of omission and commission,” listing some of the errors as:

1. Names of purported Lawyers without Branches ascribed to them from Serial Number 25171 to 29635;
2. Names of Lawyers under the subheading “International Diaspora” from Serial Number 12182 to 12268. A clear violation of the provisions of the Constitution of the NBA;

3. Inflation of the List of some Branches. For instance, Obollo-Afor Branch on the Final List for Verification had only 39 names on the List from Serial Number 30424 to 30462. Strangely, this increased to 662 on the Verified List;
4. Deletion of Names of Members removed from the Final List;
5. Many Members names found their way to Branches other than their own Branch.

According to Adesina, “I took this matter up in a telephone discussion with the other two Presidential Candidates, Dr. Babatunde Ajibade SAN and Olumide Akpata Esq. and a preferred suggestion was made that the matter be taken up informally with the Committee Members in the interest of the integrity of the Association. In furtherance of this, I raised the above issues with the President of the NBA and a member of the Electoral Committee. Some explanations were made though unsatisfactory by which time voting had actually started. The Electoral Committee admitted this error in their Statement No. 019 when they said among other things that “the situation is regretted but arose because members in the course of Verification did not fully update information on their current Branches and/ or sex.” Yet, nothing was done to rectify the situation.”

He also alleged that the voters’ register was padded with over 180 voters, saying: “The Addition of Votes Recorded plus Notices yet undelivered amounted to 29,820 which is 185 votes over and above the total number of voters on the Voters Register.”

Delivering his verdict, Adesina said: “I call on you Mr. Chairman and Members of the Electoral Committee of the Nigerian Bar Association to cancel this sham Election. It is needless to say that if the process is bad, the product cannot be good.”

In a similar statement sent to CITY LAWYER and signed by Mr. Adesina Adegbite, National Coordinator of Dele Adesina Support Group, the group listed several infractions which it alleged marred the poll, saying: “From the foregoing, there is no doubt that the ongoing NBA Election lacks all features of credibility and transparency. We are therefore by this notice demanding immediate suspension of the ongoing election process to a later date when a clean list must have been prepared and published. The ongoing process is discredited and does not represent the dignity of our most honourable profession.”

Titled “RE: THE NIGERIAN BAR ASSOCIATION 2020 NATIONAL OFFICERS ELECTION: PETITION AGAINST THE MANAGEMENT OF THE ELECTORAL PROCESS,” the statement also listed some of the alleged infractions to include:

1. Failure to release the final voters list within constitutionally prescribed period.
2. Over 4000 names were without Branches as required by the NBA Constitution.

3. 86 lawyers were described as belonging to International Diaspora contrary to the provision of the NBA Constitution.
4. Padding of Voters’ list of some Branches, and reduction in the number of published voters’ list of others. An example is Obollo-Afor Branch which
has over 661 names on the voters list when the actual voters list is less than 60.
5. Several branches had names of hitherto eligible voters removed from the final list.
6. Several members had their names listed in Branches other than theirs.
7. Many members have reported that they received notification of confirmation of voting when they neither received voting links nor voted.

DASAN PETITION

ADESINA STATEMENT

EDITOR'S CHOICE
Jul 30, 2020
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ECNBA SAYS 13,000 VOTERS HAVE CAST BALLOTS

The Electoral Committee of the Nigerian Bar Association (ECNBA) has stated that over 13,000 lawyers have voted in the ongoing NBA National Officers Election, even as the electoral umpire is worried that many eligible voters may not receive their voting links due to telecommunication challenges.

Below is the full text of the ECNBA statement:

The ECNBA can confirm that over 13,000 individuals have voted in the ongoing NBA National Officers elections so far.

The ECNBA however clarifies that, Notices observed on the live voting platform as undeliverable can be attributable to any of the following 5 reasons:

Voter has an inactive Phone Number
Voter has invalid Phone Number (does not exist or is too short or too long)
Voter has invalid Email Address (Wrongly spelt and does not exist OR their Domain has expired)
Spam Filter on Voter’s email blocking direct delivery of emails. Voter can check Spam folder.
DND is active on Voter’s phone and the message has been blocked by Telecommunication company.

To deactivate DND take the following action:

9mobile (Etisalat) numbers, Text START to 2442.
MTN numbers, Text ALLOW to 2442.
Glo numbers, Text CANCEL to 2442.
Airtel numbers, Text ALLOW to 2442.

Note also that the election server makes 5 attempts to deliver to each phone number/email and all those failed attempts are reflected as undeliverable. A subsequent attempt could still be successful if the challenge is resolved.

The ECNBA can confirm at the last check that at least 1,886 individuals of the Undeliverable Notices displayed on the live monitoring platform have since voted, because they got the message through one of the two channels used – Email or SMS. The committee also confirms that messages have been sent using local networks to up to 8,000 numbers with active DND advising them to deactivate same.

Voters yet to view the election link through their email or SMS, are advised to ensure that DND is deactivated on their phones and check Spam folder in their emails.

The ECNBA continues to monitor and troubleshoot and will provide updates as necessary and required.

The ECNBA election hotline 070055552020 is still available for support to voters.

Dated this 30th day of July, 2020

Cordelia U. Eke(Mrs.)

Secretary, ECNBA

EDITOR'S CHOICE
Jul 29, 2020
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29,635 VOTERS TO ELECT NEXT NBA PRESIDENT

BY EMEKA NWADIOKE

ECNBA PURGES 1604 NAMES FROM VOTERS’ LIST
BARS FURTHER CAMPAIGNS
WARNS AGAINST PARALLEL ‘HELP DESKS’

The Electoral Committee of the Nigerian Bar Association (ECNBA) has finally released the full list of verified voters for the NBA Elections commencing at 11 pm today.

In its Statement No. 018, the Electoral Committee has barred further campaigns as well as Help Desks except the one set up by the committee.

Below is the full text of the statement:

Further to the publication of the full list of legal practitioners qualified to vote, the ECNBA now presents a total of 29,635 verified and duly accredited members who have fulfilled all requirements for voting in the NBA National Officers elections 2020. This figure excludes 1604 names with duplicated phone numbers and/or email addresses.

As the voting commences by 11:00 PM today, 29th July, 2020, we urge all members to conduct themselves in the respectable manner for which the legal profession is known. All Candidates and their supporters are also advised to desist from any form of campaigns forthwith.

The ECNBA reiterates that private helpdesks for the purpose of this election by Candidates, their supporters and NBA Branches are not allowed.

The ECNBA Support helpline for purpose of the election is: 0700 5555 2020. The helpdesk will be open from 10.00PM on the 29th of July 2020.

Voters who desire to observe this election real time from the comfort of their locations can do so using the unique link provided for the voting.

Happy Voting!

Dated this 29th day of July, 2020

TAWO E. TAWO, SAN CORDELIA U. EKE

CHAIRMAN, ECNBA SECRETARY

Click to the link below for the accredited list

https://nigerianbar.org.ng/sites/default/files/inline-files/ACCREDITED%20LIST.pdf

EDITOR'S CHOICE
Jul 27, 2020
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Comments Off on ECNBA MEETS CANDIDATES, KEEPS MUM ON VOTING PORTAL, OTHERS

ECNBA MEETS CANDIDATES, KEEPS MUM ON VOTING PORTAL, OTHERS

BY EMEKA NWADIOKE

* BAYO OJO, PRESIDENTIAL CANDIDATES, OTHERS SPEAK
* OVER 30,000 VOTERS TO ELECT NEXT NBA PRESIDENT
* ECNBA BLASTS AKPATA FOR ‘OPEN LETTER’
* AKPATA REPLIES ECNBA, INSISTS NBA PORTAL IS ‘VULNERABLE’
* ECNBA WARNS CANDIDATES AGAINST ELECTION ‘HELP DESKS’

The Electoral Committee of the Nigerian Bar Association (ECNBA) today held a virtual meeting with candidates in the forthcoming NBA Elections and other stakeholders, assuring that the poll will be free, fair and credible.

Tagged “Online interactive session with all Candidates in the NBA National Officers Election 2020, Bar leaders, and Stakeholders,” the meeting was monitored by CITY LAWYER and attended by the three presidential candidates among others, even as some candidates shunned the parley.

In a 12-minute opening speech, ECNBA Chairman, Mr. Tawo Tawo SAN went down memory lane, recalling how the electoral committee conducted the compilation of voters list and the verification exercise. He stated that the committee chose the election portal in line with operational recommendations of its Information Technology Consultant, adding that the process will ensure that “all but only legitimate votes count” and that it is a “national election we can be proud of.”

Tawo thanked Bar Leaders and NBA staff for their cooperation, even as he singled out NBA President, Mr. Paul Usoro for commendation for giving the committee a free hand to conduct the election.

On the choice of IT Consultant for the election, Tawo stated that at the end of the committee’s screening exercise, “a firm which was adjudged to have the requisite experience and expertise and competent in such matters was engaged to work with ECNBA on this project as our consultants. At the time of the engagement of the consultant, the ECNBA had not taken any decision as to the platform to be used for the election, as mentioned in our statement No. 006.”

Indicting one of the presidential candidates, Mr. Olumide Akpata for what he termed “unauthorized access” to the NBA website, the electoral committee chairman said: “The committee therefore deprecates in strong terms the various attempts by individuals who in an attempt to force the hand of the ECNBA, some of who are members of the profession, to gain unauthorized access to the NBA website and going further to publish a report showing perceived weaknesses of the site to the world. This action is so sad to say, not expected of gentlemen of our noble profession.” He stated that the committee is confident of its IT Consultants and their expert advice on the technical aspects of the election.

In his remarks, former NBA President, Chief Bayo Ojo SAN warned all stakeholders that “we are in this together,” noting that having criticized the government on electoral misfeasance, “now is the time to show how to do it and do it well.” He urged the electoral committee to ensure that the election is “free, fair and credible,” adding that the candidates must exhibit the spirit of sportsmanship, as only one person can win the race.

Following several questions from some candidates, Mr. Alozie Echeonwu was invited by the electoral committee chairman to throw more light on some aspects of the election.

Said Echeonwu: “The chairman did not say that the election will be on the NBA website. The chairman has not disclosed the election protocol. The platform upon which this election will be run is considered a sensitive election item. The protocol will be released to everyone whose name is on the voters’ list and who has properly done his verification. The protocol is a do-it-yourself form of protocol and everybody’s unique credentials will be delivered to him. Each credential is unique to each voter and under no circumstance should these credentials be shared with any other person.

He assured that “the architecture for the election is reliable,” adding that the ECNBA is the “only umpire” for the election and that the consultant “is not conducting the election. We take responsibility for the election.”

He stated that there would be proper voter education directed to eligible voters, emphasizing that the voting platform is “very secure; very secure. You can go to sleep. The architecture is such that you may be given access to monitor the election wherever you are; and after the elections, there will be a post-election audit. A post-election audit will expose everything for anybody who is minded to do further study on it to please go ahead.”

Stating that each voter would be availed proof of his voting, Echeonwu said: “The architecture is automated. Everybody voting can verify; in fact, when you vote, you get a certificate. Each voter will receive a certificate as to the activities he carried on. You can self-audit the process.” He assured that eligible voters will receive their credentials, voter education and details of the protocols “in good time.”

Addressing the thorny issue of voters’ list, Tawo said though the committee had published the “final voters’ list,” the ECNBA had stated that the list “was being cleaned because of the duplications. We expect to publish the clean list after the outstanding verifications, the backlog has been cleared tonight. So, that will be done.”

In his remarks, Akpata noted that he sent in over 12 questions to the electoral committee, adding that “the issue of transparent and credible election lies at the heart of every election, and it must be seen and felt by all participating in the process.”

Responding to the allegation of unauthorized access to the NBA website, Akpata said: “Obviously, that reference was to me. Mr. Chairman, access to the portal is open to all. Maybe that’s the point some of us are making. It is free to all to study. As you know, Mr. Chairman, this is the first meeting we are holding with ECNBA in this entire process – two days to the election. So, we have not had information. The only information we have had is that the portal – in fact, the infographics released (shows) that is where the election will be held. Some of us (are) concerned about that website, that portal and the fact that it appears vulnerable. And we asked experts, please advise.”

He stated that he was aware the website was not developed by the electoral committee, adding that he was “not ascribing blame to anyone. We are saying, ‘Let’s be careful because this portal may be vulnerable.”

Noting that “We are all stakeholders and the cost of silence is too high,” Akpata queried: “Can it (voting portal) withstand multiple concurrences for about 40,000 voters?” He also expressed worry that “there’s little information out there.”

While Echeonwu stated that the NBA website was “for verification,” ECNBA Secretary Cordelia Eke asserted that “I do not believe the ECNBA at any time said election will be conducted on website.” But Akpata insisted that the infographics state otherwise.

Continuing, Echeonwu said: “Let me make it absolutely clear that the protocol for the election has not been released by ECNBA. Someone had alluded that ECNBA released the election protocol. Please consider it an unhealthy and malicious circulation. When ECNBA releases its protocol it will come directly to you and everybody will know.
“We are working with a timeline. We have assured you it is a seamless process. It is a do-it-yourself process. You don’t need to contact any help desk other than the ECNBA Help Desk to help you. You don’t need to set up any Help Desk; you will be crossing the boundaries if you do that. We would consider that crossing the boundary.”

One of the presidential candidates, Mr. Dele Adesina SAN expressed worry that the electoral committee barred campaigns via travels and the electronic media, noting that eligible voters need “information dissemination to make informed decision.”

Responding, a member of the committee, Prof. Augustine Agom stated that the electoral committee’s guidelines were informed by the NBA Constitution. He added: “The election is going to be free; it is going to be fair. It is going to be credible. You can take this to the bank.”

On his part, another presidential candidate, Dr. Babatunde Ajibade SAN commended the committee for “operating under unusual circumstances,” a veiled reference to the coronavirus pandemic. He however sought clarification on when the election protocols would be made available to the candidates as well as the modalities for deploying election agents in the ECNBA Situation Room.

Responding, the ECNBA Chairman promised that “We will communicate (this) to candidates in the shortest possible time.”

Aside from the presidential candidates, others that attended the virtual meeting are Messrs Adebayo Akinlade, Sulayman Adamu, Kazeem Adeyemo and Alex Muoka. Others are Joyce Oduah, Okey Ohagba, Christopher Yakemewerigha, Anne Agi, Uche Nwadialo, Sabastine Anyia, Kunle Edun and Olayinka Sokoya.

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag 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.

EDITOR'S CHOICE
Jul 26, 2020
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NBA ELECTIONS: ECNBA TO MEET CANDIDATES TOMORROW

The Electoral Committee of the NBA (ECNBA) has made good its promise to meet with candidates in the forthcoming NBA Elections. The electoral committee in a statement scheduled the meeting to hold tomorrow at 5 pm.

The sole agenda for the meeting is “Update on the Elections.”

The full text of the statement is below:

Please TAKE NOTICE that the ECNBA would be holding an online interactive session with all Candidates in the NBA National Officers Election 2020, Bar leaders, and Stakeholders.

Details of the meeting are as follows:

Date: Monday, the 27th day of July 2020.

Time: 5.00 PM

Agenda: Update on the Elections

Dial-in details will be sent by email to participants.

Dated this 26th Day of July 2020.

Cordelia U. Eke (Mrs)

Secretary, ECNBA

EDITOR'S CHOICE
Jul 24, 2020
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NBA ELECTION: OGUNLANA VOWS TO FORGE AHEAD WITH MAIN SUIT

BY EMEKA NWADIOKE

Former Chairman of Nigerian Bar Association (NBA), Ikeja Branch, Mr. Adesina Ogunlana has vowed to go ahead with a lawsuit to determine his eligibility for the forthcoming NBA National Election, saying today’s ruling by a Lagos High Court sitting at Ikeja did not tamper with his right to institute the substantive action.

Though Ogunlana’s telephone numbers were switched off when CITY LAWYER attempted to contact him, his close aide and RAMINBA Secretary, Mr. Ayo Ademiluyi, said there is “serious misconception” regarding the court ruling, adding that “our main claim is very much alive.”

He said that the movement will proceed to conclude the Pre Action protocols within the next seven days before filing the substantive suit “to determine whether Mr. Ogunlana was validly excluded from the race and whether any NBA Chairman can on his own issue a Letter of Good Standing or refuse same as he wills.”

It is recalled that the court had dismissed Ogunlana’s application asking it to set aside his disqualification by the Electoral Committee of the NBA (ECNBA) or restrain the defendants from conducting the NBA Elections without his inclusion in the race. The electoral body had disqualified the former branch chieftain on the ground that his nomination forms did not include a “Letter of Good Standing” from his branch chairman.

But the Nigerian Bar Association asked the court to dismiss the suit. Represented by high-profile lawyer, Dr. Paul Ananaba SAN, the NBA brought a Notice of Preliminary Objection pursuant to Order 43 (Rule 1) of the Civil Procedure Rules 2019 of the High Court of Lagos State and under the inherent jurisdiction of the court. The motion was served on the Lead Counsel for Ogunlana, Mr. Dare Akande at exactly 6:12 pm yesterday. The matter is slated for hearing today before Justice Adedayo Oyebanji.

The Respondents are Incorporated Trustees of Nigeria Bar Association; Mr. Paul Usoro SAN (President of the Nigerian Bar Association); Mr. Jonathan Taidi (General Secretary, Nigeria Bar Association); and Professor (sic) Tawo Tawo SAN, Chairman, Electoral Committee of the Nigerian Bar Association. Others are ECNBA Secretary, Cordelia Eke, Esq. and Dele Oloke, Esq (immediate past chairman of Ikeja Branch of Nigerian Bar Association).

Marked as Suit No. ID/4015GCM/2020, Ogunlana is praying for “An interlocutory order of this honourable court directing and compelling the Defendants, to include the name of the Claimant/Applicant in the list of candidates to contest for the Office of the President of the Nigerian Bar Association in the 2020 National Officers’ Elections and allowing same to contest pending the determination of the Motion on Notice in this matter.”

In the alternative, the disqualified NBA presidential aspirant is seeking “AN ORDER of injunction restraining the Defendants from conducting elections into the office of the President of the Nigerian Bar Association, without including the name of the Claimant as a candidate on the 29th and 30th July, 2020 or on any other date pending the determination of the Motion on Notice in the matter.”

Filed on July 9, 2020 Ogunlana revealed in a broadcast on his verified Facebook handle that the matter has been assigned to Justice Adedayo Oyebanji of Ikeja High Court, adding that the court has penciled down the case for hearing “due to its urgent nature.” He reassured his supporters to “keep hope alive,” adding that though the election has been scheduled for 29th and 30th July, 2020, “nothing is sacrosanct.”

