MAIKYAU WINS, AS NBA APPEALS C’TE WINDS UP, SUBMITS REPORT

The last hurdle on the path of Nigerian Bar Association President-elect, Mr. Yakubu Maikyau SAN being sworn-in as the next NBA President has been cleared, with the winding up of the appeals process.

CITY LAWYER recalls that Chief Joe-Kyari Gadzama SAN, who was declared runner-up in the elections, had queried the outcome of the election, though he vowed not to file any petition unless the NBA National Appeals Committee (NBA-NEAC) was ratified by the NBA National Executive Council before commencing its work and an audit of the election conducted.

But an unimpeachable source at NBA House told CITY LAWYER that the Appeals Committee has wound up its activities, adding that “The committee has submitted its report.” This has foreclosed the filing of any appeal on the election.

It is recalled that NBA President, Mr. Olumide Akpata had during the week dissolved all Standing Committees, leaving only the Electoral Committee of the NBA (ECNBA) and the Technical Committee on Conference Planning (TCCP) which is spearheading the forthcoming NBA Annual General Conference (AGC).

While members of the first NBA-NEAC LED BY Mrs. Funmi Roberts had resigned en masse following allegations of bias by the Gadzama Campaign Team against some of its members, another committee was quickly constituted to deal with any petitions arising from the 2022 NBA Elections.

Led by former Attorney-General & Minister of Justice, Chief Kanu Agabi SAN, the committee comprised of former NBA President and Board of Trustees Chairman, Dr. Olisa Agbakoba SAN; Cecilia Madueke (Secretary); Mr. Olumide Babalola (Counsel) and Mr. Rotimi Ogunyemi (Resident IT Expert).

The committee had on August 5, 2022 issued guidelines for filing of petitions, pegging the deadline at 7 days. The appeal window lapsed on August 12, 2022. There are strong indications that the committee did not receive any appeal on the election.

CITY LAWYER reliably gathered that the NBA leadership will present the committee and its report to the NBA-NEC for ratification.

Maikyau was declared winner of the NBA presidential election with 22,342 votes while Gadzama polled 10,842 to become runner-up. Immediate past NBA General Secretary, Mr. Jonathan Taidi garnered 1380 votes to place third.

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FHC ADJOURNS ODUAH’S SUIT TO AUG. 23

A Federal High Court sitting in Abuja has declined to grant an interim order sought by the suspended General Secretary, Mrs. Joyce Oduah to reinstate her in her position.

Instead, the court presided over by Justice A. R. Mohammed, sitting as a vacation judge ordered the plaintiff to put the defendant/respondents on notice and adjourned the suit to 23 August, 2022 for hearing.

Counsel to Oduah and former Chief of Staff to NBA President, Mr. Murtala Abdul-Rasheed (SAN), confirmed the ruling to CITY LAWYER, saying: “The court has directed that we put the respondents on notice and come back on Tuesday.”

Oduah had in a lawsuit sought to restrain the newly appointed NBA Ag. General Secretary, Ms. Uche Nwadialo from performing the duties of the General Secretary. She also sought an order to restrain the NBA from acting or relying on the Resolution reached by the National Executive Committee as well as an order directing the Inspector General of Police to assist her in the discharge of her duties as General Secretary.

CITY LAWYER recalls that the National Executive Council Meeting of the association holds on Sunday. The National Officers had resolved to ask the meeting to impeach Oduah as General Secretary for sundry misconduct. Oduah denies the allegations, saying that her actions were in line with the NBA Constitution.

More details soon.

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GADZAMA TO AKPATA: ‘I WON’T FILE PETITION AGAINST MAIKYAU UNTIL ….’

The last has not been heard about the recent Nigerian Bar Association (NBA) Elections as erstwhile presidential candidate, Chief Joe-Kyari Gadzama SAN has vowed not to file any petition at the reconstituted NBA National Election Appeal Committee (NBA-NEAC) unless the reconstitution is ratified by NBA National Executive Council.

