RESPONSE

ANXIETY, AS ELECTIONBUDDY KEEPS MUM OVER NBA ELECTIONS

ElectionBuddy, the Edmonton, Canada based online voting platform, has kept mum over enquiries on how it plans to ensure transparency in tomorrow’s Nigerian Bar Association (NBA) Elections.

CITY LAWYER had yesterday sent an email to the verified email address of the company as well as to the social media handles of some of its ranking officials.

However, while the email was not returned as undelivered and the post to the company’s Messenger handle indicated “seen,” CITY LAWYER did not receive any response from the company at press time.

It is recalled that the NBA Electoral Reform and Audit Committee chaired by current Electoral Committee of the NBA (ECNBA) Chairman, Mr. Ayodele Akintunde SAN had in its final report stated that “INITS’ report revealed that during the elections on the ElectionBuddy platform, there were two major challenges. The first challenge was that based on the traffic and requests for the results between the first and second hour of the elections, voters and viewers began experiencing service degradation.”

CITY LAWYER sought to know how the returnee ICT Service Provider would tackle this challenge, moreso as the number of eligible voters has doubled to about 60,000 from 29,632 in year 2020.

Aside from seeking to know the transparency features being put in place by ElectionBuddy for the election, CITY LAWYER also sought to know how the ICT Service Provider plans to deal with alleged data diddling, a charge levied by Mr. Dele Adesina SAN, one of the presidential candidates in the 2020 NBA Elections.

CITY LAWYER equally sought assurances on the safeguards being put in place by ElectionBuddy against hackers, whether there are plans for an independent third-party verification of the electoral process, the specific roles to be played by ElectionBuddy and INITS Limited in relation to their collaboration as joint ICT Service Provider, and whether any framework has been put in place to shore up the high level of undelivered credentials to voters, given that about 14,000 of the 29,632 registered voters were unable to vote during the 2020 Elections due largely to non-receipt of ballots.

Meanwhile, there are strong indications that the Electoral Committee may adopt a similar ICT architecture as the one deployed for the controversial 2020 Elections.

CITY LAWYER investigation showed that the same email address through which voters received results of the 2020 NBA Elections was deployed by ECNBA to send out emails on its “Invitation to Manifesto Day and Presidential Debate” and “ECNBA: Test Message on Elections.”

The Electoral Committee has stated that ballots for the 2022 NBA Elections will be received through the same email address. In its latest release on the election, the committee stated that “Your voting link will be sent at 12.00AM GMT+1 on Saturday July 16 to the email address & phone number registered on your profile on the NBA Portal. Please check your Inbox, Spam, Junk and Trash Folders for a message from ecnba@evm.ng for the email.”

Akintunde however told CITY LAWYER that there is no cause for worry, even as he assured that the ECNBA has scheduled its third and final briefing today at 5 pm to answer all queries from stakeholders relating to the eagerly awaited election.

The full text of the Information Release reads:

Distinguished Chairmen, Learned Colleagues

Ahead of the elections on Saturday 16th July, 2022 commencing from 12:00am, please note that there will be a stakeholders meeting& press conference holding today, Friday 15th July, 2022.

Time: 5pm
Venue: 9 Oro Ago Crescent Garki 312, Abuja FCT

For virtual participation, register using the link below: https://bit.ly/3P8Ung9

Kind Regards,
Secretary ECNBA

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  • EMEKA NWADIOKE
  • May 30, 2022
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  • Comments Off on ‘WHY WE DID NOT DISQUALIFY MAIKYAU’ – ECNBA

‘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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  • EMEKA NWADIOKE
  • May 15, 2022
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  • Comments Off on MAIKYAU REPLIES KAYODE BELLO’S PETITION, SAYS ‘I’VE NOT BEEN FOUND GUILTY BY LPPC’

MAIKYAU REPLIES KAYODE BELLO’S PETITION, SAYS ‘I’VE NOT BEEN FOUND GUILTY BY LPPC’

An aspirant for the presidency of the Nigerian Bar Association (NBA), Mr. Yakubu Chonoko Maikyau SAN has responded to the petition by embattled Bar aspirant, Mr. Kayode Bello which urged the Electoral Committee of the NBA (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.”

But in a response dated May 12, 2022 Maikyau stated that section 20(1)(f) relied upon by the petitioner “is inapplicable to my person and to my candidature for the office of the President, Nigerian Bar Association.” He argued that the section deals with removal of National Officers from office, adding that the section “is not only inconsequential but irrelevant.”