Ogunlana listed four grounds to justify his lawsuit, stating that
(i) The 4th and 5th Defendants/respondents’ electoral body, the Electoral Committee of the Nigerian Bar Association (ECNBA) claimed to have disqualified the claimant contesting the election because his Nomination Forms did not include a letter of Good Standing from the 6th defendant, the then Chairman of his branch, the Ikeja Branch of the Nigerian Bar Association as required by the constitution of the Nigerian Bar Association.

(ii) The claimant brought an Appeal based on the objection raised by the 4th and 5th Defendants as stated earlier above in paragraph 1 but his appeal was dismissed based on a completely different issue, and which is applicable to the appeal or case of the claimant.

(iii) The ground of dismissing the Appeal founded in section 8(3)(c) of the NBA Constitution 2015(as amended) vis-a-vis the issue raised and the absence of any evidence to show that the report of the insurance committee if Ikeja Branch of NBA has been set aside “is disjointed from the ground of Appeal itself, which is based on the Appeal against disqualification for absence of letter of Good Standing in the Nomination packet of the Claimant/Applicant.

(iv) The Claimant /Applicant will suffer irreparable loss if this honourable court declines the order sought.”

It is recalled that Ogunlana has had a cat-and-mouse relationship with the electoral body following his initial disqualification from the presidential race. Though he appealed the disqualification, claiming that Oloke lacked the power to withhold his “Letter of Good Standing,” the ECNBA dismissed his appeal as lacking in merit.

EDITOR'S CHOICE
Jul 24, 2020
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FIREWORKS, AS NBA ASKS COURT TO DISMISS OGUNLANA’S SUIT

BY EMEKA NWADIOKE

• WARNS THAT GRANT OF ORDER WILL ‘CAUSE ANARCHY’
• SAYS COURT LACKS JURISDICTION TO HEAR MATTER
• ‘THIS APPLICATION WILL TRUNCATE NBA ELECTION IF…’
• ‘WE HAVE DONE NOTHING WRONG’

The Nigerian Bar Association has asked the Lagos High Court to dismiss the suit brought by controversial former NBA Ikeja Branch Chairman, Mr. Adesina Ogunlana seeking to restore his as a candidate for the forthcoming NBA Elections.

Court papers sighted by CITY LAWYER show that the NBA is being represented by high-profile lawyer, Dr. Paul Ananaba SAN, even as it is in the alternative praying the court to strike out the application.

The Notice of Preliminary Objection is brought pursuant to Order 43 (Rule 1) of the Civil Procedure Rules 2019 of the High Court of Lagos State and under the inherent jurisdiction of the court. The motion was served on the Lead Counsel for Ogunlana, Mr. Dare Akande at exactly 6:12 pm yesterday. The matter is slated for hearing today before Justice Adedayo Oyebanji.

Ogunlana had filed a Motion on Notice dated July 18, 2020 asking the court to set aside his disqualification by the Electoral Committee of the NBA (ECNBA) or restrain the defendants from conducting the NBA Elections without his inclusion in the race. The electoral body had disqualified the former branch chieftain on the ground that his nomination forms did not include a “Letter of Good Standing” from his branch chairman.

But the NBA is through its Trustees praying the court not to grant the order, warning that it would “cause anarchy and division within the Nigerian Bar Association.” Instead, it is praying for “An order dismissing this action for lack of jurisdiction or in the alternative,” “An order striking out this action for lack of jurisdiction.”

Dated 23rd July, 2020 the grounds for the application are that “the applicant has failed to comply with due process of law,” “The Honourable Court lacks jurisdiction to determine this suit,” “This application is aimed at truncating the Nigerian Bar Association Election slated for the 29th and 30th of July, 2020” and “This application amounts to forum shopping which is an abuse of court process.”

The application is supported by a 4-paragraph affidavit deposed by one Gbenga Ayorinde, a litigation officer in the 1st Respondent’s counsel’s chambers.

The deponent averred inter alia “That the Applicant stated clearly in his Affidavit that he did not submit Letter of good standing as provided by the Nigerian Bar Association Electoral Law and Rules,” adding that “The duties of the 1st Respondent is to ensure Electoral laws and Rules are complied with.

He stated that “the first Respondent has done nothing wrong” and “That the Applicant has not instituted any substantive suit in this matter.” The deponent also stated that aside from the application amounting to forum shopping, “granting this (application) will cause anarchy and division within the Nigerian Bar Association.” According to him, “the court does not have jurisdiction to interfere in internal affairs of Nigerian Bar Association.”

It is recalled that Ogunlana had dragged the NBA and its electoral committee to the High Court of Lagos State sitting at Ikeja, praying for several orders.

EDITOR'S CHOICE
Jul 22, 2020
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OGUNLANA SUES, ASKS COURT TO STOP NBA ELECTION IF…

BY EMEKA NWADIOKE

• FATE OF ELECTION HANGS IN BALANCE

• COURT SET TO HEAR SUIT FRIDAY

The fate of the forthcoming Nigerian Bar Association National Officers Elections is now hanging in the balance as a Lagos High Court sitting in Ikeja will on Friday hear a lawsuit brought by controversial former Chairman of the Nigerian Bar Association (NBA), Ikeja Branch, Mr. Adesina Ogunlana against his disqualification from the presidential race.

In court documents seen by CITY LAWYER, Ogunlana is asking the court to set aside his disqualification by the Electoral Committee of the NBA (ECNBA) or restrain the defendants from conducting the NBA Elections without his inclusion in the race. The electoral body had disqualified the former branch chieftain on the ground that his nomination forms did not include a “Letter of Good Standing” from his branch chairman.

(iv) The Claimant /Applicant will suffer irreparable loss if this honourable court declines the order sought.”

EDITOR'S CHOICE
Jul 21, 2020
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VERIFICATION: ECNBA EXTENDS DEADLINE, CITES MASSIVE LAWYERS’ INTEREST

The Electoral Committee of the Nigerian Bar Association (ECNBA) has extended the deadline for lawyers verify their profiles for the forthcoming NBA Elections.

In an ECNBA Statement No. 015 titled “Extension of verification exercise” and signed by the committee Secretary, Mrs. Cordelia Eke, the electoral body stated that the verification exercise will now end barely three days to the election on Sunday, July 26, 2020.

Though the electoral committee had initially extended the deadline to yesterday, it stated that the latest extension was informed by “a huge increase in the number of Lawyers seeking to carry out their verification on the NBA Portal.”

According to the ECNBA, “The deadline for verification of Voters is now extended to 6.00PM on Sunday 26th July 2020. Eligible Voters are advised to take advantage of this further extension to get verified. Previously verified voters are required to log in to their portals and update their information, especially their contact details to ensure they have smooth access to the portal and are able to receive important information pertaining to the Voting exercise.”

Though the NBA Constitution (as amended) mandates the ECNBA to publish the voters’ register and deliver same to branches latest 28 days to the election, the register has been beset by several challenges, even as some names were duplicated. This has necessitated a clean-up of the register alongside the verification exercise.

While the committee had earlier set a deadline to end the verification exercise, this became untenable due to several complaints regarding the cumbersome nature of the process.

Below is the full text of the ECNBA statement.

EXTENSION OF VERIFICATION EXERCISE

The ECNBA has observed that in the wake of the publication of its Statement No.14 extending the date of verification of Voters, there has been a huge increase in the number of Lawyers seeking to carry out their verification on the NBA Portal. The ECNBA has therefore decided to give a further extension of the date for verification of Voters.

The deadline for verification of Voters is now extended to 6.00PM on Sunday 26th July 2020. Eligible Voters are advised to take advantage of this further extension to get verified. Previously verified voters are required to log in to their portals and update their information, especially their contact details to ensure they have smooth access to the portal and are able to receive important information pertaining to the Voting exercise.

The NBA Help desks are still available to provide support for the verification exercise for those who require same.

Thank you all for your continued cooperation.

Dated this 20th day of July 2020.

Cordelia U. Eke (Mrs.)
Secretary, ECNBA

EDITOR'S CHOICE
Jul 21, 2020
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AKPATA CARPETS ECNBA, SAYS ELECTIONS WON’T BE FREE, FAIR

BY EMEKA NWADIOKE

* SAYS NBA PORTAL IS ‘EXTREMELY POROUS,’ BEING MANIPULATED

* ‘YOUR OPACITY IS A SOURCE OF CONCERN’

* WARNS THAT MANY ELIGIBLE VOTERS MAY BE SHUT OUT

A leading presidential candidate in the forthcoming Nigerian Bar Association (NBA) Elections, Mr. Olumide Akpata has raised alarm over what he called “looming disenfranchisement of voters and possible manipulation” of the elections, saying the operations of the Electoral Committee of the NBA (ECNBA) is bedeviled by “general opacity.” In a three-page letter to the electoral committee, the former NBA Section on Business Law (NBA-SBL) Chairman urged the electoral body to urgently address these concerns to reassure stakeholders.

In the three-page letter titled “Urgent need to avert the looming disenfranchisement of voters and possible manipulation of the forthcoming NBA 2020 elections,” Akpata who is a Founding Partner at TEMPLARS, a tier-1 law firm, commended the electoral committee “for its good intent and efforts towards conducting credible 2020 elections into the national offices of the NBA.”

He however said he was constrained “to register respectfully my reservations concerning the persistent issues affecting the voters’ register and verification process.” He identified three major factors that may imperil the elections, including “seriously flawed final voters’ list,” “frustrating and cumbersome verification process,” and “opacity regarding the technology and modalities for the elections.”

In a damning rebuke of the electoral body, Akpata frowned on what he termed the “general opacity regarding the conduct of the forth-coming elections,” adding that while he is keen to see that the elections are free, fair and transparent, “The realities surrounding the electoral process presently, with respect, do not suggest that this would be the case, as I explain below.”

According to him, the final voters register as published by the ECNBA is fraught with “tell-tale duplicity of names,” adding that “whilst the final voters’ list contains both duplicated and apparently non-existent names, I am informed that it omits a significant number of NBA members who paid their BPF and Branch Dues on time.”

On the verification exercise, Akpata stated that it “appears to have the effect of preventing prospective voters from exercising their franchise,” adding that “In many cases, it takes days for verification emails to be sent whilst some members simply do not get verified no matter how many times they try.”

Akpata stated that it is “more distressing” that the NBA portal on which the verification exercise is to be conducted appears not to be secure and can be easily manipulated.” He said that a report from an IT consultancy firm recruited by him to assess the vulnerability of the NBA portal “shows clearly that the portal is extremely porous,” adding that the portal “has serious vulnerabilities which could be exploited by anyone to manipulate the process in favour of or against particular candidates.”

He noted that lack of information on specific modalities for the elections is “quite disturbing,” adding that “the ECNBA needs to address the point publicly now.” Noting that the 2018 election “raised many valid concerns which must be avoided this time around,” Akpata warned that “Anything short of a fully transparent, free, fair, credible and user-friendly electoral process in the forthcoming elections would thoroughly offend the collective sensibilities of the members of the NBA which the ECNBA was constituted to serve.”

He demanded that the electoral body should publish “a complete and accurate list of eligible voters in the forthcoming elections” as well as release the statement of account from Access Bank Plc evidencing NBA members who met the March 31 deadline for payment of Bar Practising Fee.

Akpata also asked the ECNBA to “simplify and secure” the verification process and disclose the technology to be deployed for the elections, the IT vendor and measures put in place to secure the voting portal.

Suggesting that the electoral committee jettison its insistence on a Nigeria registered IT company as vendor for the elections, Akpata stated that most professional associations including NBA Lagos Branch had deployed “technology service providers that specialize in electronic voting.” He urged the ECNBA to “adopt this standard” to ensure free and credible elections.

EDITOR'S CHOICE
Jul 20, 2020
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‘THE PLATFORM’ CANCELS NBA PRESIDENTIAL DEBATE

BY EMEKA NWADIOKE

SAYS ‘WE WILL KEEP YOU INFORMED ON ANY NEW DEVELOPMENTS’

The Platform Nigeria has formally canceled its planned “interactive session” with Nigerian Bar Association (NBA) presidential candidates in line with the disapproval of the programme by the Electoral Committee of the NBA (ECNBA). However, the promotional website for the aborted programme had not been pulled down at press time.

An email to prospective participants which originated from the Convener/Visioner of The Platform Nigeria, Pastor Poju Oyemade, gave no reason for the cancellation. He however assured participants that “We will keep you informed on any new developments.”

Oyemade, the avant-garde Pastor of the mega church, Covenant Christian Centre (CCC), had in an earlier tweet on his verified Twitter handle, invited the public to the now aborted presidential debate, saying: “This Sunday @theplatformnigeria will be holding interactive sessions with the three candidates for the post of the President of the Nigerian Bar Association. #nbadecides2020.” He has not tweeted on the cancellation at press time. The Platform Nigeria is a popular speaking podium which has hosted some of Nigeria’s leading technocrats including the Nigeria’s Vice President, Prof. Yemi Osinbajo (SAN).

The ECNBA had in an email obtained by CITY LAWYER warned the presidential candidates against featuring in the virtual “interactive session,” saying it breached the NBA Constitution and “does not meet with the approval of the ECNBA.”

In response to the ECNBA directive, one of the presidential candidates, Mr. Olu Akpata formally withdrew from the interactive session, citing the email received from the electoral body. In a notice that trended on several social media platforms, he said: “Please note that in compliance with an email notice received from the ECNBA, Olumide Akpata will not be participating in the Platform interactive session billed for the 19th of July 2020 or any other debate or interactive session involving more any other candidate.

“We thank the organisers of the Platform interactive session for the work that they have put into organising the session, and hope that they and members of the public understand with us.”

It was unclear at press time whether the other presidential candidates issued any formal statements withdrawing from the programme, even as CITY LAWYER had reported that one of the candidates may have planned to shun the interactive session.

CITY LAWYER had predicted that the ECNBA would come down heavily on the aborted interactive session when it revealed plans by the electoral body to take decisive steps to stem what it perceived as serial disobedience to its earlier directives on campaigns.

Below is an email cancelling one of the planned sessions, even as similar emails were sent for the other presidential candidates:

Poju Oyemade <no-reply@zoom.us>
9:01 AM (14 hours ago)
to (NAME)

Good morning,

The webinar “Join Deacon Dele Adesina SAN in an interactive session on his vision and plans for the Nigeria Bar Association” on Jul 19, 2020, 03:00 PM has been canceled.

The Platform Nigeria wants to thank you for registering. We will keep you informed on any new developments.

Thank you

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag 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.

EDITOR'S CHOICE
Jul 19, 2020
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EXCLUSIVE: ECNBA BARS PRESIDENTIAL CANDIDATES FROM ‘THE PLATFORM’ DEBATE

BY EMEKA NWADIOKE

The Electoral Committee of the Nigerian Bar Association (ECNBA) has warned presidential candidates against participating in an “interactive session” scheduled for today by a The Platform Nigeria, saying the programme “does not meet with the approval of the ECNBA.”

In an email obtained by CITY LAWYER, the electoral body cited its earlier statement on the matter as well as provisions of the NBA Constitution (as amended), saying: “For the avoidance of doubt and as previously communicated to the Presidential Candidates, the proposed advertised interactive session for NBA Presidential Candidates organized by The Platform Nigeria, scheduled to hold on Sunday 19th July 2020, does not meet with the approval of the ECNBA.”

A source familiar with the operations of the electoral committee told CITY LAWYER yesterday that the committee had decided to deal decisively with the recurring issue of campaign debates, saying: “The committee will take a step to stop the recurrence of these issues. They are already working on something.”

CITY LAWYER had in its report noted the anxiety among Bar Leaders over the proposed interactive session, even as there were feelers that at least one of the presidential candidates had opted to shun the programme.

Below is the full text of the ECNBA email.

Dear Sir/Madam,

It has come to the attention of the ECNBA that Candidates in the NBA National Elections have been engaged in various forms of electioneering campaigns without regard to the provisions of the NBA Constitution 2015 (as amended) and the guidelines set out by the ECNBA.

We would like to draw your attention to the provisions of the NBA Constitution, the ECNBA Election Guidelines and ECNBA Statement No. 014 which clearly prohibit any form of campaign, save for that which is provided for in the Constitution.

For the avoidance of doubt and as previously communicated to the Presidential Candidates, the proposed advertised interactive session for NBA Presidential Candidates organized by The Platform Nigeria, scheduled to hold on Sunday 19th July 2020, does not meet with the approval of the ECNBA.

We count on your usual understanding and cooperation as we strive to carry out a respectable and responsible electoral exercise for our dear profession.

Accept the professional regards of the ECNBA.

Cordelia U. Eke
Secretary

EDITOR'S CHOICE
Jul 18, 2020
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ELECTION DEBATES: ECNBA MAY HAMMER PRESIDENTIAL CANDIDATES

BY EMEKA NWADIOKE
There are strong indications that the Electoral Committee of the Nigerian Bar Association (ECNBA) is viewing with serious concern the campaign practices of candidates for the 2020 NBA Elections.

A source who is familiar with the operations of the electoral committee told CITY LAWYER that the electoral umpire is concerned that most of its warnings on campaigning have been observed in breach.

Making reference to a presidential debate billed for tomorrow and organized by The Platform Nigeria, a popular public speaking programme with Pastor Poju Oyemade of Covenant Christian Centre as Convener/Visionary, the source told CITY LAWYER that the committee has decided to deal decisively with the matter, saying: “The committee will take a step to stop the recurrence of these issues. The committee is already working on something.

“The (ECNBA) Statement was very clear. Debates for purposes of Campaign are not allowed. I believe the candidates know the rules, even if organisers feign ignorance.”

Reminded that tomorrow’s event is billed as an “interactive session” and not a debate, the source queried: “But it is Presidential? For candidates in the election!”

Indications have however emerged that at least one presidential candidate may not participate in the debate. A ranking official in the candidate’s campaign organisation told CITY LAWYER that “this is due to the ECNBA Statement on the subject. The statement is clear enough. While I have not spoken to my candidate on his participation, I think the options are clear – get the ECNBA to rescind its statement or stay away.”

It is recalled that The Platform Nigeria has scheduled for tomorrow a virtual programme tagged “Interactive sessions with the Presidential Candidates of the NBA 2020 Elections on their vision and plans for the Nigerian Bar Association.”

YLF_DEBATE

While the interactive session with Mr. Dele Adesina SAN is scheduled to kick off at 3 pm tomorrow, Mr. Olu Akpata will mount the podium at 5 pm. On his part, Dr. Babatunde Ajibade SAN is billed for the 7 pm slot. Prospective participants are billed to register for the programme.

The electoral committee had in its ECNBA Statement No. 014 warned the candidates against infringing the electoral guidelines, saying: “The Committee frowns at activities that detract from the objectives of an inclusive free, fair, and credible poll for our Association. The Constitution has prescribed the manner of and mode for campaigns for the elections; as such, any electioneering campaign activity outside of this is unacceptable to the Committee. The candidates, their supporters, as well as NBA Branches, are advised to take down all help desks, debate platforms (virtual or physical), and or voting desks set up for the purpose of the elections and which are capable of compromising the integrity of the process. The Committee will not hesitate to sanction any candidate who deliberately flouts the provisions of the Constitution and the ECNBA Guidelines for the elections.”

