UNCERTAINTY

  • EMEKA NWADIOKE
  • Mar 11, 2022
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  • Comments Off on BREAKING: CAC APPROVES NBA AMENDED CONSTITUTION

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

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  • EMEKA NWADIOKE
  • Mar 10, 2022
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  • Comments Off on UNCERTAINTY OVER NBA ELECTION, AS AMENDED CONSTITUTION REGISTRATION STALLS

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.

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