In a letter dated August 11, 2022 and made available to CITY LAWYER, Gadzama’s Campaign Organisation demanded “That the instant reconstitution of the NBA-NEAC be ratified by the NBA-NEC in accordance with S.14 (3)(i) of the NBA Constitution, as a condition-precedent to assuming office and duly executing its functions within the mandate of the NBA Constitution.”

Signed by Chief Chukwudi Oli, Director-General of Joe-Kyari Gadzama Campaign Team, and copied to the Chairman and Members of NBA-NEAC, Gadzama also asked “That an independent forensic audit of the NBA National elections of July 16, 2022, including but not limited to election logs, be mandated and conducted forthwith particularly that of the presidential election.”

The Campaign Organisation also decried the “levity visited upon the petition dated 6th May, 2022 (“the Petition”) hereto attached as “Annexure 3”, addressed to the ECNBA by Mr. Tochukwu E. Ohazuruike,” saying it “is a cause for grave concern.”

According to the Organisation, “The Petition was not considered on its merit and this leaves much to be desired. Of substance, the Petition was hinged on the ground that one of the NBA presidential candidates, Mr. Yakubu Chonoko Maikyau, SAN is not constitutionally qualified to contest for the office of President in the 2022 NBA National Officers’ election due to his failure to meet the eligibility criteria of not less than two years membership of NEC at the time of nomination, mandatorily required under section 9(3)(c)(i) of the Constitution and page 1 of the ECNBA’s Preliminary Notice of Election dated 17th day of March, 2022. The Petition also made copious references to verifiable minutes of NEC meetings and signed attendance lists within the period of 2018 to 2020, confirming that Mr. Maikyau, SAN was absent for three consecutive meetings by virtue of which he automatically lost NEC membership at the time under reference pursuant to section 8(8) of the Constitution. And that such period of Mr. Maikyau’s non-membership of NEC cannot be reckoned with for purposes of computation of time as NEC member for his nomination, qualification and participation in the 2022 NBA National Officers’ election, held on the 16th day of July, 2022.

“The Petition also averred that assuming that Mr. Maikyau had not absented from three consecutive meetings under the Mr. Olumide Akpata led NBA dispensation, Mr. Maikyau, SAN has still not and could not have met the NEC eligibility criteria of not less than two years between the timeframe of August, 2020 to the 15th April, 2022 deadline for nomination of candidates which is barely 20 months and thus less than the requisite two years. Thus, the NEC membership of Mr. Maikyau, SAN under the Olumide Akpata led NBA does not also meet the minimum two years’ requirement of NEC membership as stipulated in the Constitution.

“The issues raised in the said Petition, prima facie, are plausible grounds for disqualification and their veracity should have been explored and not waived aside on the basis of technicality. This is more so considering that the response given by Mr. Y.C. Maikyau, SAN (Annexure 4 attached hereto) is a confirmation/admission that, indeed, he was absent from three consecutive NBA-NEC meetings.

“Furthermore, having due regard to paragraph 2.2(d) of the second schedule to the NBA Constitution, 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. Owing to the fact that previous Presidents of the NBA have emerged from the North West and North Central geopolitical zones of the Northern Zone in times past, the import of section 9(3) of the Constitution and paragraph 2.2(d) of the second schedule of the Constitution on the 2022 NBA general election is that it is only the North Eastern geographical zone in the North that is yet to produce the NBA President, and therefore only candidates from the North East are eligible to contest the 2022 NBA Presidential election in view of the rotational principle enshrined in paragraph 2.2(d) of the second schedule to the Constitution. This line of thinking represents the clear and mandatory provision of the Constitution.”

The Campaign Organisation stated that “There is therefore a clear testimony of the incompleteness of the electoral process, which makes it unfair, unfree, non-transparent and non-credible.”

It stated that “While it presently seems that the legal profession in Nigeria is sitting gingerly on a ticking time-bomb, may I ultimately reiterate that the leadership of the Bar has an all-important statutory, legal, professional and moral duty to ensure the protection, promotion and defence of the unity, indivisibility and indissolubility of the Bar in Nigeria which has been glaringly bedevilled by too many a crisis in recent times.”