Though the NBA Young Lawyers Forum (NBA-YLF) had scheduled a Presidential Debate to hold today, the event was abruptly shelved in deference to the ECNBA’s latest position. CITY LAWYER gathered that efforts to make the electoral committee shift its position have so far proved abortive.

A notice by the NBA-YLF Chairman, Mr. Tobi Adebowale announcing suspension of the presidential debate read: “The motivation behind the debate was and remains our belief that Young Lawyers constitute a large proportion of the prospective voters at the NBA Elections and their concerns have invariably dominated the conversations around the elections. As such, the YLF decided upon hosting a live TV debate with feedback via social media to provide an opportunity for a robust conversation with the candidates for the OPNBA.

“As you are aware, the Electoral Committee of the Nigerian Bar Association (“ECNBA”) recently issued a statement to the effect that ‘candidates, their supporters, as well as NBA Branches, are advised to take down all help desks, debate platforms (virtual or physical), and or voting desks set up for the purpose of the elections and which are capable of compromising the integrity of the process.’
“Further to the above, the YLF has come to a decision to put the Debate earlier scheduled for 6:15pm today, July 18, 2020 on hold. We have communicated the above decision to the NBA Presidential Candidates and our partners, Plus TV Africa. We will continue to engage the ECNBA and other stakeholders for the benefit of Young Lawyers and the Bar at large.”

Meanwhile, some Bar Leaders have berated the presidential candidates for allegedly agreeing to participate in tomorrow’s debate. Uploading the programme’s banner on “State of the Bar,” a WhatsApp group populated by Nigeria’s legal elite, a commentator said: “Ok so i just stumbled on this and I’m like what!!!??? Is this appropriate? What really is happening? We go from Channels to TVC to CNN to ITV to AiT and now Platform? How selfless is service in the NBA really?”

This led another prominent lawyer to state: “I am worried too. Can’t the NBA organise a debate for our candidates? Why should it be 3rd parties doing that? It is becoming to look like this is a governorship election rather than an NBA election.”

The NBA Election is scheduled to hold on July 29 and 30, 2020.

EDITOR'S CHOICE
Jul 14, 2020
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Comments Off on ECNBA SET TO ROLL OUT VOTING GUIDELINES, MEET CANDIDATES

ECNBA SET TO ROLL OUT VOTING GUIDELINES, MEET CANDIDATES

BY EMEKA NWADIOKE

• BARS ELECTION DEBATE PLATFORMS
• EXTENDS VERIFICATION DEADLINE
• MAY VARY VOTING FRAMEWORK
• WARNS CANDIDATES AGAINST FLOUTING CAMPAIGN RULES

The Electoral Committee of the Nigerian Bar Association (ECNBA) will soon issue guidelines for voting in the forthcoming NBA National Officers Elections.

In a statement today titled “On the march” and made available to CITY LAWYER, the ECNBA also allayed concerns that it is not carrying along some key stakeholders in the electoral process, saying it would soon meet candidates in the elections.

Apart from extending the deadline for the troubled verification exercise, the electoral committee also warned candidates to “take down all help desks, debate platforms (virtual or physical), and or voting desks set up for the purpose of the elections and which are capable of compromising the integrity of the process,” adding that “The Committee will not hesitate to sanction any candidate who deliberately flouts the provisions of the Constitution and the ECNBA Guidelines for the elections.”

In an indication that it may depart from the previous voting framework adopted in two previous elections, the electoral committee said in the statement signed by the electoral committee Chairman, Mr. Tawo Eja Tawo SAN that the voting guidelines “shall amongst other things provide for a place, time and platform to be utilized for electronic voting for the elections to enable our members to vote without difficulty.”

Paragraph 2.4(c) of the Second Schedule to the NBA Constitution (as amended) provides that “The ECNBA shall issue guidelines for conduct of electronic voting, which shall amongst other things provide for verification of voters, place, time and platform to be utilised for electronic voting for each particular election year taking into consideration the state of available technology and Information Technology infrastructure of the branches in order to afford all registered voters the opportunity to vote.”

The committee also warned candidates against breaching the electoral guidelines, saying: “The candidates, their supporters, as well as NBA Branches, are advised to take down all help desks, debate platforms (virtual or physical), and or voting desks set up for the purpose of the elections and which are capable of compromising the integrity of the process. The Committee will not hesitate to sanction any candidate who deliberately flouts the provisions of the Constitution and the ECNBA Guidelines for the elections.”

Below if the full text of the statement.

ON THE MARCH

1.0 Preamble

As we gradually approach the NBA National Officers elections slated for July 29, 2020, we deem it imperative that we keep our esteemed members informed and clarified on salient issues that may impact on the electoral process.

2.0 Qualification of Aspirants & Publication of Lists of Voters

Following the call for nominations and expression of interests, the ECNBA determined the qualifications of the Candidates and circulated a full list of properly nominated candidates for the 2020 National Officers elections after exhausting all constitutional processes.

3.0 Verification.

The ongoing verification exercise is a very important stage in the election process primarily to ensure smooth access to one’s portal on the NBA website and verify or update one’s details and password (where necessary) before the 2020 elections. While verification has been an ongoing exercise for all members of the Association, it is more critical for eligible voters to ensure a hitch-free log-in for the elections. All voters who have successfully completed the process will be notified of same before the elections. Furthermore, the exercise shall also take care of the observations made on the published eligible voter’s list. We commend all who have duly verified in readiness for the elections and those yet to do so are advised to proceed without delay. Members are also advised to utilize the NBA help desks for the purpose of verification support and refrain from disclosing their log in details and passwords to others in order to avoid the danger of proxy voting.

In response to the commendable upsurge in verification of members, the ECNBA has decided to extend the deadline for verification of Voters to Monday 20th July 2020. The number of verification support lines will also be increased.

4.0 Going Forward.

The Committee frowns at activities that detract from the objectives of an inclusive free, fair, and credible poll for our Association. The Constitution has prescribed the manner of and mode for campaigns for the elections; as such, any electioneering campaign activity outside of this is unacceptable to the Committee. The candidates, their supporters, as well as NBA Branches, are advised to take down all help desks, debate platforms (virtual or physical), and or voting desks set up for the purpose of the elections and which are capable of compromising the integrity of the process. The Committee will not hesitate to sanction any candidate who deliberately flouts the provisions of the Constitution and the ECNBA Guidelines for the elections.

In the coming days, the Committee will put forward the Guidelines for electronic voting which shall amongst other things provide for a place, time and platform to be utilized for electronic voting for the elections to enable our members to vote without difficulty. Further education in the process will also be made available to Voters.

The ECNBA in the coming days will also interact with stakeholders within the limits of the Presidential Task Force Covid-19 Protocols and with due regard for the safety of our members and the need to obey the laws of the land. Participants to the interactive sessions will be communicated in due course.

5.0 Conclusion

The Committee remains committed to inclusive free fair and credible elections and solicits the cooperation of our highly respected members in our march to 29th July, 2020.

Dated this 14th day of July 2020.
Tawo E. Tawo, SAN
Chairman, ECNBA

EDITOR'S CHOICE
Jul 12, 2020
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ELECTORAL C’TE SETTLES FOR NBA WEBSITE AS VOTING PORTAL

BY EMEKA NWADIOKE

The Electoral Committee of the Nigerian Bar Association (ECNBA) may have resolved to deploy the NBA website as the voting portal for the forthcoming National Officers Elections.

An indication to this effect was given today by the NBA Assistant Publicity Secretary, Mr. Akorede Habeeb Lawal while responding to concerns raised by lawyers on a CITY LAWYER whatsapp platform.

This may have laid to rest speculations on whether the newly built NBA Election Portal will be deployed by the Electoral Committee for the elections.

While one Osa Akpata had expressed worry over the challenges being encountered by lawyers in the verification exercise, Lawal said that the verification process was not commenced with the elections in mind. His words: “Although the ECNBA has chosen to conduct the election on the NBA membership portal, the verification exercise was not commenced primarily because of election. And we will not compromise its essence on the altar of politics. Verification takes some time and that time is used to ensure from the backend that the applicant for verification is indeed the owner of the bar certificate he/she uploads. It is far beyond the election – greater than politics.”

Debunking the charge that the verification process is “flawed,” the NBA publicist said: “No one who had been verified would state that the process was flawed. A lot of members got verified and paid their BPF during the lockdown in March. And there was no complaint about the process.

“We also have to acknowledge that not all of us are versatile with the use of technology and as such, while others have a seamless verification exercise, some have troubles with it. It is for this reason that we’ve set up a help desk in this respect. Members with issues may and indeed have been reaching out to me and other national officers. I can be reached through this WhatsApp line.

“While not holding the brief of the ECNBA, the Chairman of the Committee has stated number without times that no eligible voter will be disenfranchised. If you cannot trust them, then, at least you give them the benefit of doubt.”
On the controversy surrounding some strange names found on the final voters register, Lawal said: “We have no non-living things/duplicated names on the verified list. With respect, you are confusing the voters list with a verified list. In fact, there is no such thing as a verified list.”

Akpata had raised concerns on duplicated names on the voters’ register, adding that this may adversely impact the outcome of the election. She said: “The process is fraught with flaws; we have non-living objects on the verified list, we have names duplicated, we are days to the election and we have tons of lawyers who have not been verified due to the onerous and flawed online process.

“I’ve been trying to assist a colleague to verify for over a week with no success, how you can disenfranchise Lawyers who have paid their Practising fees and Branch Dues as required by the NBA out of no failure on their part simply because of the very flawed process. If we do not trust the process, how do we trust the outcome?”

Another lawyer, Favour Hart however agreed with Lawal, saying: “May I humbly align myself with your position. The process for verification on the NBA Portal might take a while but it doesn’t mean you’d not get any response from them. All those I’ve helped with verification have been successful! Agreed, the back and forth might be frustrating but that doesn’t meant (sic) it’s fraught with flaws. We need to leave politics aside when making some comments.”

CITY LAWYER recalls that ECNBA Chairman, Mr. Tawo Tawo SAN had in a statement noted that the NBA had developed an Election Portal, adding however that its deployment would depend on the advice of an information technology expert. His words: “There is no gainsaying that the success of the elections would depend to a large extent on the electronic or IT platform that would be deployed for the election. The need to procure such a platform has been a priority. The Committee was briefed that the NBA has its own e-voting platform/portal for elections developed by TAVIA, an IT firm. TAVIA was invited to brief the Committee in conjunction with the NBA IT Officer Umar Gezawa, on the said NBA election platform/portal.

“Further to the said briefing, the ECNBA decided that in spite of the advantages of such a portal, exploring the use of other viable e-voting platforms if necessary is not foreclosed. As such there was the need to engage an independent IT Consultant that would examine the NBA portal and critique same, its integrity, functionality and suitability or otherwise for the purpose of the elections as well as advise on other options. The Consultant would also be required to identify avenues for possible threats, and advise on how to contain same. Other issues to be addressed include the training of staff and all those associated with handling any part of the e-voting process by the consultant. They would be expected to verify electronically, the votes cast at the end of the exercise. Notwithstanding the above, the platform or portal to deploy for the election by the ECNBA would largely be dependent on the advice and report of the IT Consultant.”

Clarifying some controversy surrounding the NBA Election Portal, Tawo told a national newspaper that the portal was not designed to rig the forthcoming election. His said: “I did not say the e-voting platform/portal was developed specifically for the 2020 elections, and neither did I say anything that should warrant an inference that the NBA developed platform was created for the purpose of rigging the elections, far from it. It may be of interest to point out that, the IT firm, TAVIA, that developed the NBA election portal/platform, is not conducting the e-voting election for the NBA; rather another IT consultant will do that. I went further in that statement to state that, in spite of the obvious advantages of the NBA portal, namely reduction in cost and security of members data vis- a-vis deployment of another election platform or portal, there was the need to engage an independent IT Consultant to analyse, assess and critique the portal as to its integrity, functionality and suitability for the elections, or otherwise advice on other options.”

Arguing that there is wisdom in having a permanent NBA Election Portal, the Electoral Committee chairman said: “Having said that, what is wrong for an organisation that conducts a crucial election biannually to develop an election portal for use for its elections, rather than every two years an IT firm is commissioned or contracted to develop an election portal for the election, and discard same afterwards?”

EDITOR'S CHOICE
Jul 08, 2020
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ECNBA PUBLISHES CANDIDATES’ MANIFESTOS ON NBA WEBSITE

BY EMEKA NWADIOKE

The Electoral Committee of the Nigerian Bar Association (ECNBA) has published the manifestos of candidates for the forthcoming NBA Elections on the association’s website, exactly 21 days prescribed by the NBA Constitution (as amended). The manifestos are hosted here.

Paragraph 2.3(h) of the Second Schedule to the NBA Constitution provides that “The Electoral Committee shall collate all materials, arrange them in alphabetical order without regard for the position being sought and publish them in an electronic Election Magazine to be hosted on the NBA website at least twenty-one (21) days before the election.”

CITY LAWYER recalls that the electoral committee had in its ECNBA STATEMENT NO. 013 directed the candidates “to submit an A4 size copy of his/her curriculum vitae (of not more than 4 pages), a comprehensive manifesto and other campaign materials (all in electronic form) on or before 6:00PM on Monday 6th July 2020, for upload on the NBA website.” It added: “For the avoidance of doubt, campaigns can only be carried out by publication of campaign materials supplied to the ECNBA to be hoisted on the NBA website. Travelling across the country to solicit for votes is prohibited.”

EDITOR'S CHOICE
Jul 07, 2020
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‘POSTPONE NBA ELECTIONS NOW,’ BAR LEADERS, SBL, EX-YLF CHAIR TELL ECNBA

SAY NBA ICT TEAM IS MANIPULATING VERIFICATION PROCESS
ASK ELECTORAL C’TE TO WAIVE VERIFICATION, BRANCH DUES
WORRY ABOUT NON-DISCLOSURE OF VOTING FRAMEWORK

BY EMEKA NWADIOKE

A major twist has emerged in the run-up to the Nigerian Bar Association (NBA) National Officers Elections as some Bar leaders and the NBA Section on Business Law have asked the Electoral Committee of the NBA (ECNBA) to postpone the elections in order to secure its credibility.

In a letter to the ECNBA Chairman, Mr. Tawo Tawo SAN dated 6th July, 2020 and obtained by CITY LAWYER, the Bar Leaders listed several challenges besetting preparations for the elections, warning that unless these issues are tackled, the NBA may witness another controversial election as was the case in 2016 and 2018.
Titled “Urgent concerns regarding the upcoming 2020 NBA Elections,” the letter was personally signed by frontline Bar Leader, Mr. Ade Okeaya-Inneh, SAN; Mr. Ayuli Jemide, Vice-Chairman, NBA Section on Business Law; Professor Chidi Anselm Odinkalu, Co-Convener, Open Bar Initiative, and Ms. Barbara Omosun, Chairman, NBA Young Lawyers Forum (2014-2016).

Noting that the ECNBA has “a sacred duty which may have been marred by faulty starts,” the Bar leaders said: “We think with all sense of responsibility and to the extent that the NBA constitution allows, the ECNBA may consider requesting the NBA for a short postponement of elections to enable it to discharge its duties creditably.”

They urged the electoral committee to “take these issues raised very seriously to avoid a dent on the image of the ECNBA, the NBA, and all Nigerian lawyers,” adding: “We are rested in the fact that you understand that if the NBA which is a known bastion of governance fails to conduct credible elections, it will be a travesty of untold proportions unfolding under your watch.”

ECNBA_LETTER

The petitioners hinged their quest for a postponement on several factors, listing the issues under headings such as ‘Missing Names on Voters List,’ ‘Voters List Verification,’ ‘Voter Eligibility,’ ‘Verification and Transparent Process for Voting.’

Noting that “It is with all sense of responsibility as lawyers and members of the Nigerian Bar Association (NBA) that we have decided to formally record our concerns about the upcoming NBA elections,” the Bar Leaders chronicled the background to their request for a postponement, adding that “The NBA elections in 2018 was fraught with electoral glitches that raised questions for many members of the profession and interested Nigerians as to its credibility, rightly or wrongly.”

Stating that the ECNBA “must consider it a sacred duty to ensure that the 2020 elections redeem the dent on the NBA’s image arising from the questions raised about the conduct of the 2018 elections,” the Bar Leaders said that the call is for the ECNBA to “ensure that the playing field is level and the NBA can on the back of the 2020 elections regain its pride of place as a credible voice for governance and rule of law in Nigeria.”

They warned that disenfranchisement of any voter “due to technical glitches or administrative errors on the part of ECNBA cannot be excused. A technical disenfranchisement is still a disenfranchisement,” noting that “Thousands of members have complained that despite having paid their Bar Practising Fees and Branch Dues and armed with receipts, their names are still not on the voters list.”

According to them, the ECNBA “must create a fast track process that addresses these voters as a matter of urgency,” adding that “If these names are on the list of paid members provided by any of the banks, they should be allowed to vote. Some other lawyers have complained that their names had appeared on the list and disappeared at a later date. If these persons have their receipts of payment of Bar Practising Fees, they should not be disenfranchised.”

Turning to the thorny issue of verification, the Bar Leaders observed that “a list of credible voters needs to be obtained with greater simplicity and that every candidate should exercise their rights to review the voters list and its source well ahead of elections. The most credible way to achieve this in our view is to simply procure a bank certified print out of the names of NBA members who have paid their Bar Practising Fees which the candidates may then verify and compare with voters list already circulated by ECNBA.”

In a damning indictment of the verification process, the Bar Leaders said: “The unfortunate news going around on social media about names like ‘Opening Balance’’ being on the Voters List can only be refuted by a transparent process verified by all the candidates as we now suggest.”

On voter eligibility, the petitioners said: “To avoid disenfranchising many eligible voters and to create further simplicity, we suggest to ECNBA that for the 2020 elections the ECBNA should waive the pre-condition that voters must have paid their NBA branch dues. Our reasons are that that it is public knowledge that COVID19 occasioned lifestyle changes in the month of March in many cities (Lagos was most affected) that deterred many NBA members from paying their branch dues before 31st March 2020. Your Committee may wish to note that the first confirmed case of COVID19 in Nigeria was reported on 27th February 2020, and Punch Newspapers of 9th March 2020 reported that Nigeria had its second case of COVID19 and by 24th of March Nigeria had 44 cases, and the lockdown in Lagos and FCT commenced March 29 – which means the 30th and 31st being working days fell into the lock down period. As the ECNBA would know, the payment of branch dues for most branches entails members commuting to branch offices to present tellers to officers and it is characteristic with members to pay within the month of March particularly the last 2 days of the 30th and 31st of March.”