The presidential aspirant stated that “I have not been found guilty of any offences or misconduct by the Legal Practitioners Privileges Committee (LPPC) or any other tribunal or Court whatsoever,” adding that “my right to fair hearing under section 36(4) of the Constitution of the Federal Republic of Nigeria (as amended) dictates that until and unless the Disciplinary Committee of the LPPC hears and determines the petition before it, I cannot be subjected to any denial of my right as a consequence of the Petitioner’s petition before the Disciplinary Committee of the LPPC.”

Conceding that the petitioner authored a petition against him at the LPPC, Maikyau stated that he responded to the petition, “thereby joining issues with the Petitioner. I also appeared before the Disciplinary Committee of the LPPC to defend myself, but the Committee decided on 14th June, 2019 to adjourn hearing sine die until the Petitioner’s action before the Federal High Court is determined one way or another.”

He argued that Bello had elected the LPPC to ventilate his alleged grievance, adding that “This petition therefore and this hearing amounts to an abuse of administrative process and forum shopping by the Petitioner.

Maikyau stated that the lawsuit “upon which his petition and indeed this petitioner (sic) was originally founded” was dismissed by Justice N. E. Maha on March 11, 2020, adding that he communicated the outcome to the Disciplinary Committee of the LPPC through a letter dated February 4, 2021.

He argued that “It is based on the foregoing, that I humbly submit, that this Committee cannot entertain this Petition, as doing so would pre-empt the decision of the Disciplinary Committee of the LPPC before which the Petitioner has willingly submitted his grouse against me.” Maikyau however stated that he would “for the abundance of caution” isolate and respond to the kernel of Bello’s petition.

The presidential aspirant restated his response to the Disciplinary Committee of the LPPC, adding that he never lied to the Disciplinary Committee. He said that “Neither myself nor my client disobeyed the Order of Court to allow the petitioner write his exams,” adding that Bello “cannot hang the blame of his failure/refusal to show up to write his exams on the CLE or myself.”

Maikyau also denied scuttling settlement between Bello and the Council of Legal Education, noting that “Counsel have a minimal role to play in parties’ settlement.” He added that he “did not use my position as a Senior Advocate of Nigeria, or even as Counsel to scuttle the Court’s advise (sic) on reconciliation.”

The senior lawyer stated that he “will not be blackmailed by the shenanigans of the Petitioner and his likes who believe that everything that does not go their way is rigged,” adding that “the necessity of me responding to it (petition) is only but one of the sacrifices of offering to serve.”

The decision of the ECNBA is awaited on the petition.

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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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  • EMEKA NWADIOKE
  • May 09, 2022
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  • Comments Off on KAYODE BELLO’S PETITION: ‘MY HANDS ARE CLEAN,’ SAYS MAIKYAU

KAYODE BELLO’S PETITION: ‘MY HANDS ARE CLEAN,’ SAYS MAIKYAU

One of the leading aspirants for the post of the Nigerian Bar Association (NBA) Presidency, Mr. Yakubu Chonoko Maikyau SAN has said that he is not guilty of any misconduct as alleged by embattled Bar aspirant, Mr. Kayode Bello.

Though Maikyau is yet to respond to the current petition by Bello urging the Electoral Committee of the NBA to bar him from participating in the poll for alleged disobedience of court order among others, an earlier response by Maikyau obtained by CITY LAWYER showed that the fiery litigator had denied any misconduct.

In a detailed response to two petitions by Bello dated 13th April, 2018 and 18th May, 2018 urging the Disciplinary Committee of the Legal Practitioners Privileges Committee (LPPC) to among others withdraw the rank of Senior Advocate of Nigeria from the prominent lawyer, Maikyau had urged “that the petition be dismissed as lacking merit and a mere calculated attempt to smear my reputation as a member of the Inner Bar.”

Addressed to the secretary of the Disciplinary Committee Patricia Orhomuru, Maikyau traced the genesis of his firm’s representation of the Council of Legal Education (CLE) to 2016. He said that it was not until 2017 that Bello’s file was handed to his firm following his filing of a lawsuit marked FHC/ABJ/CS/717/2017 against the Council of Legal Education and the Inspector General of Police. He wrote: “Thus, when the suit which gave rise to these petitions was filed by Kayode Bello, it was forwarded to us and we immediately took steps to put up representation on behalf of the CLE.”

He stated that the facts leading to the institution of the lawsuit by Bello took place on March 15, 2017 when the petitioner had an altercation with a female Nigerian Law School student over a preferred seat in the lecture hall, adding that “All entreaties by the Auditorium Marshall and Chairman of the Students’ Representative Council for the Petitioner to give up the seat for the initial occupant fell on deaf ears.”

Continuing, Maikyau stated that “Consequently, the CLE issued a query to the Petitioner dated 15th March, 2017. Rather than respond to the query, the Petitioner made allegations against the Staff and threatened in a letter dated 16th March, 2017, to petition the SDA to the CLE to the Public Complaints Commission.”

