‘WHY WE DID NOT DISQUALIFY MAIKYAU’ – ECNBA

The Electoral Committee of the Nigerian Bar Association (ECNBA) has given reasons why it did not disqualify one of the leading presidential candidates, Mr. Yakubu Maikyau SAN from contesting the forthcoming NBA Elections.

In a letter obtained by CITY LAWYER and addressed to embattled Bar aspirant, Mr. Kayode Bello who wrote a petition to the electoral committee seeking the disqualification of the senior lawyer, the ECNBA ruled that it “has no jurisdiction over the complaint, as the subject matter of the petition is pending before the Legal Practitioners Disciplinary Committee (“LPDC”) the competent statutory body for adjudication.”

Dated May 27, 2022 and titled “2022 ELECTIONS OF NATIONAL OFFICERS OF THE NBA – RESOLUTION OF PETITION DATED 2 MAY 2022,” the electoral committee referred to Bello’s petition dated May 2, 2022 “and the response to the petition received from Mr. Yakubu Chonoko Maikyau, SAN, FCIArb (“the Respondent”) dated 12 May 2022.”

In the letter which was copied to Maikyau, the electoral umpire noted that Bello had “requested that the ECNBA disqualifies the Respondent from contesting for the office of the President of the Nigerian Bar Association (NBA).”

The ECNBA stated that it “has considered the petition and the response to same,” adding that aside from the jurisdictional hurdle which it was unable to surmount, “the power of the ECNBA to disqualify a person who wishes to contest for an office shall only crystallizes (sic) after a conviction of crime by a court of competent jurisdiction or if the candidate is found guilty of misconduct or professional impropriety by the LPDC by virtue of Part VII(e) and (f) Second Schedule of the Constitution.”

Sounding the death knell on Bello’s petition, the electoral committee wrote: “Consequently, your petition fails.”

In a petition addressed to the ECNBA Secretary and copied to CITY LAWYER, Bello had urged the ECNBA “to suspend the candidature of Mr. Y. C. Maikyau as the NBA presidential Aspirant, pending the determination of the disciplinary case against him at the Legal Practitioners Privileges Committee (LPPC) for his misconduct.”

Restating his grouse, Bello wrote: “In summary, Mr. Y.C. Maikyau who stands as presidential aspirant for the office of the NBA President in the forthcoming NBA election has lied to the LPPC that I did not show up at the Nigerian Law School for my Bar Final examination and he has used his office and position as the Senior Advocate of Nigeria to frustrate the reconciliation process between the Council of Legal Education and myself (Kayode Bello).

“The fact that Mr. Y.C. Maikyau lied to the LPPC that I did not or refused to show up for my Bar final examination in 2017 is/was tantamount to perverting justice and conspiracy to disobey the order of the Court.”

Maikyau however denied all the allegations in his response to the electoral body.

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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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‘WHY I SHUNNED KLIEGLIGHTS TO SUBMIT NBA PRESIDENCY FORM,’ BY TAIDI

An aspirant for the post of Nigerian Bar Association (NBA) Presidency and former NBA General Secretary, Mr. Jonathan Taidi has said that the submission of his nomination form and accompanying documents was shorn of any razzmatazz in deference to the “tenor of the times.”

Speaking to CITY LAWYER, Taidi also stated that “to lead the Bar at this time requires deep commitment,” adding that “conduct throughout the NBA electioneering process ought to be solemn and dignified, without razzmatazz.”

His words: “Nigeria is troubled, to put it mildly, and to lead the Bar at this time requires deep commitment – not the usual sort of grandstanding. As a result, after deep reflection, I decided to submit my nomination forms to contest for the President of the Bar. However, cognizant of the spirit of the times, I decided to submit my application solo; no photos, no videos, plain and unaccompanied. For me, conduct throughout the NBA electioneering process ought to be solemn and dignified, without razzmatazz, and I hope that considering the tenor of the times, this becomes a template for other professional bodies and the country as a whole.”

CITY LAWYER recalls that the Electoral Committee of the NBA (ECNBA) had slated 4 pm today as deadline for submission of nomination form and accompanying documents. The election to fill the positions in the NBA National Executive Council holds on July 16, 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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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.”

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