The Bar Leaders noted that the process for online accreditation “is semi manual, cumbersome, and akin to a technical disenfranchisement of thousands of voters. For example, we do not see why a member who has a Supreme Court Number (SCN) should also be required to upload a Call to Bar Certificate.”

Worried that the verification process is allegedly being programmed to rig the polls, the Bar Leaders said: “More so, it takes an average of three days for one to get the email of temporary log-in password instead of an automated process. This has raised suspicions, and rightly so, that persons behind the scenes use these three days to vet and calculatedly refuse certain voters from certain branches accreditation for the benefit of certain candidates.”

They urged the electoral committee to take a “brave decision in the interest of inclusiveness to drop the verification part of the eligibility process. In our view, anybody who has paid his or her Bar Practising Fees is an eligible voter and should not be put through rigours that are reminiscent of the nightmares millions of Nigerians went through to obtain PVC’s during the 2019 general elections. Technology is so advanced that simple algorithms can void a person whose name is not on the bank certified list who happens to gain unlawful access to the voting platform.”

Speaking on what they termed “Transparent Process for Voting,” the Bar Leaders described as “fearsome” the fact that barely three weeks to the elections “the voters and candidates do not know how the election technology works,” saying: “The ECNBA should know that any credible elections include a public briefing of candidates and the electorate on the process for voting. Questions that are being asked by members include: Is there an automatic process for collation of votes? Is that process transparent? What are the transparency features in the server? Which systems are in place to ensure that this server cannot be hacked? Any election that is not transparent is subject to manipulations and consequently subject to slanders which cannot be rebutted. This is the reason why votes are counted in public at polling booths during the Nigerian general elections. All voters are involved in the counting and go home knowing the results.”

The NBA Elections are scheduled to hold on July 29 and 30, 2020 via electronic voting.

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag 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.

EDITOR'S CHOICE
Jul 06, 2020
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Comments Off on ‘NBA IS CONTROLLING YOU TO RIG ELECTION,’ ONU WARNS ECNBA

‘NBA IS CONTROLLING YOU TO RIG ELECTION,’ ONU WARNS ECNBA

SAYS VERIFICATION MODEL WILL FOSTER FAKE VOTERS
‘SAFEGUARD YOUR GOOD NAME,’ ONU TELLS TAWO TAWO

BY EMEKA NWADIOKE

The Co-Convener of Open Bar Initiative, Mr. Silas Onu has petitioned the Chairman of the Electoral Committee of the Nigerian Bar Association (NBA) over the exclusion of his name and that of his colleague from the voters’ register for the forthcoming NBA Elections, CITY LAWYER can authoritatively report.

In a letter dated 6th July, 2020 and titled “Conplaint (sic) against a foreseeable calculated attempt to disenfranchise me and other junior lawyers in the forthcoming national election of the Nigerian Bar Association,” Onu noted that while he has always discharged his financial responsibility to the NBA and is entitled to all benefits deriving from his membership of the association, “I have to make the point here that there is no benefit whatsoever that I have ever enjoyed as a faithful member of this Bar.”

Noting that “the only privilege that I have received by virtue of my membership is the right to vote and be voted for as enshrined in our constitution,” Onu stated that “this right itself has been stolen from me in the past and another concerted effort is underway to steal it from me again.”

Onu alleged that he was disenfranchised in 2018 by the Prof. Auwalu Yadudu-led electoral committee “in the total control of A. B. Mahmoud SAN,” adding that this was “due to my support for a candidate other than their endorsed candidate, even with evidence of all qualifying payments.”

Alleging that the current NBA President, Mr. Paul Usoro SAN “is the main beneficiary of that illegality,” Onu stated that “I fear that he (Usoro) is also controlling your committee to deliver the same outcome as the one that brought him in.”

Warning that he “will have a reason to seek redress and demand damages” if the right to vote is “taken away from me for the second time in a row,” the Abuja based lawyer also said that such “will determine my further need to pay anything to the Bar as the conduct of those running its affairs is gradually becoming a brazen acts (sic) of fraud with no fear for any consequence.”

Onu, who showered encomiums on the ECNBA Chairman, however warned him to steer clear of acts that may impugn his integrity, saying: “Mr. Chairman Sir, I have known you for many years. You have remained one of the few Senior Advocates who I deeply appreciate and respect because of how you have carried yourself with dignity of your station in life and respect for those who are behind you. You have earned yourself a good name by hard work and persevering in integrity. The task that you are currently chairing is one that can broaden your horizon in the path that you have been or completely deplete the good name that you have done for many years. The latter is easily achievable if you do not insist on managing the entire process that will lead up to the election. If you allow the certain regular partisan individuals occupying offices in the Secretariat to manage the process, then we will end up with a disputed election that can bring the NBA to its knee.”

Onu noted that there is a need to ensure that the electoral process “is more credible than the past and as transparent as the voting itself,” adding that the compilation of the voters register was a “shameful exercise” as it reflected a list “a list put together from names sent from various Branches of the Association.”

He alleged that the register is “replete with duplicate names or bogus names,” querying : “Can you sincerely say that a credible election is about to be conducted when thousands of qualified voters are unable to verify for the election?” He stated that many names on the voters register were without email addresses, adding that those assigned to administer the Help Desk “have become professional liars promising so much and delivering nothing to members with verification challenges.”

Providing their personal details, Onu said: “With the information given herein, there is no reason why we should not be able to do our verification before the last day scheduled for it, except if the bid to deny us this right is actually deeper than we thought.”

Onu warned that “lawyers verification should not have anything to do with this election,” and observed that opening the NBA portal for verification by all comers may be a recipe for a flawed election. His words: “This needs to be addressed urgently as allowing it as it is will open a window to all verified lawyers to gain access into the election portal even without having paid BPF for the year.”

The NBA Election is scheduled to hold on July 29 and 30, 2020.

EDITOR'S CHOICE
Jul 05, 2020
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GENERAL SECRETARY: ODUAH GETS ECNBA’S NOD TO RUN

Former Nigerian Bar Association (NBA) Treasurer, Joyce Oduah has his chances of clinching the post of General Secretary boosted at the weekend with the green light given to her by the Electoral Committee of the NBA (ECNBA). The electoral committee listed the erstwhile NBA Lagos Branch Publicity Secretary as one of the candidates to compete for the influential General Secretary position.

In a statement made available to CITY LAWYER, Oduah expressed delight at her clearance by the electoral committee, adding that “this is another milestone in our mission to transform the NBA National Secretariat and make it more responsive, robust and forward-looking.”

The full text of the statement reads:

My distinguished colleagues and teeming supporters, it is with great delight that I announce to you that the Electoral Committee of the Nigerian Bar Association (ECNBA) has granted me final clearance to contest for the Office of the General Secretary of the NBA in the 2020 NBA National Elections, scheduled to hold from the 29th – 30th of July, 2020. This is contained in the ECNBA Statement 013, which was released and published on the NBA website in the early hours of today, Saturday, 4th July 2020. I thank God Almighty for making this possible and I thank you too, my teeming supporters, for your unwavering support and sacrifices. Indeed, this is another milestone in our mission to transform the NBA National Secretariat and make it more responsive, robust and forward-looking.

While I appreciate your continued support, I also enjoin you to verify and update your details on the NBA website on or before 15th July 2020, to enable you access the voting portal during the elections. The NBA website has a membership portal for all lawyers who are enrolled at the Supreme Court of Nigeria, similar to the portal on the International Bar Association (IBA) website. Verification is completely free and seamless.

To get verified, please visit the NBA Membership Portal on the NBA website or click this link https://nigerianbar.org.ng/membership-portal

Thank you and do have a great weekend.

Joyce Oduah, FICMC
National Treasurer, NBA, 2012-2014.
#BeyondRecordingMinutes

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag 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.

EDITOR'S CHOICE
Jul 05, 2020
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‘HOW ECNBA CAN AVOID RIGGING OF 2020 ELECTIONS,’ BY ODINKALU

Human rights advocate and former Chairman of National Human Rights Commission (NHRC), Prof. Chidi Odinkalu has predicted that the Nigerian Bar Association (NBA) National Officers Elections scheduled to open on July 29 will be rigged. In an article titled “The 2020 Elections of the Nigerian Bar Association Will Be Rigged: Here is How,” Odinkalu outlines perceived gaps in the ongoing electoral process, expressing fears that the NBA leadership may lack the political will to conduct free, fair and credible elections.

THE 2020 ELECTIONS OF THE NIGERIAN BAR ASSOCIATION WILL BE RIGGED: HERE IS HOW

By Chidi Anselm Odinkalu

In his infamous letter issued last month to the 1998 transitional President of the Nigerian Bar Association (NA), Chief T.J.O. Okpoko, a Senior Advocate of Nigeria (SAN), senior Nigerian lawyer, Chief Adegboyega Awomolo, himself also a SAN, appealed that “it will be a great failure of leadership for the senior advocate to surrender leadership to outer Bar when there are willing and able senior advocates.” In an election in which two of the three aspirants for the top prize of president of the Nigerian Bar Association (NBA) are SANs, this was as close as anyone could come to openly advocating rigging the election à la carte, without calling the crime by its name. Barring last minute course correction by the Electoral Committee of the NBA (ECNBA), Chief Awomolo is likely to get his wish: these 2020 NBA elections, like the two before it in 2016 and 2018, have been set up to be rigged to order.

While Chief Awomolo may have provided the motive or rationale for rigging the NBA election, the mechanics of procuring the rigging are in the hands of the ECNBA. By way of context, it is useful to explain that the NBA elections are digital. In their 2018 book, How to Rig an Election, Nic Cheeseman and Brian Klaas point out that “once upon a time, to do the dirty of changing votes, you had to be present in the actual polling location. That is no longer true.” In an earlier piece of work on “Making Democracy Harder to Hack” published in the Michigan Journal of Law Reform in 2017, Scott Shackleford and his collaborators examined essential vulnerabilities that make rigging possible in digital democracy, focusing in particular on three aspects: who can vote (voter rolls); who you vote for (voting platforms) and vote computation. (how many votes each candidate receives). As will be shown shortly, all three vulnerabilities are deliberately built into the NBA’s electoral processes.

Essentially, there are four vulnerabilities that have been designed to guarantee rigging of the vote in the 2020 NBA election. These are voter rolls (register), portal integrity (or lack of it), voter verification opacity and prohibitive transaction cost, and lack of independence in the ECNBA. I will explain each of these briefly.

Voter Register: Voters in NBA ballot have to meet three conditions. First, they must be enrolled as lawyers in Nigeria. This is easily confirmed from the Roll of lawyers kept with the Supreme Court. Every lawyer on the Roll has an enrolment number, with which their enrolment can be verified. Second, the person must have paid their annual practicing fees by 31 March. The collecting bank for this is Access Bank. It should be easy to verify those who paid from the records or tellers of the bank. In reality, the only people who have access to this record are the President of the NBA and those whom he wishes to. Third, the voter must also have paid his or her branch dues by 31 March. The NBA comprises 125 branches. Each branch manages its own processes for collecting dues. These are not standardized. The list of eligible payees is at the say so of the different branch chairmen.

Without access to the records of the bank or of the branches, the register of voters lacks integrity and it shows. When the ECNBA issued the provisional register at the end of May 2020, it contained 21,067 names. By the time it issued what it called a final list one month later in June, it had ballooned by 186.65% to 39,321. A close reading of the list shows it contains multiple repetitions, omissions and even figments. People who did not pay the practicing fees are there while many who paid are not. Many branch chairmen have no records of people whom they have put forward as having paid branch dues. There are credibly attested reports of chairmen printing receipts of payment and backdating fictional payments. One particular voter on the list goes by the incredible name of “Opening Balance”. The joke is that this voter has a twin, who is also a lawyer called “Closing”. Their Dad, Mr. Balance, must be proud!

Portal Integrity: In 2018, the voting portal for the NBA election was from a compromised provider. In 2020 it is not clear who the provider is. The portal appears to be managed by the NBA itself. It is not clear who has built it. There is neither transparency to its provenance nor verifiability or falsifiability to its operations and computations. As such, its integrity can neither be investigated nor guaranteed. It should be easy to engage external monitors for this purpose or engage the leading campaigns to designate back-end agents to monitor and verify the integrity of the operations. Neither the leadership of the NBA nor the ECNBA constituted by it is willing to grant either.

Verification Opacity and Prohibitive Transaction Cost: By meeting the three conditions for getting on the voter register, a potential voter does not earn the right to vote as such. S/he only qualifies for the privilege of verification. To do this, the voter is required to go to the portal and key in their details, including uploading their qualifying certificate and providing an e-mail address to which a password can be sent to them. The uploading can take up to three to four days. Many voters find this frustrating and opt out. Passwords are generated by the portal and changed by it at will without the agency of the voter. The voting register does not contain the e-mail address of the voter, so it is impossible to verify in any forensic process whether an e-mail corresponds to any particular voter. On their part, the ECNBA and the NBA can put forward data-protection concerns for circumspection with publishing of the e-mail addresses. In response, surely, that cannot be cited to justify creating deliberate balloting vulnerability. This opacity guarantees inflation of actual voting. In 2018, this was precisely the vulnerability that allowed for clusters of voting to happen using fake Firemail addresses generated from one source. That is almost guaranteed to occur in 2020. The prohibitive transaction cost is engineered for targeted disenfranchisement of voting clusters or conurbations seen as favourably disposed to unfavoured candidates.

Lack of Independence in ECNBA: Appointed to supervise the NBA election, the ECNBA lacks independent appropriations and operations. It has to function through the NBA Secretariat under the direction of the NBA President. Despite the existence of an ECNBA, aspirants and candidates continue(d) to receive letters from the NBA Secretariat and the NBA continues to be involved in directing essential aspects of the election value chain. The absence of institutional and process independence could itself become a dent on the personal integrity of members of the ECNBA.

It happened in 2016 and 2018. The litigation commenced in 2016 against the outcome of the rigged election to the position of the NBA presidency was only concluded at the end of the tenure of the beneficiary in 2018. After the 2018 election, the Economic and Financial Crimes Commission (EFCC) and the State Security Service (SSS) instituted investigations into the rigging of the ballot for the NBA presidency. Several staff of the NBA Secretariat were arrested. In one case, a young mother who works as staff of the NBA was arrested and detained for nearly two weeks.

The ECNBA has an opportunity even now 2020 to avoid these. It can easily infuse greater transparency into its operations. It can invite independent monitors to certify the integrity of its operations. All the accredited campaigns should be entitled to records that should enable them to certify the integrity of the process. These are not expensive steps. The only reason none will happen is because the NBA elections will be rigged. I will be happy to be proved wrong and to eat humble pie.

This, then, is the architecture of rigging that almost assuredly guarantees that Chief Awomolo and his gang of insecure, entitled antediluvians will get his wish. As I have said elsewhere, any system in which a minority feels entitled to rule over the majority has only one name: Apartheid. It should be resisted.

Odinkalu is Co-Convenor of the Open Bar Initiative and writes in his personal capacity.

EDITOR'S CHOICE
Jul 04, 2020
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NBA ELECTIONS: ELECTORAL C’TE CLEARS ADESINA, AJIBADE, AKPATA, BARS 15 OTHERS

BY EMEKA NWADIOKE

• WITHDRAWS CLEARANCE TO GENERAL SECRETARY ASPIRANT
• DISQUALIFIES 2 INCUMBENT NATIONAL OFFICERS
• SETS JULY 15 DEADLINE FOR VERIFICATION
• VOWS TO DISQUALIFY CANDIDATES WHO FLOUT CAMPAIGN RULES
• SETS MONDAY DEADLINE FOR SUBMISSION OF MANIFESTOS
• ASKS CANDIDATES TO DISMANTLE PARALLEL HELP DESKS

The Electoral Committee of the Nigerian Bar Association (ECNBA) has released the list of candidates to contest the forthcoming NBA National Officers Elections.

While 28 candidates – including three presidential candidates – made the final list, 15 aspirants could not pass through the crucible of the screening process, including two incumbent national officers.

While 19 aspirants were initially disqualified by the electoral committee, 18 filed appeals while one opted not to file any appeal. The ECNBA withdrew the initial provisional clearance granted an aspirant for the post of General Secretary, Barth Okoye-Aniche following a petition, while five aspirants succeeded with their appeals.

CITY LAWYER had in an exclusive report noted concerns among some disqualified aspirants over the delay in the screening process and the promise by the electoral committee to fast-track the appeals process.

In its ECNBA Statement No. 13 titled “Full List of properly nominated candidates for the NBA National Elections 2020 and verification of members,” the electoral committee stated that “Having concluded the Appeals process, the ECNBA now presents a list of 28 candidates cleared to contest various offices in the NBA National Officers Elections 2020.” The statement was dated July 3, 2020 and jointly signed by Mr. Tawo Eja Tawo SAN and Mrs. Cordelia Eke, ECNBA Chairman and Secretary respectively.

CANDIDATES LIST

It urged the candidates to “submit an A4 size copy of his/her curriculum vitae (of not more than 4 pages), a comprehensive manifesto and other campaign materials (all in electronic form) on or before 6:00PM on Monday 6th July 2020, for upload on the NBA website.”

The committee emphasized that “campaigns can only be carried out by publication of campaign materials supplied to the ECNBA to be hoisted on the NBA website,” warning specifically that “Travelling across the country to solicit for votes is prohibited.” The committee warned candidates to abide by the NBA Constitution 2015 (as amended) and the ECNBA Guidelines in their electioneering campaigns, vowing that “Any violation of these will be severely sanctioned including disqualification from contesting the elections.”

On the controversial final voters register, the committee emphasized “the need for members to verify and update their details on the NBA website on or before the 15th day of July, 2020. This is to ensure that everyone can access the voting portal during the elections as only those who are verified can vote.”

Leading human rights activist and former Chairman of National Human Rights Commission, Prof. Chidi Odinkalu had poked holes in the voters register, saying: “After 2 #RiggedElections, @NigBarAssoc seems well on its way to a 3rd. The voters list produced by#ECNBA appears riddled wth some impressive non-persons. Voter No. 5500 is a person called “Opening Balance”?! There’s a way to stop this: verify the names with reference to receipts.”

Turning to the issue of parallel help desks set up by some candidates, the electoral committee frowned on the practice, describing it as “unacceptable.” “We advise that such efforts be dismantled immediately not to interfere with the mandate of the Committee, confuse our members or be interpreted as attempts to harvest members’ details for use at the elections,” it said. It urged eligible voters to rely instead on the Help Desk set up by the NBA to assist members having challenges with the verification process.

Among those cleared to run for the elections are Mr. Dele Adesina SAN, Dr. Babatunde Ajibade SAN and Mr. Olumide Akpata who will battle for the coveted NBA Presidency slot. The position of First Vice President remains the most crowded field, with six candidates cleared for the race. They include John Aikpokpo-Martins, Oluwaseun Ajoba, Adebayo Akinlade, Adedotun Adetunji, Ganiat Siyonbola and Dawud Sulayman. Siyonbola was not in the list of aspirants provisionally cleared for the election.