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MAIKYAU REPLIES PETITION, SAYS NEC MEMBERSHIP INTACT

A presidential aspirant in forthcoming Nigerian Bar Association (NBA) Elections, Mr. Yakubu Chonoko Maikyau SAN has responded to the petition by an Abuja based lawyer that he ceased to be a member of the 2018-2020 National Executive Committee and is not qualified to contest the 2022 NBA presidential election.

In the petition dated 6th May, 2022 and received by the Electoral Committee of the Nigerian Bar Association (ECNBA) on Monday, 9th May, 2022, the petitioner, Mr. Tochukwu Ohazuruike had alleged that Maikyau “is not constitutionally qualified to contest for the office of President in the forthcoming 2022 NBA National Officers’ election due to his failure to meet the eligibility criteria of not less than two years membership of NEC at the time of nomination mandatorily required under section 9(3)(c)(i) of the NBA Constitution.” Ohazuruike later delivered an addendum to the earlier petition where he alleged that Maikyau “did not attend any of the 9 NEC meetings for the period 2018 to 2020.”

In a response dated 12th May, 2022 and obtained by CITY LAWYER, Maikyau stated that “The allegation that I didn’t attend the meetings of the 2018-2020 NEC is hereby denied. I also deny the allegation that my membership of that NEC ceased at any time before the end of that administration. The Petitioner, beyond citing the provisions of the NBA Constitution and alleging that I did not attend meetings, has failed to show that my membership of the 2018-2020 NEC ceased at any time before the 26th of August 2020.”

Continuing, the senior lawyer wrote: “It should be noted that the Petitioner admitted my membership of the NEC for the period between 2018 to 2020, this being no less the action of any institution of the NBA than the NEC itself. Suffice to say that what has been admitted requires no further proof. Nonetheless, see my letter of appointment into the NEC dated 4th May, 2019 attached hereto, as Annexure 1.”

Maikyau argued that the proviso to Section 7(7) of the NBA Constitution “is noteworthy and germane to the resolution of this petition,” adding that “It is clear from the language of the Constitution that the provision is NOT self-executing. Rather, the provision contemplates that a Member of NEC shall cease to be a member ONLY by or UPON a resolution of the National Executive Committee (now Council) to that effect.”

He argued that “it is also clear from the language of the Constitution that, before such a resolution or decision is taken by NEC, terminating a person’s membership on the stated ground, there must first be a hearing and such a member must be given the opportunity to show reasonable cause for his absence to the satisfaction of the National Executive Committee.”

According to Maikyau, “In the petition under reference, the Petitioner has neither shown that there was any resolution of the 2018-2020 NEC terminating my membership of the Committee for non-attendance at meetings, nor has he alleged that there was any such resolution. The Petitioner has also not shown that I did in fact cease to be a member of the NEC. None of the documents which accompanied the petition, show or contain any complaint regarding my alleged absence from any NEC meeting, any deliberation by NEC on such a complaint or any decision of NEC, terminating my membership thereof.”

Maikyau contended that the petitioner’s allegation that he ceased to be a NEC member for non-attendance “must be strictly proved by him and the way to do so is by presenting before the Committee a Resolution of that NEC, duly signed by the President and General Secretary, declaring that I ceased to be a member thereof. May I also reiterate that this ECNBA cannot go into a forensic audit of Attendance Registers and Minutes of Meetings of NEC to decide whether I was attending meetings or not and whether my membership thereof ought to be terminated. It also cannot take a decision to terminate my membership of the 2018-2020 NEC. That is the sole duty of that NEC and it is only the proceedings of that NEC terminating my membership that can form the basis of a petition such as this, I so submit.”

Concluding, the senior lawyer wrote: “I therefore humbly request this Electoral Committee of the Nigerian Bar Association to disregard the Petition and the allegations contained therein as misguided and one predicated on a gross misunderstanding of the Constitution of the NBA.”

The decision of the electoral committee is awaited on the petition.

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SPIDEL APPOINTS FALANA, AMADI TO HEAD KEY GROUPS

The Nigerian Bar Association Section on Public Interest and Development Law (NBA-SPIDEL) has appointed fiery human rights lawyers, Messrs Femi Falana SAN and Sam Amadi to head its two key groups.