According to Maikyau, “The Petitioner also petitioned the Head, Control Room to the SDA to the CLE, which petition was widely circulated on the Nigerian Law School, Abuja campus by the Petitioner. The Petitioner thereafter, paraded himself on the campus with T-shirts bearing inciting inscriptions such as “Onadeko Must Go”. This resulted in other queries to the Petitioner.

He stated that while the Students’ Representative Council issued a disclaimer and dissociated itself from the conduct of the Petitioner, Bello was duly invited to defend himself before the Students’ Misconducts Committee. “Premised on the above queries and invitation, all of which the Petitioner refused to respond to, the CLE took a decision to evict the Petitioner from the Students’ hostel in order to avoid further breach of peace by him (the Petitioner),” wrote Maikyau. “The letter requesting the Petitioner to vacate the Hostel and attend lectures from outside the School dated 21st March, 2017 is attached as Annexure 12. Owing to the Petitioner’s unrepentant conduct, the CLE took the decision to expel the Petitioner from the Nigerian Law School by a letter dated 17th July, 2017.” He noted that the Petitioner commenced the lawsuit, apparently aggrieved by his expulsion from the school.

Tracing the history of the lawsuit and the aborted settlement between the parties in his response dated March 14, 2019, Maikyau concluded: “The foregoing are the facts and circumstances of our encounter thus far as an office with the Petitioner. I, as counsel and indeed the lawyers in my Firm in the execution of our instruction, deny conducting ourselves in any way or manner to frustrate the admonition by the Court to pursue an out of Court settlement. My colleagues and I have with all due respect, conducted ourselves with the highest level of professionalism and deference for the ethics of our noble profession. I have not in any way scuttled the reconciliation process in the above-named case and neither did I abuse the privilege conferred on me as a Senior Advocate of Nigeria. On the contrary, I have striven to uphold the dignity of the rank of Senior Advocate of Nigeria by insisting on due observance of our Rules of Professional Conduct which behoove Counsel to show respect while dealing with colleagues. We offered professional advice to the CLE and the decision not to settle this matter out of Court was entirely that of the CLE. As would be seen in the petitions and in the proceedings of Court (Annexure 32), I have had no personal interactions with the Petitioner in the course of this matter.”

Maikyau then urged the Disciplinary Committee to dismiss the petitions “as lacking in merit” and a plot to smear his reputation as a Senior Advocate of Nigeria.

It was unclear at press time whether Bello’s latest petition has been delivered to Maikyau for his response, even as the ECNBA has assured that the petition would be decided on its merit.

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  • EMEKA NWADIOKE
  • May 08, 2022
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  • Comments Off on PETITION: ‘WE’LL DECIDE MAIKYAU’S FATE AFTER HIS REPLY,’ SAYS ECNBA

PETITION: ‘WE’LL DECIDE MAIKYAU’S FATE AFTER HIS REPLY,’ SAYS ECNBA

The Electoral Committee of the Nigerian Bar Association (ECNBA) has vowed that it will determine the petition by embattled Bar aspirant, Mr. Kayode Bello against Nigerian Bar Association (NBA) presidential aspirant, Mr. Yakubu Chonoko Maikyau SAN on merit.

In a response to Bello titled “Re: Petition Against Y.C. Maikyau as NBA Aspirant,” the electoral committee acknowledged receipt of the original petition and addendum and assured the petitioner that justice would be done.

In the email dated May 8, 2022 and sent via the electoral committee’s verified email address at info@ecnba.ng, the ECNBA also hinted that it would obtain a written response from Maikyau before delivering its decision on the matter.

Signed by its Secretary, Mabel Ekeke, the ECNBA wrote: “Your petitions are duly noted. The ECNBA will consider and determine its merit(s) after reviewing the written submission from the aspirants(sic) in response to the said petitions.”

It is recalled that Bello had through the petition urged the electoral committee to bar Maikyau from taking part in the NBA presidential poll. His words: “It is hereby prayed that Mr. Y.C. Maikyau, an aspirant for the NBA election, 2022, be screened properly based on the foregoing and his candidacy be suspended based on the doctrine of necessity to ensure sanctity and sanity of the noble legal profession. And that the ECNBA should do that which is appropriate and or necessary to sustain and maintain the nobleness of the legal profession.”
Maikyau, a frontline presidential aspirant, declined comment on the matter when CITY LAWYER contacted him, saying that the petition was not addressed to him. “Why should I respond?” he asked. He however expressed readiness to respond to the petition if asked to do so by the electoral umpire.

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