While the race for Second Vice President is a straight fight between Adesola Abimbola and Kazeem Adeyemo, both aspirants for the position of Third Vice President – Promise Wobo Iwezor and Gerald Abonyi – failed to scale the screening hurdle.

With Barth Okoye-Aniche haven fallen by the way-side, the race for the influential post of General Secretary is now between Alex Muoka, Joyce Oduah, Okey Ohagba and Christopher Yakemewerigha. The battle for the post of Assistant Secretary remains unchanged, with three combatants – Anne Agi, Uche Nwadialo and Aigbokhai Osagie – cleared for the race.

Returnee candidate Mercy Ijato Agada and Raphael Anagor have clinched the positions of Treasurer and Financial Secretary respectively without a fight. While Caroline Ibharuneafe who sought the post of Treasurer fell under the disqualification hammer, Anagor seemed the solitary applicant for the post of Financial Secretary.

With incumbent Second Assistant Secretary Chinyere Obasi and Osahon Irehovbude having been disqualified by the electoral committee, the race for the post of Welfare Secretary promises to be a fierce battle between incumbent National Publicity Secretary, Kunle Edun and returnee candidate, Sabastine Anyia.

Following a successful appeal and the reinstatement of his name on the ballot, Olayinka Sokoya will slug it out with Rapuluchukwu Nduka for the post of Publicity Secretary while four candidates – President Aigbokhan, Charles Ajiboye, Ferdinand Naza and Dominic Ochenehi – will battle for the position of Assistant Publicity Secretary. While Ajiboye and Ochenehi had appealed their disqualification by the electoral committee, leading to their reinstatement in the race, Henry Chibuike Ugwu of Ihiala Branch and Oladotun Hassan of Epe Branch did not succeed with their appeals.

Among those who were also disqualified are controversial former Ikeja Branch Chairman, Adesina Ogunlana; S. O. K. Shillings, and incumbent Assistant Publicity Secretary, Akorede Habeeb Lawal who sought the substantive post of Publicity Secretary.

EDITOR'S CHOICE
Jul 03, 2020
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AKPATA SETS UP ELECTION VERIFICATION HELP DESK

One of the leading aspirants for the forthcoming Nigerian Bar Association (NBA) election, Mr. Olumide Akpata has set up a Help Desk for the ongoing verification exercise to enable eligible voters participate in the election.

In an email sent early today, Akpata restated the publication of the final voters list by the Electoral Committee of the Nigerian Bar Association (“ECNBA”) for the elections scheduled for 29th and 30th July, 2020.

Outlining the verification procedure, he urged eligible voters who may have challenges with the verification process to “contact the NBA support team using support@nigerianbar.org.ng” or call the ECNBA verification hotlines.

“Feel free to contact my help desk via helpmeverifynow@gmail.com or on 08122778151, 07055115282, 08025875099, and 08037003654 to assist you in following up with the ECNBA,” he added.

The full text of the email is below:

Dear (surname)

I hope that this meets you well.

I am writing to notify you that the Electoral Committee of the Nigerian Bar Association (“ECNBA”) has now published the final voters list that would be used in the forthcoming elections into national offices of the NBA scheduled to hold on 29th and 30th July 2020 (the “Final Voters List”).

With the Final Voters List now in circulation, I encourage you to kindly do the following:

1.Go through the Final Voters List to confirm that you name is on it. You can view a copy of the Final Voters List by clicking on the ‘View Register’ button at the end of this email;

2.If your name is on the Final Voters List, do take steps to ensure that you “Verify” on the NBA website in order to be eligible to vote. This “verification” entails creating or updating your individual portal on the NBA website. The verification process is set out under the heading “How to Verify” below; and

3.If your name has been omitted from the Final Voters List, or if you have any other complaints about the Final Voters List, the verification process or any related issue, use the information under the heading “NBA Eligibility Complaints” below.

How to Verify
A. If you have never been verified:
I. click on the’Visit Portal’ button at the end of this email to create your own portal on the NBA website;
II. while there, click on the “Get Verified Option” and complete the simple verification form;
III. upload a copy of your call to bar certificate;
IV. afterwards, a confirmation email (containing a
temporary password and other details) will be sent to the email
address that you provided. In some cases, the email might be in your junk or spam folder or might take some time to deliver to
you;
V. follow the instructions in the confirmation email and go back to
the NBA membership portal;
VI. while on the NBA membership portal, enter your Supreme
Court Number (without any space between the alphabet and the numbers) and input the temporary password provided in your
confirmation email; and
VII. once you log in, update your profile by correcting any errors
in your details or supplying any missing information. That would be the end of the verification process.

B. If you had been verified but no longer remember the password
with which to access your portal
then:
I. click on the ‘Visit Portal’ button at the end of this email;
II. while on the portal, click Forgot Password; and
III. enter your Supreme Court Number (without any space
between the alphabet and the numbers) and follow the
instructions.

NBA Eligibility Complaints
If you have any complaints about the process or the Final Voters List, please contact the NBA support team using support@nigerianbar.org.ng or call 08165037594; 08168011579; 08165374194; 08167181605.

Feel free to contact my help desk via helpmeverifynow@gmail.com or on 08122778151, 07055115282, 08025875099, and 08037003654 to assist you in following up with the ECNBA.

Participating in the electoral process is key to achieving our collective objective of making the Bar work for all and creating a profession that we all will be proud of and happy to identify with.

I thank you for your attention and look forward to staying in touch.

Best Regards,
OLUMIDE AKPATA

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EDITOR'S CHOICE
Jun 29, 2020
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NBA ELECTORAL COMMITTEE FINALLY DISQUALIFIES OGUNLANA

I WILL HEAD TO COURT, SAYS FORMER IKEJA BRANCH CHAIR

Controversial NBA presidential aspirant, Mr. Adesina Ogunlana finally been disqualified from contesting the forthcoming Nigerian Bar Association (NBA) Elections, CITY LAWYER can authoritatively report.

Confirming the incident to CITY LAWYER, a close aide of Ogunlana, Mr. Ayo Ademiluyi however said the former NBA Ikeja Branch Chairman will “definitely” head to court to challenge his disqualification. He said Ogunlana will soon issue a statement on his disqualification.

He said that the Electoral Committee of the NBA (ECNBA) hinged its decision on lack of a Letter of Good Standing from the branch chairman as well as the report of the committee allegedly indicting Ogunlana on the branch insurance funds. Ogunlana has argued that the committee report was not an indictment but merely asked him to account for about N12 million of the branch insurance fund.

Other aspirants whose appeals were also unsuccessful include incumbent NBA Second Assistant Secretary Chinyere Obasi, Messrs S. O. K. Shillings and Promise Wobo Iwezor.

Confirming her disqualification in an online post to her supporters, Obasi said: “Good morning my people. I regret to inform you all that the appeal was refused. ECNBA still stood on sec 8(3) of the NBA constitution 2015 i.e. not being a NEC member for two years before the close of nomination. I thank you all for your support and prayers thus far.”

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.

EDITOR'S CHOICE
Jun 29, 2020
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ECNBA DISQUALIFIES OBASI, SHILLINGS AGAIN, KEEPS MUM ON OGUNLANA, OTHERS

• ELECTORAL COMMITTEE SCRIBE LOSES FATHER

The Electoral Committee of the Nigerian Bar Association (ECNBA) may have concluded hearing of appeals from aspirants disqualified in the forthcoming NBA Elections.

There are strong indications that at least three of the appeals were unsuccessful, as the electoral committee sustained its decisions to disqualify the aspirants, including incumbent NBA Second Assistant Secretary, Miss Chinyere Obasi who was gunning for the post of Welfare Secretary, and Promise Wobo Iwezor, an aspirant for the post of Third Vice President.

Also disqualified is NBA Ikorodu Branch chieftain, Mr. S. O. K. Shillings who confirmed his disqualification to CITY LAWYER in a telephone interview. He was vying for the post of First Vice President.

CITY LAWYER gathered from impeccable sources that some of the disqualification letters dated June 25, 2020 were dispatched late last night by the electoral committee.

Several of the aspirants are yet to know their fate, including controversial NBA presidential aspirant, Mr. Adesina Ogunlana. The former NBA Ikeja Branch Chairman told CITY LAWYER that he “is hopeful” of a favourable response from the electoral committee. Incumbent NBA Assistant Publicity Secretary, Mr. Habeeb Lawal also told CITY LAWYER that he had not heard from the electoral committee at press time.

Meanwhile, tragedy has hit the electoral committee as CITY LAWYER gathered that its Secretary, Mrs. Cordelia Eke has lost her father. The deceased was buried during the weekend. Mrs. Eke has since resumed duty again at the ECNBA.

Another big casualty from the earlier exercise is former NBA Ikorodu Branch Chairman, Mr. Adedotun Habeeb Adetunji who was also vying for the First Vice President. He also told CITY LAWYER he had not received any feedback from the electoral committee as at press time. The fate of Gerald Abonyi, another aspirant for the post of Third Vice President, also remained unclear at press time.

The NBA Elections is now rescheduled to hold on July 29 and 30, 2020.

EDITOR'S CHOICE
Jun 28, 2020
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ELECTIONS: ‘WE WILL BAN ASPIRANTS IF ….,’ SAYS ECNBA

The Electoral Committee of the Nigerian Bar Association (ECNBA) has warned that it will not hesitate to ban aspirants who infringe the electoral guidelines issued for the forthcoming NBA Elections.

In a statement issued yesterday and signed by ECNBA Chairman, Mr. Tawo Eja Tawo SAN, the electoral committee stated that it “is closely monitoring and observing the activities and conduct of the aspirants and their supporters” regarding the constitutional prohibition of certain forms of campaigns, warning them to desist from acts that infringe the guidelines.

In an ominous note, the committee noted that “no aspirant or candidate has been granted final clearance to contest the elections,” adding that “any violation shall attract appropriate sanctions.”

The committee has also shifted the date for opening of the ballot by almost one week from July 24 to July 30 to enable it conclude a clean-up of the troubled voters register.

Following complaints on the hardships being experienced by eligible voters in participating in the verification exercise, the ECNBA has also provided some hotlines to assist voters.

CITY LAWYER had in an inaugural editorial warned that many eligible voters may be disenfranchised due to the complex verification model, urging the electoral committee to closely monitor the process and provide a Help Desk to assist lawyers who are eager to exercise their voting right.

The full text of the ECNBA statement reads:

VOTERS REGISTER, CAMPAIGNS AND ELECTION DATE.

1.0 PREAMBLE.

By the Preliminary Notice of Election dated April 15, 2020 and the Guidelines and Timeliness for the 2020 NBA National Officers Elections issued pursuant to Paragraph 1.5 of the 2nd schedule to the Constitution of the Nigerian Bar association, 2015 (as amended), the ECNBA fixed Friday the 24th day of July 2020 and Saturday the 25th day of July 2020 for the elections.

With that date in view, the Committee worked assiduously by keeping members informed of its activities, began the compilation of the register of voters to be deployed for the elections, invited and rigorously screened nominations for the offices to be contested in the 2020 NBA Election.

1.1 VOTERS REGISTER
There is no gainsaying the fact that correct voters register is very critical to free, fair and credible elections. For this purpose, the ECNBA by its correspondence (ECNBA Statements No.003 & 004) solicited the cooperation of the NBA branches in sending the list of their members and in the prescribed format to enable the Committee compile a comprehensive voters’ register to be used for the elections to ensure that our members are not disenfranchised. Surprisingly, the list of some branches contained names of members without proof of payments or whose names were not on the statement of accounts sent as proof of payments of branch dues. Notwithstanding the efforts of the Committee, some branches were either not forthcoming or their responses were inordinately delayed thus putting their members at risk of not being included in the compilation of the voters register for these important elections. The ECNBA granted extensions of time to ensure compliance by the defaulting branches and to have their members captured in the compilation. Unfortunately this opportunity was not leveraged upon; instead, the Committee has been inundated with several complaints by members that should ordinarily be addressed by the branches. The Committee has had to bend over backward within the confines of the NBA Constitution to attend to as many of the complaints as it possibly can. This, no doubt has affected the initial timeliness set by the Committee for the elections of the National Officers of the Association.

CAMPAIGNS.
The ECNBA is closely monitoring and observing the activities and conduct of the aspirants and their supporters regarding the constitutional prohibition of certain forms of campaigns as contained in the ECNBA Guidelines for the 2020 NBA Elections. We advise the aspirants and their supporters to desist from any form of unwholesome desperation and the seeming penchant to deride or disregard the election guidelines as any violation shall attract appropriate sanctions. NOTE no aspirant or candidate has been granted final clearance to contest the elections.

1.3. ELECTION DATE.
In exercise of the powers conferred on the ECNBA by Paragraphs 1.1(b) and 1.3(a), of the 2nd schedule to the Constitution of the Nigerian Bar Association, 2015 (as amended) the Committee has now fixed another date for the elections of national officers of the Association. Elections shall commence at 00:00 hours of Wednesday the 29th day of July 2020 and end at 11:59 hours of Thursday the 30th day of July 2020.

Members who are yet to undertake the verification of their particulars on the NBA website are advised to do so without further delay. Members are required to activate their personal portal on the website upon verification not later than the 15th day of July 2020.

A support system which will become operational from Monday the 29th day of June 2020 is being set up with the following dedicated lines 08168011579, 08165374194, 08165037594 and 08167181605 email: support@nigerianbar.org.ng

1.4 CONCLUSION.
The ECNBA is committed to all-inclusive, free, fair, and credible elections. The adjustment in the date for the elections by this notice is to enable our members participate in the choice of the leadership of their association. The Committee expresses profound appreciation to all who have assisted in the discharge of its mandate in one way or the other and solicits the cooperation of all our esteemed members for the success of this democratic process.

Dated this 27th day of June 2020.
Tawo E. Tawo
Chairman, ECNBA

EDITOR'S CHOICE
Jun 26, 2020
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EDITORIAL: NBA ELECTIONS 2020 – OF OPPORTUNITIES AND THREATS

The Nigerian Bar Association (NBA) 2020 National Elections will hold barely 28 days from today. In fact, Paragraph 2.3 (d) of the Second Schedule to the NBA Constitution 2015 (as amended) provides that “The full list of all legal practitioners qualified to vote shall be published by ECNBA in conjunction with the National Secretariat of the NBA at least twenty eight (28) days before the date of the election.” The poll is scheduled to hold on July 24 and 25, 2020 via electronic voting. Continue Reading

EDITOR'S CHOICE
Jun 24, 2020
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‘WE’VE NOT SET VOTER VERIFICATION DEADLINE,’ SAYS TAWO TAWO

• …. MIXED REACTIONS GREET EXERCISE
• “MY EXPERIENCE HAS BEEN TERRIBLE,” SAYS FUNKE ADEKOYA
• … WARNS THAT MANY ELIGIBLE VOTERS WILL BE DISENFRANCHISED

The Electoral Committee of the Nigerian Bar Association (ECNBA) has declared that it has not set any deadline for the ongoing verification exercise, contrary to speculations that verification was billed to end yesterday.

ECNBA Chairman, Mr. Tawo Eja Tawo SAN told CITY LAWYER that the committee has not decided on when to draw the curtains on the exercise.

Speaking on whether a deadline has been set to conclude the verification process, he said pointedly: “There is none yet.” The electoral umpire was also at a loss as to the source of the speculation, saying: “I wonder the origin of the confusion.”

The frenzy may not be unconnected with certain posts on social media platforms suggesting that yesterday was the deadline for the verification exercise.

A post trended on several social media platforms yesterday urging lawyers to make haste to verify their personal details on the NBA website. It stated that only 48 hours was allowed for the exercise, adding that it would end by 6 pm. The post read: “Today is the deadline for all eligible lawyers to verify their details on the NBA Website. Visit https://nigerianbar.org.ng/membership-portal. #Securethefuture.”

Another version of the post which was sent to lawyers via short messaging service (SMS) read: “Dear (name of receiver), The ECNBA has released the 2nd List of Voters. Kindly verify that your details are correct. If they are not, send the correct details with proof of payment to ecnba2020@nigerianbar.ng not later than 6pm on 23/06/20. You can verify via https://nigerianbar.org.ng/membership-portal.” The message came under the “BULK SMS” banner.

The information caused anxiety among lawyers, leading to many making frantic efforts to verify their details.

CITY LAWYER investigations show that the speculation may also not be unconnected with the ECNBA press statement unveiling its second provisional voters list where it stated that “Those whose names are omitted are expected to send their details with proof of payment of Branch Dues within 48 hours of this publication to the account ecnba2020@nigerianbar.ng. Please note that any mails or messages sent after 6PM on Tuesday 23rd June 2020 will not be attended to.”

Given that the verification process was heralded by the press statement, many stakeholders may have assumed that the deadline was for both the compilation and verification exercises.

Meanwhile, there has been mixed reactions regarding the verification exercise. While some lawyers said that the process was stress-free, others seem to have had a herculean task navigating the verification process on the NBA website.

One of those who had a tough time engaging the process is former NBA presidential candidate, Mrs. Funke Adekoya SAN. She told CITY LAWYER that her experience was “terrible.” Her words: “My experience has been terrible. I was verified before but forgot password; so I sent ‘forgot password’ message. I have been waiting for password reset email since yesterday (Monday). I received email this (Tuesday) morning and accessed link – it says password cannot be reset. I sent email to NBA Secretariat 4 hours ago – still no response!”

In an early morning SOS to CITY LAWYER, Mr. Augustine Ogbodo said: “I don’t know if you have any clue on verification of membership on the NBA portal. I have been trying to log in to the portal to verify my membership but have not been successful. I tried reaching NBA via telephone but wasn’t successful.”

Immediately CITY LAWYER escalated the SOS on some social media platforms, there was a flurry of responses both from the ECNBA and the NBA leadership. While the NBA publicity team uploaded several versions of the verification process on sundry social media platforms, the ECNBA Secretary, Mrs. Cordelia Eke advised eligible voters who have challenges with the verification process to “contact the NBA IT staff in charge.”

She added: “A lot of phone calls (are) coming (in). They may not be able to take all. We advise people to send emails. It’s easier to track and treat complaints that way.” She assured that she “will ask the IT staff to look into this (complaint).” She later stated that “Members’ complaints about the website have been forwarded to NBA IT to handle.”

When CITY LAWYER asked Ogbodo to provide more details on his challenges with the verification process, he said: “I was prompted to supply new password and to confirm same. I did so but was again prompted to insert the correct format.” He then requested the “contact or email of the IT staff?” adding: “Thanks so much for your efforts. I have sent them an email. Waiting for their response. I sent the email to support@nigerianbar.org.ng as indicated.”