Speaking at the recent NBA National Executive Committee (NBA-NEC) Meeting in Abuja, the Chairman of SPIDEL Governing Council, Dr. Monday Ubani stated that the Section has two main objectives which are pursuit of public interest issues and development of legal framework for accelerated economic development in the country.

He informed NEC that the leadership has established two groups, namely The Public Interest Law Group and The Development Law Group for the Section, adding that there is a strong link between law and economic development. While The Public Interest Law Group will be chaired by Mr. Femi Falana SAN, The Development Law Group will be chaired by Dr. Sam Amadi. The membership of the two groups would be announced soon.

He stated that would soon “engage in aggressive membership drive across the entire branches of the Federation. Towards this end, we have laid out a plan to appoint Coordinators and Secretaries in all the branches of the NBA. The Coordinators and Secretaries will recruit and at the same maintain existing membership of the Section in their various branches. Their second task is to help SPIDEL realize its objectives at the grassroot level in the pursuit of citizens’ rights generally.”

According to Ubani, “Membership of the Section is critical to its activities and a fulfillment of our mapped out objectives. Already we have started with aggressive gospel that every lawyer with conscience must first and foremost be a registered member of SPIDEL.

“We therefore solicit that every lawyer of conscience should without any further prompting from us register and join all the suitable committees to help actualize our dream country and legal practice. We need you and the nation needs you more as a lawyer with conscience.”

He informed NEC that the Section has set up an operational office in Abuja and employed a Program Officer to man the office. This is to accelerate the institutionalization process of the Section. The Section has also established SPIDEL Young Lawyers’ Forum. This is part of the institutionalization process and mainstreaming of SPIDEL objectives in the consciousness of young lawyers. “We must consciously and strategically groom our young lawyers to take the legal profession to the next level,” he said.

The Chairman stated that SPIDEL would engage in strategic litigation to push the frontiers of public interest, adding that this would be in collaboration with other NBA Sections and Committees such as the Public Interest Litigation Committee. According to Ubani, the recent Practice Direction issued by the Federal High Court in favour of the Federal Inland Revenue Service (FIRS), a prospective litigant, “requires timely intervention by NBA as the only body that stands as a bulwark against oppression by any government in power.”

On the suspension of Twitter operations in Nigeria, the SPIDEL Chairman said that the Section is collaborating with the Public Interest Litigation Committee to seek legal reliefs, even as Ubani had in his personal capacity filed a lawsuit against the action.

He listed other thematic areas for the new SPIDEL leadership to include Niger Delta Development Project, Promoting the Rights of Internally Displaced Persons, Federalism Project, and 2023 General Election.

Ubani informed the meeting that NBA President, Mr. Olumide Akpata launched a human rights App at the just concluded NBA-SPIDEL Annual Conference in Ibadan code-named “SOROSOKE”. The App is to aid victims of human rights abuses in reporting and tracking such abuses. He said that SPIDEL members at the branch level “would be utilised effectively to seek reliefs on behalf of victims of human rights’ abuses throughout Nigeria.”

He stated that the Section held a successful election after its sold-out Annual Conference, commending members of the Conference Planning Committee which he led as well as the Local Organising Committee and NBA Ibadan Branch “for a job well done.” According to Ubani, the election “marked the end of the eventful tenure of Prof. Paul Ananaba SAN.”

The Council consists of Ubani as Chairman, Dr. Princess Chukwuani (Secretary), Mr. Steve Abah (Vice Chairman), and Ms. Funmi Adeogun (Treasurer). Other Council Members are Dr. Paul Ebiala, Mr. Emeka Nwadioke, Ms. Anne Agi, Chief Kunle Adegoke SAN, Mr. Kunle Edun, Mr. Abdullahi Karaye, Mrs. Igbeaku Evulukwu, Mr. Echo Godfrey, Mr. Kola Omotinugbon and Prof. Paul Ananaba SAN.

The report was received by Akpata. Meanwhile, some NEC members commended the new SPIDEL leadership for paying attention to the Development Law mandate of the Section as well as its resolve to appoint Coordinators at the branch level.

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