MICRO ZONING

  • EMEKA NWADIOKE
  • 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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  • EMEKA NWADIOKE
  • Mar 26, 2022
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  • Comments Off on MAIKYAU, TAIDI’S FATE SEALED, AS ECNBA ISSUES ELECTION GUIDELINES

MAIKYAU, TAIDI’S FATE SEALED, AS ECNBA ISSUES ELECTION GUIDELINES

The Electoral Committee of the Nigerian Bar Association (ECNBA) has issued guidelines for conduct of the 2022 NBA National Election as well as election into the General Council of the Bar.

According to the Guidelines obtained by CITY LAWYER and dated March 24, 2022 there are strong indications that the committee may have foreclosed the controversy surrounding micro-zoning of national offices. This may brighten the chances of senior lawyer and Chairman of NBA Welfare Committee, Mr. Yakubu Maikyau SAN and former NBA General Secretary, Mr. Jonathan Taidi who are believed to be eyeing the post of NBA President.

CITY LAWYER recalls that Mr. Olasupo Ojo had in a letter to ECNBA faulted the Preliminary Notice of Election issued by the committee, arguing that it did not provide for “micro-zoning” of national offices as mandated by the National Executive Council (NBA-NEC). The letter was titled “RE: ECNBA PRELIMINARY NOTICE OF ELECTION” and dated March 21, 2022. Given that the ECNBA Guidelines were released early today, it was unclear at press time whether it was a veiled response to Ojo’s complaint.

Watchers of NBA politics believe that if implemented, the micro-zoning formula would have shut out Maikyau and Taidi, handing the initiative to leading arbitrator and Chairman of NBA Security Agencies Relations Committee (NBA-SARC), Chief Joe-Kyari Gadzama SAN who is from the North East.

In the Guidelines titled “GUIDELINES FOR THE 2022 ELECTIONS OF NATIONAL OFFICERS OF THE NBA AND NBA REPRESENTATIVES TO THE GENERAL COUNCIL OF THE BAR,” ECNBA merely restated the zoning formula as contained in its Preliminary Notice of Election where it allotted the positions of NBA President and First Vice President to “Northern Zone.”

The committee listed the States under “Northern Zone” to include Adamawa, Bauchi, Benue, Borno, Gombe, Jigawa, Kaduna, Kano, Katsina, Kebbi, Kogi, Kwara, Nasarawa, Niger, Plateau, Sokoto, Taraba, Yobe, Zamfara and FCT-Abuja. This means that aspirants from the North East, North West and North Central can vie for the positions.

The Guidelines also dealt with issues ranging from offices to be contested for in the elections, zoning of offices, qualifications to hold national office, qualifications to hold office as NBA Representative to the General Council of the Bar to issues relating to disqualification of candidates, nomination of candidates, appeals by disqualified candidates, campaign rules and regulations and electronic voting.

On announcement of results of election, the committee said: “At the close of the poll, the ECNBA shall in the presence of the candidates, or their representatives/agents collate and verify the votes before the announcement of results.”

It added that “Pursuant to Part X (1), Second Schedule of the Constitution, the results of the election shall be announced within twenty-four (24) hours of the conduct of elections upon collation and verification of the votes.”

The ECNBA Chairman, Mr. Richard Akintunde SAN had told CITY LAWYER that the committee had received the complaint from Ojo, adding that it would respond “as soon as possible.”

ECNBA Election Guidelines 24 March 2022

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  • EMEKA NWADIOKE
  • Mar 24, 2022
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  • Comments Off on ANXIETY, AS OJO FAULTS ECNBA, DEMANDS ZONING OF PRESIDENCY, OTHERS

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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