Unlike NBA Lagos Branch Welfare Secretary, Anthonia Eke who stated that “I had a seamless process updating my data on the verification portal of the NBA,” both Adekoya and Ogbodo eventually surmounted the verification hurdles.

Said Adekoya: “(I) Have finally been verified! A 24 hour process. With WFH (working from home), even if you have been verified (as I have) if you do not have an ‘active’ profile on the NBA website, you are unlikely to be able to vote. An ‘active’ profile means you interact with the NBA through your portal on the NBA website. (It is) Not the same as being verified.”

On his part, Ogbodo told CITY LAWYER that “This is what I have been missing. I have been trying to put the password without inserting figures and special number. (I) Have just done the needful and Password successfully reset. Thanks for your assistance.”

Worried that many lawyers may be disenfranchised by the verification model adopted by the ECNBA, Adekoya predicted a very low voter turnout in the 2020 NBA Elections. her words: “(I) Will be surprised if up to 3000 voters receive voting link from NBA website.”

CITY LAWYER also observed that the ECNBA press statement was silent on the details of any Help Desk or help lines for eligible voters who may have challenges with the verification process.

It is recalled that while 32, 228 eligible voters were on the provisional voters register for the 2018 NBA Elections, only 16,825 or 52.21 per cent of the eligible voters were able to scale the verification hurdle. Analysts have observed that the 2018 verification process is more straightforward than the current exercise, leading to fears that even fewer eligible voters may get their names on the final voters register.

EDITOR'S CHOICE
Jun 23, 2020
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Comments Off on NBA ELECTIONS: LAGOS, ABUJA, IKEJA, PH ARE BATTLE-GROUND BRANCHES

NBA ELECTIONS: LAGOS, ABUJA, IKEJA, PH ARE BATTLE-GROUND BRANCHES

• 34, 418 ELIGIBLE VOTERS MAKE SECOND LIST
• ECNBA OKAYS VOTER VERIFICATION EXERCISE

Some Nigerian Bar Association (NBA) branches have maintained their rating as battle-ground branches in NBA National Elections, given the latest voter registration list published by the Electoral Committee of the NBA (ECNBA) in the run-up to the 2020 polls.

Following release of the second provisional voters’ list for the elections by the electoral umpire, Lagos Branch maintains its pole-vault position as by far the branch with the largest number of voters in NBA circles. It has 6,722 members on the voters’ register. Continue Reading

EDITOR'S CHOICE
Jun 20, 2020
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‘THE PLATFORM’ CANCELS NBA PRESIDENTIAL DEBATE

BY EMEKA NWADIOKE

SAYS ‘WE WILL KEEP YOU INFORMED ON ANY NEW DEVELOPMENTS’

“We thank the organisers of the Platform interactive session for the work that they have put into organising the session, and hope that they and members of the public understand with us.”

Poju Oyemade <no-reply@zoom.us>
9:01 AM (14 hours ago)
to (NAME)

Good morning,

The webinar “Join Deacon Dele Adesina SAN in an interactive session on his vision and plans for the Nigeria Bar Association” on Jul 19, 2020, 03:00 PM has been canceled.

The Platform Nigeria wants to thank you for registering. We will keep you informed on any new developments.

Thank you

EDITOR'S CHOICE
Jun 19, 2020
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Comments Off on OGUNLANA APPEALS DISQUALIFICATION, BLAMES IKEJA CHAIR FOR WOES

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

EDITOR'S CHOICE
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.”

EDITOR'S CHOICE
Jun 13, 2020
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Comments Off on WHAT ADESINA, AJIBADE, AKPATA, OGUNLANA, OTHERS ARE SAYING ON ECNBA CLEARANCE, DISQUALIFICATION

WHAT ADESINA, AJIBADE, AKPATA, OGUNLANA, OTHERS ARE SAYING ON ECNBA CLEARANCE, DISQUALIFICATION

BY EMEKA NWADIOKE

Many aspirants have been reacting on their clearance or disqualification by the Electoral Committee of the Nigerian Bar Association (ECNBA) for the forthcoming NBA National Elections. Among those who appreciated ECNBA for their clearance are Dr. Babatunde Ajibade SAN and Mr. Olumide Akpata. While Sources close to Mr. Dele Adesina SAN told CITY LAWYER that he did not issue any statement on the matter, a group of supporters under umbrella of “Team DASAN” said his clearance was received “with joy and put us all in joyful mood.” The group added: “While congratulating our candidate and ourselves, we must be reminded that the work has just begun. We must all strive towards ensuring the realisation of DASAN’s Presidency in order to secure the future of the Bar.”

Aspirants who were disqualified from the race also reacted to the ECNBA decisions, with former NBA Ikeja Branch Chairman, Mr. Adesina Ogunlana leading the pack of aspirants who have vowed to challenge their disqualification.

Below is a compilation of aspirants’ reactions by CITY LAWYER:

DR. BABATUNDE AJIBADE, SAN
Dear Friends and Colleagues,
I give thanks to God that the Electoral Committee of the Nigerian Bar Association has granted me provisional clearance to contest for the office of President of the NBA.
By this, we have scaled the first official hurdle in this race to reposition and strengthen the Nigerian legal profession.
I could not have done this without the spiritual, moral and physical support of each and everyone of you and I am truly grateful for your support thus far.
This is just a first hurdle though and there is still a long journey ahead before we reach the promised land. I look forward to your continued support and a doubling of our efforts as we make this final push to build a better Bar.
Let’s all remember that while I can do little alone, we can do much more together.
Let’s unite and do better.

OLUMIDE AKPATA
WE MUST KEEP MOVING FOR A BETTER BAR
My friends,
I am pleased to report that last night, the ECNBA cleared me to contest the 2020 NBA Presidential elections. My team and I are delighted to have crossed this milestone in my quest to lead the Bar to an enviable future.
I can only say that the future we seek for the NBA is much closer than we think, and I must thank everyone who has supported so far. Still, we must continue to move until we get to the finish line. We must be propelled by our desire transform the NBA into an Association in which we all find a sense of belonging and from which we all grow and benefit as lawyers and also set standards for the future.
My drive to see a better NBA did not start today, so there is no backing down from this cause. This is why I urge supporters of my candidacy everywhere to continue to advocate actively for a transformed NBA and to exercise their franchise when the time is right. Let us give our members hope again and give the society reasons to believe in us.
As always, I remain grateful for your support.
Thank you.

ADESINA OGUNLANA
DO NOT BE DISMAYED …..WE SHALL OVERCOME
BEING THE PRELIMINARY RESPONSE OF OGUNLANA ADESINA , ESQ (CHAIRMAN, NBA IKEJA BRANCH 2016-2018)TO THE NOTICE OF LETTER DISQUALFYING HIM FROM CONTESTING FOR THE OFFICE OF PRESIDENT OF THE NIGERIAN BAR ASSOCIATION ( NBA)

Dear Colleagues, Friends and Supporters ,
Good morning, All. May I respectfully inform that I have this day , -3 June 2020, at about 6 10 am, become aware of a mail from the Electoral Committee of the Nigerian Bar Association ( ECNBA) stating my disqualification from participating in the election for the office of the President of our great Association .

The ECNBA gave a singular reason – absence of LETTER OF GOOD STANDING(LOGS) from my Branch Chairman . ECNBA also stated my right to appeal their verdict within 7 days of receipt of their mail. We thank ECNBA
May I further state that I shall APPEAL the verdict . Let me assure every one that my dues for 2018, 2019 and 2020 were duly and fully paid as at when due as stipulated in the Constitution of the Association and which automatically thus entitles me to the LOGS.

The absence of the LOGS was not due to any fault of mine but to the malicious act of the incumbent but now out going BRANCH CHAIRMAN of the NBA IKEJA BRANCH, Dele Oloke , Esq . Of course , the poisoned antecedents of Oloke as a factional leader of the IKEJA BAR and who eventually lost out to me in the extremely intense intra-Bar leadership struggle of 2016-2017 is well known .

Clearly , the issue for determination is- CAN A BRANCH CHAIRMAN DECLINE TO ISSUE A LETTER OF GOOD STANDING TO AN APPLICANT , WHERE APPLICANT TO THE NOTICE OF THE CHAIRMAN, HAS COMPLIED WITH THE PROVISIONS AND STIPULATES OF THE CONSTITUION IN THAT REGARD ?

May I use this medium to appeal to all our supporters not to be dismayed but to remain not only calm but cheerful . Always trusting in the Faithfulness and Mercies of God and the consistently triumphant forces of GOOD over EVIL I declare to you today , WE SHALL OVERCOME .

THANK YOU

ALEXANDER NDUKA MUOKA
Good morning learned Seniors and Colleagues.
I have been provisionally cleared by the ECNBA to contest for the office of General Secretary of the NBA in the elections next month.
Let’s make this happen together, and thank you for your support.

JOYCE ODUAH
My Distinguished colleagues and teeming supporters* , it gives me great delight to announce to you that yesterday, Friday, 12th June 2020, *the Nigerian Bar Association Electoral Committee (“ECNBA”) provisionally cleared me to contest for the Office of the General Secretary of the NBA in the 2020 NBA General Elections,* which is scheduled to hold from 24-25 July 2020. Indeed, this is a step forward in our mission to transform the NBA National Secretariat. I thank you all for your continued support and urge us not to relent in our mission to make the NBA National Secretariat more responsive, effective and efficient for all lawyers.

BARTH OKOYE ANICHE
I am excited to bring it to your knowledge that I made the Provisional Clearance List of the Nigerian Bar Association for her forthcoming 2020 National Elections.

The list which has me shortlisted as ‘Okoye, Nnaemeka Bath’, alongside four other persons for the position of the General Secretary, was announced on Friday 12th June, 2020 with a press statement signed by Tawo E. Tawo, SAN (Chairman ECNBA), and Mrs Cordelia U. Eke (Secretary, ECNBA). It also declared the disqualification of 19 of the 43 nominees. “Disqualified persons have been duly notified of the decision of the electoral officers and their right to Appeal.”

OKEY LEO OHAGBA
Distinguished Bar leaders, learned friends and supporters of my aspiration to serve the Bar, with great joy and glory to God Almighty, I bring you good news that the ECNBA has found yours truly fit and proper to contest for the office of NBA GENERAL SECRETARY in forthcoming NBA General Elections, scheduled for 24th/25th July this year.

This feat was possible with your support and prayers. Our vision for #InnovativeSecretariat #InnovativeBar just gained momentum, and I’m very upbeat we shall actualise that dream at the end, with your continuing support and by the special GRACE of God.

Our beautiful plans for the Bar would be unveiled as soon as ECNBA guidelines permit.

Please continue keeping faith with us as we focus now on the greater task ahead, and hope to work more closely with you this time. Together, we can build a more progressive, responsive and innovative Secretariat; more friendly and closer to all members.

The journey has been God’s and will remain God’s till the end.

THANK YOU

KUNLE EDUN
Distinguished Colleagues, i am pleased to inform you that the ECNBA has cleared me to run for the office of the National Welfare Secretary of the Nigerian Bar Association. This could not have been possible without your support and prayers, and most importantly because you all believe in my aspiration. We return all the glory to God Almighty.

My clearance by the ECNBA is a call for greater service to the NBA and humanity. It is a further opportunity to replicate what we have done as the NBA Publicity Team (Kunle Edun & Habeeb Lawal) in addressing the welfare needs of our Colleagues.

With your continued support and prayers, the NBA will experience innovations, proactiveness and dilligence in attending to the critical welfare needs of our colleagues. Never again would a Lawyer beg for funds to undergo any life-saving Surgery. We must make OUR NBA take responsibility for our Welfare.

I wish to use this opportunity to thank my very good friend J.E. Usman , the current National Welfare Secretary for the fantastic work he has done so far. I know the many challenges he has had to confront in responding to the needs of Colleagues. I look forward to his guidance and advice in ensuring that we continue to make the welfare of Lawyers a core responsibility of the NBA. I also thank my co- National Officers, particularly my very good friend, Chinyere Obasi. We would continue to work as a Team.

My distinguished Colleagues and true advocates for positive change, the Election is few weeks away. I request that you spread the gospel of Kunle Edun to all Lawyers and groups. It is a gospel for better welfare for members. Let the final victory be for the Nigerian Lawyers.

Thank You.

S. O. K. SHILLINGS
Distinguished colleagues, I have read and been inundated with reports of the release of names of contestants for the coming election wherein my name is missing.
I understand that those who are disqualified have been notified of the fact and grounds of their disqualifications.
I have not received such notification. It is therefore clear that the omission must be due to inadvertence. We have therefore informed the ECNBA of this development and the need for it to do the needful.
I urge us to keep calm and follow up on our steady agenda leading to the final bend, sprint-start lapse.
I thank you immensely for the huge solidarity.

ADEDOTUN ADETUNJI
To all my teeming fans and supporters who have been calling and sending me messages from North, East, South and West since the news of my so called disqualification broke, I thank you very much and I dare say that this is the handwork of Shaitan but he won’t succeed. I believe this happened for a very very positive reason. The reason given for my disqualification is that my seconder did not have sufficient duration of NEC membership meanwhile he has been Nec member since 2004 till date (unbroken). What an irony. He has been secretary of a branch as Nec member 2004-2006, Chairman of a branch as Nec member 2014-2016 and the current elected Nec rep 2018-2020. He was coopted as Nec rep by the Presidency of Olisa Agbakoba San 2006- 2008, Rotimi Akeredolu San 2008-2010, J.B. Daudu San 2010-2012, Okey Wali San 2012-2014 and A.B. Mahmoud San 2016- 2018. *He has been a Nec member for 16 years unbroken period meanwhile, the constitutional requirement is to be in Nec for not less than two (2) years.*
We are surely going to appeal vehemently. We have a window of 7 days to do that but the action starts now. I thank you all for your support. Please keep the flag flying. No cause for alarm.

OLAYINKA SOKOYA
Good morning learned seniors and friends, I have read the list as sent by ECNBA and shockingly discovered that my name was missing in the list of cleared Aspirants. I equally received a letter of from Ecnba stating the reason for my disqualification subject however to appeal. The ground as stated in the said letter which was sent to my email, is that there was insufficient duration of my seconder as a NEC member. Immediately I saw this I was relieved due to the fact that this ground of disqualification cannot hold with respect to Ecnba. I am aware that my Seconder was the chairman of Osogbo branch between 2017-2019 during which he was a NEC member. My Seconder is equally the current NEC rep of his branch. Consequently I will sporadically appeal the disqualification on this ground. I thank you all for standing by me and for your unfiltered love for me. Let’s us be rest assured that our appeal by the grace of God will succeed. God bless you all.

SABASTINE ANYIA
SINCERE GRATITUDE TO COLLEAGUES AND FRIENDS FOR STANDING BY ME
I thank God and you all my dear friends and colleagues for standing by me through your prayers, calls and texts
Let’s be reminded that this is just the first hurdle, we have to work harder to achieve the goal. I urge you to remain committed to this project, it’ll be our victory.
God bless us all.

MERCY IJATO AGADA
It is with gratitude to the Most High that I’ve been cleared to contest by the ECNBA for the position of the NBA National Treasurer come 24/25 July 2020.
I want to use this medium to thank all my supporters for their supports and consistencies all these while.
I want to immensely thank all my supporters for their calls and congratulatory messages and I need your continuous support until we reach the finish line.
Thank you.

CAROLINE IBHARUNEAFE
Dear learned silks, colleagues and friends of my aspiration. I got the news of my disqualification from the NBA election by the screening committee in the midnight . I wish to announce to you all that I will be appealing that verdict as we have Seven days to do so. Please do not despair but remain focused as I rely on God to upturn that judgement. I encourage you all to continue with the publicity as all efforts are at top gear to correct the anormalies
I remain yours

ADEBAYO AKINLADE
Good morning everyone….I have just been cleared to contest for the position of 1st Vice President of the NBA…. I continue to crave the support of everyone here to reach out to your respective Branches and others on my behalf for the realization of our collective vision.

CHARLES AJIBOYE
Revered Seniors and Treasured Friends,
I thank you for the deep show of love I have felt by the tremendous number of calls, text messages and chats I have received since midnight over the absence of my name for the ECNBA Provisional List Of Candidates for NBA Elections 2020.
You will recall that I obtained and duly submitted nomination forms with accompanying documents for the office of *National Assistant Publicity Secretary*.
That you noticed the omission of my name from the list means to me that you care. I feel so honored and humbled by this. I am more encouraged to throw myself to serve the association we all love, and need to shine so brightly.
I was initially not contacted by the committee. They have since apologized for the slip in the typing of my e-mail address, and have duly reached me this morning on the reason for my disqualification viz:
*”Insufficient duration of your seconder’s membership of the branch executive committee as at close of nominations*”
The good news is that my seconder is a very senior member of Bar, and a two-term(4years) member of the executive committee of the NBA Ikeja Branch. So all we need to do is to utilize the opportunity of Appeal to make this clarifications to the ECNBA.
Nothing has changed please. Lets keep the ball rolling. It’s all about #anewnarrative
You know Charles Cares
You know Charles can assist
Be reminded…Charles is still in

NNAMDI RAPHAEL ANAGOR
Revered Colleagues,
I was cleared by the Electoral Committee of the Nigerian Bar Association (ECNBA) to contest for the office of the National Financial Secretary of our great Association.
Dearest Colleagues I appreciate your steadfastness and support. You all made this crucial victory at the start a reality.
Learned Colleagues your support and prayers were fruitful. I appreciate them.
This is just the first step in the process. I urge you not to relent until this dream becomes a reality.
Once again I thank you all.

AKOREDE HABEEB LAWAL
Dear learned seniors and friends,
The ECNBA has been kind to promptly inform me of the reasons for my disqualification for the office of National Publicity Secretary in the forthcoming bar elections. I trust the process and I believe in its fairness.
It’s easy to have a rush of emotions about this thing, but I’ll simply take my time to do the needful.
By the way, I’ve still got a job to do in my present role as Assistant National Publicity Secretary of our NBA. And I wish to continue in my role without distraction and with the right and desirable attitude.
I thank you all for your genuine concerns, and I urge you not to lose sight of the ultimate goal.

CHINYERE OBASI
Good morning my dear learned Seniors, colleagues and friends I received with shock a mail from the ECNBA stating reason my name is not on the provisional cleared list along side other names.
The mail also indicated that I have within 7 days to appeal.
ECNBA singular reason for not clearing me is that at the point of nomination, that my NEC Membership is less than 2years.
I will appeal because by virtue of my position as a National officer for two years I should be deemed to be seen as a NEC member for two years.
So I will implore everyone to keep calm until I go through the process of appeal within the stipulated time frame of 7 days.
Thank you for all your support, encouragement and prayers.
I really appreciate
all those that have called to show concerns, I owe you all this explanations and I appreciate you all for the immense support and show of love.
Thank you and thank you.

DR. RAPULU ERNEST NDUKA
Dearest Colleagues.
Yesterday the Electoral Committee cleared me for contest for the office of the Publicity Secretary of our noble Association.
This clearance the first step and very crucial in my bid to serve you is down to your support and prayers.
I could not have gotten this far without your prayers, support and counsel.
This is the first step. It is not yet uhuru. We should not relent till we get to the end of the race.
Once again I say a big thank you!

DR. GERALD ABONYI
Having received information on from ECNBA on the lack of information on my Nominator and Seconder, I am taking necessary steps to rectify same. There is no room for retreat. Thanks for believing in me. Keep the faith.

UCHENNA NWADIALO
Good evening colleagues!
To God be the glory, I have been provisionally cleared by ECNBA to contest for the office of ASSISTANT GENERAL SECRETARY of our great association in the forthcoming NBA NATIONAL elections.
Thank you all for your support.

ANNE AGI
Good afternoon dear colleagues. I am happy to inform you that I have been cleared by the ECNBA to contest for the office of *Assistant Secretary* in the NBA National Elections which comes up next month (July 2020).
Thank you so very much for your support all along and your congratulatory messages. I am honoured and very grateful.
Having been cleared, I need your help to scale through. I respectfully appeal for your support. Please spread the word for me in all your branches. It is with your help that I succeed.
Thank you.

AHMED ALHAJI
Disqualification not the End, I Take It in Good Faith
” _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.”

OSAGIE OAIKHENA
I am most grateful to God Almighty , for the privilege to be cleared to contest the office of Assistant Secretary of the Bar, and the Chairman of my home branch, Prince C. B Ogiegbean Esq . I thank my nominator, the erudite bencher, Razak Isenalumhe Esquire, my seconder, Mr. Ebosele Okifo, and leaders including Solomon Odiase Esq, Olawyiwola Afolabi Esq, as well as those who have believe in me… I promise not to dissapoint you all, God bless the Nigerian Bar, and may the Bar never be an undergrowth.

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.

EDITOR'S CHOICE
Jun 13, 2020
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OGUNLANA VOWS TO CHALLENGE ECNBA DISQUALIFICATION

Former Nigerian Bar Association (NBA), Ikeja Branch Chairman, Mr Adesina Ogunlana has vowed to challenge his disqualification to participate in the forthcoming presidential election of the association. The Electoral Committee of the NBA (ECNBA) had listed Ogunlana among those disqualified from the race. It gave no reasons.

However, Ogunlana in a “preliminary response” posted on his verified Facebook channel and cited by CITY LAWYER gave absence of Letter of Good Standing as the reason for his disqualification. He blamed outgoing NBA Ikeja Branch Chairman, Mr. Dele Oloke for his travails, warning that he would fight the disqualification.

The full text of his response reads:

DO NOT BE DISMAYED …..WE SHALL OVERCOME
BEING THE PRELIMINARY RESPONSE OF OGUNLANA ADESINA , ESQ (CHAIRMAN, NBA IKEJA BRANCH 2016-2018)TO THE NOTICE OF LETTER DISQUALFYING HIM FROM CONTESTING FOR THE OFFICE OF PRESIDENT OF THE NIGERIAN BAR ASSOCIATION ( NBA)

THANK YOU
OGUNLANA ADESINA ,ADEMOLA ESQ
13 JUNE 2020

EDITOR'S CHOICE
Jun 13, 2020
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NBA ELECTIONS: OGUNLANA, AKOREDE, OBASI, SHILLINGS AMONG BIG CASUALTIES

• SEE FULL DETAILS OF OTHER DISQUALIFIED ASPIRANTS

The Electoral Committee of the Nigerian Bar Association (NBA) early today released a list of aspirants who have been provisionally cleared to contest the 2020 NBA National Officers Elections. In a statement posted on the verified NBA official website and signed by Mr. Tawo Eja Tawo SAN and Cordelia Eke, the ECNBA Chairman and Secretary respectively, the committee stated that it received nominations from 43 aspirants for various offices.

The ECNBA noted in the statement dated June 12, 2020 that “At the close of the screening of nominations by a sub-committee of Electoral officers of the ECNBA in accordance with the provisions of the Constitution of the Nigerian Bar Association 2015 (as amended) and the Guidelines for the elections made pursuant thereto, twenty-four (24) Aspirants were granted provisional clearance to contest the elections, while nineteen (19) Aspirants were disqualified for various reasons.”

Though the committee did not state the reasons for the disqualifications nor the names of disqualified aspirants, it added that “The disqualified Aspirants have been duly notified of the decision of the electoral officers and their right of Appeal.” The ECNBA also stated that “Any information or objection relevant to the final decision on the eligibility status of the candidates, with supporting documents (where necessary) should reach the ECNBA via email to ecnba2020@gmail.com not later than 4.00PM on the 17th day of June, 2020.”

CITY LAWYER investigations however show that several Bar heavyweights including two incumbent National Officers fell under the ECNBA hammer. Meanwhile, at least three aspirants may coast to victory without firing a shot, no thanks to the disqualification of their opponents. The aspirants that may be returned unopposed include those for the posts of Treasurer, Publicity Secretary and Financial Secretary.

Among those who were hit by the screening exercise is fiery presidential aspirant and former NBA Ikeja Branch Chairman, Mr. Adesina Ogunlana. While his three other competitors were cleared, Ogunlana’s name was conspicuously missing from the list of cleared aspirants.

Another big casualty is incumbent Second Assistant Secretary Chinyere Obasi, who was gunning for the post of Welfare Secretary. Her disqualification, if sustained, may brighten the chances for incumbent Publicity Secretary, Kunle Edun and returnee aspirant, Sabastine Anyia who contested for the position at the last elections. There are indications that another aspirant for the post, Osehon Irehovbude may have also been disqualified.

Also caught in the web of the disqualification exercise is incumbent Assistant Publicity Secretary, Mr. Akorede Habeeb Lawal who was aspiring for the substantive post of Publicity Secretary. The same fate was suffered by Olayinka Sokoya, thus leaving Dr. Rapulu Ernest Nduka as the solitary aspirant for the position.

CITY LAWYER investigations show that the influential and often heatedly contested position of Treasurer may also be clinched without a fight by returnee aspirant, Mercy Ijato Agada following the disqualification of staunch NBA Ikeja Branch bar-woman, Caroline Ibharuneafe. The same is true of the post of Financial Secretary where only Raphael Anagor has been given the all-clear to head for the polls.

Also affected by the wave of disqualifications is prominent Bar-man and Ikorodu Branch power-broker, Mr. S. O. K. Shillings. He was gunning for the post of First Vice President. Another big casualty from the branch is its former Chairman, Mr. Adedotun Habeeb Adetunji who was also vying for the same position.

Meanwhile, the NBA may be bereft of a Third Vice President, as the two aspirants who may have filed their nominations for the position fell under the NBA hammer. They include Messrs Gerald Abonyi and Promise Wobo Iwezor.

The position of Assistant Secretary is likely to be keenly contested, as all three aspirants were given the green light by the ECNBA. They include returnee aspirant Anne Agi, former NBA Lagos Branch Social Secretary, Uche Nwadialo and Osagie Oaikhena of Benin Branch.

It was also a gale of disqualifications among the rank of aspirants for the post of Assistant Publicity Secretary, as three of no less than five aspirants kissed the dust. These include Messrs Henry Chibuike Ugwu of Ihiala Branch, Oladotun Hassan of Epe Branch and Charles Ajiboye of Ikeja Branch.

Meanwhile, three of the presidential aspirants have been cleared to contest for the coveted post, including Mr. Dele Adesina SAN, Dr. Babatunde Ajibade SAN and Mr. Olumide Akpata. All the aspirants for the position of General Secretary were also given the green light to head into the elections. They include Alex Muoka, Joyce Oduah, Okey Ohagba, Nnaemeka Bath Aniche and Christopher Yakemewerigha.

CITY LAWYER investigations show that many of the disqualified aspirants will contest the ECNBA decisions by filing appeals against their disqualification.

EDITOR'S CHOICE
May 16, 2020
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ELECTIONS: ‘NBA OFFERED US READY-MADE VOTING PORTAL,’ SAYS TAWO TAWO

• CONFIRMS CITY LAWYER REPORT
• SAYS FATE OF PORTAL UNCERTAIN
• VOWS THAT ECNBA IS ‘TOTALLY INDEPENDENT’

The Electoral Committee of the Nigerian Bar Association (ECNBA) has admitted that it was handed over a ready-made election portal for the forthcoming National Elections by the Mr. Paul Usoro SAN-led bar association. This confirms CITY LAWYER exclusive report which hinted that the ECNBA may have been preparing for the elections on the basis of the election portal bequeathed to it by the NBA leadership.

CITY LAWYER had in a recent report stated that “It was unclear at press time whether the vendor’s scope of work included a mandate to deliver an election portal for the forthcoming NBA Elections, given the notice issued by the ECNBA seeking proposals to recruit an ‘Information Technology Specialist.’ Among the work to be done by the IT Specialist/ECNBA Partner is, ‘Analyzing the new NBA Election portal system and infrastructure.’ The successful vendor is also required to train NBA staff ‘to use the new IT system.’ ”

Putting the issue beyond speculation, the ECNBA in a statement personally signed by its Chairman, Mr. Tawo Eja Tawo SAN said: “The Committee was briefed that the NBA has its own e-voting platform/portal for elections developed by TAVIA, an IT firm. TAVIA was invited to brief the Committee in conjunction with the NBA IT Officer Umar Gezawa, on the said NBA election platform/portal.”

He emphasized the critical role of the election portal, saying “the success of the elections would depend to a large extent on the electronic or IT platform that would be deployed for the election.” He added that “The need to procure such a platform has been a priority.”

Giving more insights into the “briefing” received from the NBA leadership on the election portal, the ECNBA Chairman said: “Further to the said briefing, the ECNBA decided that in spite of the advantages of such a portal, exploring the use of other viable e-voting platforms if necessary is not foreclosed. As such there was the need to engage an independent IT Consultant that would examine the NBA portal and critique same, its integrity, functionality and suitability or otherwise for the purpose of the elections as well as advise on other options.”

Highlighting additional roles of the consultant, the ECNBA Chairman said: “The Consultant would also be required to identify avenues for possible threats, and advise on how to contain same. Other issues to be addressed include the training of staff and all those associated with handling any part of the e-voting process by the consultant. They would be expected to verify electronically, the votes cast at the end of the exercise.”

Hinting on the fate of the election portal delivered by the NBA, Tawo who is said to be a born-again Christian noted: “Notwithstanding the above, the platform or portal to deploy for the election by the ECNBA would largely be dependent on the advice and report of the IT Consultant.” The ECNBA is currently sifting through applications received from its advertised request for expression of interest to pick its preferred IT consultant.

While the ECNBA Chairman did not state when the committee received the “briefing” from the NBA leadership, there are strong indications that this must have been before April 4, 2020 when the committee issued a “REQUEST FOR PROPOSAL (RFP): IT CONSULTANCY” which gave the scope of work of the IT Consultant to include “Analyzing the new NBA Election portal system and infrastructure.” CITY LAWYER recalls that the ECNBA was appointed by NBA-NEC on March 12, 2020.

At least three National officers who spoke to CITY LAWYER recently vowed that they were in the dark on the NBA website contract, adding that it was never discussed at any of their meetings. They also pleaded ignorance on the identity of the vendor or scope of work contained in the contract. The NBA did not respond to CITY LAWYER enquiries on the subject.

CITY LAWYER investigation however showed that Usoro informed NBA-NEC during its March 2019 meeting of his plan to “revamp” the verified NBA website to enhance its “functional uses.” He had stated that the websites for the Annual General Conference and NBA sections would be hosted on or linked to the NBA website while online payments and online platform for ordering stamps would be incorporated. However, the address was silent on the incorporation of a voting platform on the portal.

Though there are concerns among some stakeholders on the role of NBA staff in managing the elections, the ECNBA may have decided to give substantial roles to the staff. In its latest statement, the committee said: “Other issues to be addressed include the training of staff and all those associated with handling any part of the e-voting process by the consultant.” This aligns with item “f” of the “Scope of work” set out in the request for proposal which lists “Training staff to use the new IT system” as one of the deliverables of the IT Consultant.

While urging all stakeholders to shun “any activity that would be subversive and counter-productive to this exercise,” the committee however assured that it is “totally independent,” adding that “Mr. Paul Usoro SAN and his elected executive have given the ECNBA the needed liberty to do what is just and proper for the benefit of the profession in Nigeria. All candidates for the 2020 Elections shall be treated equally.”

The committee had published a Preliminary Notice of Elections as well as Election Guidelines in the run-up to the elections. Following its Call for Proposals from IT consultants, the ECNBA in its latest statement noted that it was “disheartening” for branches to shun the request to provide the data of eligible voters as requested by the NBA secretariat, warning that this may disenfranchise branch members. It however noted that it is in the process of compiling the Interim Voters Register as well as screening of IT proposals and interviewing of IT consultancy firms.

EDITOR'S CHOICE
Apr 23, 2020
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NBA ELECTIONS: ‘WHAT WE WANT FROM ECNBA’ – ASPIRANTS

As the Electoral Committee of the Nigerian Bar Association (ECNBA) fine-tunes modalities to select its Information Technology Specialist for the 2020 NBA Elections, some aspirants have been speaking on their expectations from the election management body.

While some told CITY LAWYER that they are confident the ECNBA would deliver free and transparent elections, others warned that it may sound the death knell for NBA if the electoral process is not fair and credible.

ALEX MUOKA
I think that it will be difficult to sincerely move forward if we do not admit the mistakes of the past. The official NBA is still in denial that anything untoward happened during the last elections. If we consider the complaints from the last process we will know what to do and or not do this time around.

Last week there was an online discourse by The Torchbearers during which an IT expert discuss e-voting. The synopsis of that engagement will be most instructive. It would be very unfortunate if there is already a predetermined bidder. It means that there is a script being acted out.

The NBA secretariat ought to have credible database of lawyers from the roll and the verification process; also from conference registrations and previous elections (for older lawyers). This data ought by now to have been integrated such that once the evidence of payment of 2020 BPF and Branch dues is inputed the secretariat would produce a clean voters list. Once this data is handed over to the committee the work of the secretariat as far as the elections are concerned is over.

The committee should allow stakeholders to interrogate the processes as they go forward and should take seriously any comments or complaints from stakeholders. There must be a post-election audit before the results are announced.

S. O. K. SHILLING
First, I adopt the submission of Learned Silk Funke Adekoya, Mrs. as reported.

Further, there are fears about the integrity of the process, hence interested party should be allowed to assess the process by their respective experts. This should be done before the negotiation is complete lest it becomes medicine after death. The integrity of this process is already staked if some things have not been done now.

BARTH OKOYE-ANICHE
The Committee should make a thorough screening of the candidates in accordance with the Constitution of NBA. The Committee in all its dealings and (at) each stage of their activities should pay strict adherence to the provisions of the Constitution. And should not conduct itself as to suggest that they already have a candidate in mind.
The issues of our NBA elections always emanate from the point of publishing the list of eligible voters, therefore I advise that the committee should do a thorough work on that and ensure that nobody who is qualified to vote is disenfranchised from taking part in the process.

Transparency is a key to every election. To demonstrate transparency, the Committee should always make their dealings open for members of the Association to scrutinize. There should be in place an avenue to communicate with the members on the activities of the Committee stage by stage. With that they can earn the confidence of members especially when the last election was perceived by many quarters as tampered with.

The members are watching very keenly to see the first step this ECNBA Committee will take especially in the area of selection of partners or ICT Company to work with amongst the bidders. This if gotten right will earn the confidence of people in the Committee. The Committee should be circumspect in that area, because it will make or mar the confidence of members. And finally on that, I suggest that the Committee go with an International ICT Company, or an Indigenous Company with no link to any of the aspirants or their seeming supporters. We have to get it right this time.

I will say that you cannot totally do away with the involvement of the staff of NBA in the electoral process of the NBA. This is because, it is this same staff or employees that are in custody of the NBA machineries and are expected to furnish any ICT Company selected with the materials to work with. So you see, it will be near impossible to conduct any election without them there to supply the data and other things to the external company or body coming to conduct the election. But what we should be talking about is how we make sure that the bad eggs in them will not have anything to do with the sensitive materials for the election, or will not have any involvement with the operation of the machineries. There should be a standing order to curtail the NBA staff’s interference with the sensitive parts of the process.

I think if the Committee follow the procedures laid down in the Constitution and the Electoral Regulation, free and fair election is achievable without stress. What breaches elections is when the supposed umpire begins to have interest in the process whether personal interest or pressured interest. If a foreign ICT Company is involved in the process from the start, I believe they still have the morals not to succumb to any pressure. Generally, I have trust on the Committee, and so far they have my full support. Even though their work is not going to be easy I pray that they succeed to give NBA the best election, in order to bring back the lost confidence in our electoral process.

ADEDOTUN ADETUNJI
Transparency is very key in this. A transparent process to invite leading players in the industry and/or advertising same in the print and/or electronic media to enable suitably qualified companies to bid will go a long way to give us a hitch free process.
I don’t like to sound pessimistic; the committee members are our colleagues and they are men of proven integrity. I do not doubt their ability to deliver on the assignment given to them. I am sure they will perform well and be fair to all concerned.

NBA staff in the circumstance are not members of the committee. The running and workings of the committee to me is the responsibility of the committee members and the successful company eventually selected to carry out the job. NBA staff should not be involved in the electoral process beyond mere/simple administrative runnings.

On the way forward, there is urgent need to improve on the accreditation process in terms of provision of enough time adequate for complaints and redress options. Secondly, there must be satisfactory voters education for members. Thirdly, all the candidates must be enlightened on the modality of accreditation, voting and counting ab initio to avoid misunderstanding of the process. The fourth suggestion is that a clear-cut, credible and acceptable election dispute resolution process should be put in place so as to avoid incessant and embarrassing litigation that have characterized NBA elections lately. Finally, an election review forum should hold where stakeholders can come to compare notes, exchange ideas and recommend better methodologies, if any.

Please send emails to citylawyermag@gmail.com. Copyright 2018 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.

EDITOR'S CHOICE
Apr 22, 2020
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OKUTEPA: ‘2020 NBA ELECTION IS DOOMED IF …’

Fiery Bar Leader and longstanding Nigerian Bar Association (NBA) Chief Prosecutor at the Legal Practitioners Disciplinary Committee (LPDC), Mr. Jibrin Okutepa SAN has predicted that the forthcoming Nigerian Bar Association (NBA) election is doomed to fail if certain challenges remain unresolved.

In an interview with CITY LAWYER, the rags-to-riches senior lawyer warned that unless the allegations that beset previous Bar elections are fully resolved, lawyers should not expect free and fair NBA elections. Continue Reading

EDITOR'S CHOICE
Apr 20, 2020
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NBA MUST ALLOW REAL-TIME MONITORING OF VOTING – GADZAMA

SAYS ‘TAWO TAWO IS A MAN OF INTEGRITY’

Foremost litigator and former Nigerian Bar Association (NBA) presidential candidate, Chief Joe-Kyari Gadzama (OFR, MFR, SAN) has stated that a key requirement for a rancour-free 2020 NBA Elections is “real time monitoring of votes.”

In an exclusive interview with CITY LAWYER, Gadzama, the first presidential candidate to drag NBA to court to challenge the outcome of its national election conducted by electronic voting, also warned that all “principal actors” in the electioneering process must eschew throwing up a preferred information technology specialist to midwife the election.

Giving in insight into the character of the newly appointed Chairman of the Electoral Committee of the NBA (ECNBA), Mr. Tawo Eja Tawo (SAN), Gadzama stated that lawyers in the Abuja axis especially view him “as a man of integrity,” adding however that he “hopes” Tawo would sustain the rating.

His words: “There should be a mechanism to allow real-time monitoring of votes during the voting exercise.”

On the selection of an information technology specialist to partner with the ECNBA to deliver the elections, the leading arbitrator said: “This is a crucial time in the legal profession as we prepare to elect National Officers who will pilot the affairs of the association for the next two years. Any IT company to be engaged must be competent and reputable. Requisite due diligence must be conducted on any prospective IT company before engagement. It must be a company that has no real interest in who emerges as winners of the election other than a reflection of the wishes of the majority of members of the Bar.

“In engagement of an IT company, mechanisms should be put in place to ensure, as much as practicable, that the Principal Actors here do not have any affiliation, interest in or influence over the IT company. I am aware that the ECNBA has issued a request for proposal for IT consultancy. Bearing in mind the above considerations and the pre-qualification requirements in the issued RfP, if strictly adhered to, it should result to the engagement of a competent IT company.”

Speaking on growing concerns that a preferred bidder may be chosen as an IT Specialist for the elections, Gadzama said all efforts should be made to dispel such claim. His words: “You will recall that the outcome of the 2016 and 2018 NBA elections were challenged in Court and as an association, we must do everything reasonably and humanly possible to ensure that the 2020 election is conducted in a transparent manner acceptable to the majority, if not all. This process of course includes the selection of an IT company for the election. Any legitimate concern by stakeholders about the process must be taken seriously and adequately addressed. Remember that confidence and trust are key here.

“As pointed out earlier, there should be clear yardsticks and objective basis for selection of an IT company for this process and all Candidates (particularly presidential candidates) should be carried along. With the considerations already highlighted, I believe that the concerns of stakeholders can be adequately addressed. No system is perfect but once appropriate checks and balances are put in place, these concerns will be sufficiently, if not completely, addressed.”

Gadzama also weighed in on the controversy surrounding participation of NBA staff in the elections. Asked the extent to which the staff should be involved in the elections, Gadzama said: “No doubt, the NBA Constitution 2015 (as amended in 2019) vests the responsibility of conducting National Officers Elections on the ECNBA. Particularly, Paragraph 2.3 (c) of the Second Schedule to the NBA Constitution makes it the duty and responsibility of the Electoral Officers to control, conduct and manage the elections. Also see paragraph 2.1 (a) of the Second Schedule.

“However, there is still some level of involvement of the National Secretariat which, of course, is manned by NBA Staff. For example, paragraph 2.1 (c) of the Second Schedule to the Constitution provides that completed forms received in respect of elections into national offices shall be forwarded to the National Secretariat and thereafter referred to the Electoral Committee. In further demonstration of possible roles of the National Secretariat in the process, I also refer to Paragraph 2.3 (d) of the Second Schedule which gives the National Secretariat the responsibility, in conjunction with the ECNBA, to publish the full list of all legal practitioners qualified to vote.

He adds: “The NBA Secretariat is manned by NBA Staff and, as highlighted above, there are certain roles and activities to be performed by the Secretariat in the process. Because NBA Staff are also human and may have personal interest in the outcome of the election, it is advisable that their participation in the process should be limited and/or restricted to assuage the genuine fears of those who may have cause to worry that they may be used to manipulate and/or confer undue advantage on any candidate.”

Given that he took the unprecedented step of challenging the 2016 presidential election in court, CITY LAWYER asked the popular Bar Leader to plot a roadmap to a rancour-free 2020 National Officers Elections. Gadzama advised that aside from availing all candidates a level-playing field, the ECNBA must eschew arbitrary disqualification of aspirants. Also, voter registration and verification must be transparent while the candidates must be given access to interrogate the electoral process.

His words: “The need for an acceptable NBA election cannot be over-emphasized. The outcome must reflect the choice of the majority of members. The ECNBA must ensure a level-playing field for all candidates.

“In the past, there have been genuine complaints against unjustifiable disqualification of aspirants for elections. A National Publicity Secretary in the previous administration had to challenge his disqualification in Court which gave judgment in his favour. These sorts of things should be avoided. The process of screening of aspirants should be transparent in line with the provisions of the Constitution and no aspirant should be victimised and/or unjustly disqualified.

“All candidates must also be treated equally by the ECNBA. It should be a fair contest. No candidate should be given undue advantage whether knowingly and unknowingly. The candidates must be allowed to investigate and interrogate every step of the election process without interfering with the work of the Committee.

“It is important that the guidelines to be issued by the ECNBA as required by paragraph 2.4(c) of the Second Schedule should be in line with the provisions of the NBA Constitution 2015 (as amended in 2019). The need for the principle of universal suffrage as enshrined in the Constitution to be upheld and given effect cannot be over-emphasized. Universal Suffrage to my mind in this context is the right of all eligible members of NBA to freely vote for candidates of their choice without let or hindrance. Paragraph 2.2(f) of the Second Schedule to the Constitution is also instructive here. Thus, all foreseeable obstacles and/or impediments capable of disenfranchising any member should be contemplated, addressed and eliminated in advance in order to ensure a smooth and acceptable process. There should be a mechanism to allow real-time monitoring of votes during the voting exercise.”

He adds: “Another important area which will be covered in the guidelines is the voter registration process. Voter registration is a pre-condition for voting in the election as stipulated in paragraph 2.2(f) of the Second Schedule to the NBA Constitution. Thus, the registration process should be seamless and transparent. We should be able to have an accurate and verifiable number of registered voters at different levels at the end of the process. Also germane here is that the verification of votes intended in paragraph 2.8 of the Second Schedule should indeed reflect a verifiable process capable of ascertaining the authenticity of any collated votes.”

Though there have been concerns on whether the ECNBA will maintain sufficient independence from the NBA leadership, Gadzama however said its chairman is well regarded by the legal community in Abuja where he practices.

His words: “I want to commend the ECNBA for the good work the Committee is already doing. I have seen the preliminary notice of election dated 15/04/20 already issued by the ECNBA. I am confident that the Committee under the able leadership of Tawo Tawo, SAN will do a good job that we will all be proud of as an association. Tawo is already known to many of us here in Abuja as a man of integrity but this is an opportunity for those who do not know him to review our assessment of him as well as judge his personality. I hope, pray and wish that he sustains the accolade we have given him.”

Mr. Abubakar Mahmoud SAN was declared winner of the presidential election in the NBA National Officers Elections conducted via electronic voting. He polled 3,055 votes while Gadzama garnered 2,384 votes. But Gadzama rejected the results, stating that the election was fraught with irregularities.

A statement by Mr. Garba Gajam and Mr. Steve Abar, Director General and Secretary respectively of the Gadzama Campaign Organisation, said: “Having reviewed the situation and circumstances before and during the elections, to wit: the non-credibility of the elections; the lack of transparency; the non-automatic collation of the results on the display screen; the open partisanship of Mr. Austin Alegeh, SAN (who worked with the ECNBA) for the declared winner; and the delay for over one hour and 20 minutes before releasing the results after the close of polls at 12 midnight on Sunday, July 31, 2016, all these in total disregard for the concerns we had hitherto raised in our previous correspondence with the ECNBA, we hereby, reject the results of the elections and call for the immediate cancellation of same for failing to be credible, transparent, free and fair, and for failing to comply with the provisions of the NBA constitution and the Electoral Guidelines. We also call for the conduct of fresh electronic, not Internet, elections that will be credible, free and fair and in compliance with the provisions of the NBA constitution and the Electoral Guidelines.”

Gadzama was admitted to the Nigerian Bar in 1986 and the Bar of England and Wales (Lincoln’s Inn) in 2008. He took Silk in 1998 – being the first among his 1986 set – and was the Chairman of the National Working Group on Domestication of the Rome Statute in Nigeria. A leading arbitrator and member of several domestic, regional and international arbitral centres, Gadzama has participated as presiding arbitrator, party nominated arbitrator, sole arbitrator and lead counsel in several landmark commercial arbitration matters.

He was Chairman of NBA Abuja Branch and pioneer Chairman of the NBA Section on Public Interest and Development Law (NBA-SPIDEL). A chartered arbitrator, Gadzama is a fellow of several institutes, including the Chartered Institute of Arbitrators (UK), Nigerian Institute of Advanced Legal Studies (NIALS), Institute of Chartered Mediators and Conciliators (ICMC).

EDITOR'S CHOICE
Apr 19, 2020
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Comments Off on NBA ELECTION: ‘DON’T USE NIGERIAN ICT PARTNER,’ ADEKOYA WARNS ECNBA

NBA ELECTION: ‘DON’T USE NIGERIAN ICT PARTNER,’ ADEKOYA WARNS ECNBA

• ‘THIS IS OUR LAST CHANCE’

Former Nigerian Bar Association (NBA) presidential candidate, Mrs. Funke Adekoya SAN has warned the Electoral Committee of the NBA (ECNBA) to steer clear of Nigerian information technology specialists if it plans to deliver free, fair and credible elections.

In an exclusive interview with CITY LAWYER, Adekoya warned that the forthcoming NBA National Officers Elections would be doomed if local ICT specialists are deployed for the elections, adding that “this is our last chance” to restore credibility to NBA’s electoral process given the rancour that has attended previous NBA elections.

She also noted that Nigerian ICT firms have been reportedly unreliable in previous elections. Her words: “Don’t use a Nigerian based entity or system; there are allegations that those used in the past have been hacked into and the voting was compromised.”

Instead, the foremost litigator who is also listed as a “thought leader” by the influential “Who is Who Legal” urged the Mr. Tawo Tawo SAN-led ECNBA to look beyond Nigeria’s shores for established electronic voting entities to conduct a rancour-free poll. She said: “The Committee does not need to re-invent the wheel; there are accredited international election conducting platforms that various Nigerian associations have used to conduct elections for their members for the past few years. Examples are https://www.eballot.com/, https://electionrunner.com/, https://electionbuddy.com/ and https://nvotes.com.”

On concerns that the bidding process may favour a pre-determined bidder, Adekoya said: “If they do that, it will be the death knell for the electoral process in the NBA. The IT platform must be agreed to by all the candidates.”

The former NBA presidential candidate warned that very minimal role must be given to NBA staff in the electoral management process to avoid compromising the poll. Her words: “Their (staff) only involvement should be to provide the election platform with access to the list of accredited voters. This list is all the lawyers who paid their practising fees by 31 March. Their email addresses should be accessible on the ‘Find a Lawyer’ portal of the NBA website.”

The ECNBA seems to have followed previous tradition where NBA staff are deployed as the committee’s clearinghouse. Both ECNBA notices seeking bids from information technology specialists as well as the committee’s preliminary notice on the elections give roles to NBA staff. This has raised doubts on the committee’s resolve not to be tied to the apron strings of the NBA but rather to keep an arm’s length relationship with NBA HOUSE.

On ways for the Electoral Committee to guarantee transparent and rancour-free elections, the highly decorated Founding Partner at AELEX said: “The Committee members must be IT savvy; they must have presided over, organised or been involved in online voting systems before now so they can understand the proposals presented, identify any areas where the system could be corrupted if a locally based provider is used and block all loopholes. In a properly run system, the results should be available within 24 hours.

“For transparency purposes, a delegate of each candidate should be a member of the Election Committee and participate in all decision making processes. Finally, keep Nigerian IT specialists out of the process. With the rancour generated over the last two elections in the NBA and the NMA, we must restore credibility to the system. It’s our last chance.”

Adekoya was in 2014 adopted by the Chief Bandele Aiku SAN-led Egbe Amofin O’odua as its sole candidate for the NBA presidential election. However, a split within the zone saw to the emergence of Mr. Dele Adesina SAN and Chief Niyi Akintola SAN as presidential candidates. Analysts argue that the inability of the Yoruba bloc to present a sole presidential candidate gifted the race to Mr. Augustine Alegeh SAN.

Adekoya heads the Dispute Resolution Practice Group at AELEX. Appointed Notary Public in 1986 and elevated to the rank of Senior Advocate of Nigeria (SAN) in 2001, Adekoya has over 45 years experience in litigation and arbitration. She has acted in numerous disputes as either party appointed Arbitrator, Sole Arbitrator or Presiding Arbitrator. A Life Bencher, she is a member of the International Bar Association (IBA), International Federation of Women Lawyers (FIDA), LCIA African Users Council and a Fellow of the Chartered Institute of Arbitrators (UK).

EDITOR'S CHOICE
Apr 14, 2020
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SPECIAL REPORT: TAWO TAWO SAN – THE MAN WHO’LL MAKE OR MAR NBA

Mr. Tawo Eja Tawo SAN is obviously one of the most important stakeholders in Nigerian Bar circles today. In fact, it is believed that the fate of Africa’s largest Bar association may depend on what he does or fails to do in the coming weeks leading up to the 2020 National Officers Elections of the Nigerian Bar Association (NBA). Continue Reading

ECNBA

WE WILL RESPOND SOONEST – ECNBA CHAIR

• ALSO, MORE VOTERS ON PORTAL THAN ON VOTERS’ REGISTER

ECNBA PURGES 1604 NAMES FROM VOTERS’ LIST

BARS FURTHER CAMPAIGNS

WARNS AGAINST PARALLEL ‘HELP DESKS’

* BAYO OJO, PRESIDENTIAL CANDIDATES, OTHERS SPEAK * OVER 30,000 VOTERS TO ELECT NEXT NBA PRESIDENT * ECNBA BLASTS AKPATA FOR ‘OPEN LETTER’ * AKPATA REPLIES ECNBA, INSISTS NBA PORTAL IS ‘VULNERABLE’ * ECNBA WARNS CANDIDATES AGAINST ELECTION ‘HELP DESKS’

• WARNS THAT GRANT OF ORDER WILL ‘CAUSE ANARCHY’ • SAYS COURT LACKS JURISDICTION TO HEAR MATTER • ‘THIS APPLICATION WILL TRUNCATE NBA ELECTION IF…’ • ‘WE HAVE DONE NOTHING WRONG’

• FATE OF ELECTION HANGS IN BALANCE

• COURT SET TO HEAR SUIT FRIDAY

* SAYS NBA PORTAL IS ‘EXTREMELY POROUS,’ BEING MANIPULATED

* ‘YOUR OPACITY IS A SOURCE OF CONCERN’

* WARNS THAT MANY ELIGIBLE VOTERS MAY BE SHUT OUT

SAYS ‘WE WILL KEEP YOU INFORMED ON ANY NEW DEVELOPMENTS’

BY EMEKA NWADIOKE

• BARS ELECTION DEBATE PLATFORMS • EXTENDS VERIFICATION DEADLINE • MAY VARY VOTING FRAMEWORK • WARNS CANDIDATES AGAINST FLOUTING CAMPAIGN RULES

SAY NBA ICT TEAM IS MANIPULATING VERIFICATION PROCESS

ASK ELECTORAL C’TE TO WAIVE VERIFICATION, BRANCH DUES

WORRY ABOUT NON-DISCLOSURE OF VOTING FRAMEWORK

SAYS VERIFICATION MODEL WILL FOSTER FAKE VOTERS

‘SAFEGUARD YOUR GOOD NAME,’ ONU TELLS TAWO TAWO

The full text of the statement reads:

THE 2020 ELECTIONS OF THE NIGERIAN BAR ASSOCIATION WILL BE RIGGED: HERE IS HOW

I WILL HEAD TO COURT, SAYS FORMER IKEJA BRANCH CHAIR

• ELECTORAL COMMITTEE SCRIBE LOSES FATHER

VOTERS REGISTER, CAMPAIGNS AND ELECTION DATE.

• …. MIXED REACTIONS GREET EXERCISE • “MY EXPERIENCE HAS BEEN TERRIBLE,” SAYS FUNKE ADEKOYA • … WARNS THAT MANY ELIGIBLE VOTERS WILL BE DISENFRANCHISED

• 34, 418 ELIGIBLE VOTERS MAKE SECOND LIST • ECNBA OKAYS VOTER VERIFICATION EXERCISE

SAYS ‘WE WILL KEEP YOU INFORMED ON ANY NEW DEVELOPMENTS’

• SEE FULL DETAILS OF OTHER DISQUALIFIED ASPIRANTS

• CONFIRMS CITY LAWYER REPORT • SAYS FATE OF PORTAL UNCERTAIN • VOWS THAT ECNBA IS ‘TOTALLY INDEPENDENT’

SAYS ‘TAWO TAWO IS A MAN OF INTEGRITY’

* BAYO OJO, PRESIDENTIAL CANDIDATES, OTHERS SPEAK
* OVER 30,000 VOTERS TO ELECT NEXT NBA PRESIDENT
* ECNBA BLASTS AKPATA FOR ‘OPEN LETTER’
* AKPATA REPLIES ECNBA, INSISTS NBA PORTAL IS ‘VULNERABLE’
* ECNBA WARNS CANDIDATES AGAINST ELECTION ‘HELP DESKS’

• WARNS THAT GRANT OF ORDER WILL ‘CAUSE ANARCHY’
• SAYS COURT LACKS JURISDICTION TO HEAR MATTER
• ‘THIS APPLICATION WILL TRUNCATE NBA ELECTION IF…’
• ‘WE HAVE DONE NOTHING WRONG’

• BARS ELECTION DEBATE PLATFORMS
• EXTENDS VERIFICATION DEADLINE
• MAY VARY VOTING FRAMEWORK
• WARNS CANDIDATES AGAINST FLOUTING CAMPAIGN RULES

• …. MIXED REACTIONS GREET EXERCISE
• “MY EXPERIENCE HAS BEEN TERRIBLE,” SAYS FUNKE ADEKOYA
• … WARNS THAT MANY ELIGIBLE VOTERS WILL BE DISENFRANCHISED

• 34, 418 ELIGIBLE VOTERS MAKE SECOND LIST
• ECNBA OKAYS VOTER VERIFICATION EXERCISE

• CONFIRMS CITY LAWYER REPORT
• SAYS FATE OF PORTAL UNCERTAIN
• VOWS THAT ECNBA IS ‘TOTALLY INDEPENDENT’