VOTING PORTAL

EDITORIAL: NBA ELECTIONS 2020 – WHY WE MUST GET IT RIGHT

In a matter of hours, the Nigerian Bar Association (NBA) 2020 National Elections will get underway. Unsurprisingly, the election has attracted frenzied interest from key stakeholders. The campaigns have been electrifying.

The run-up to the election has been thorny, occasionally uncertain. The compilation of the voters’ list was a near nightmare. Even on the eve of the election, the Electoral Committee of the NBA (ECNBA) is battling to deliver a clean copy of the voters’ list. Although the Electoral Committee, mindful of the provisions of the NBA Constitution (as amended), had hurriedly published a voters’ list, it soon walked into expected controversies, given the surfeit of duplications and a few strange names on the list.

The Electoral Committee has reported a record 29,635 verified voters in excess of the 39, 321 eligible voters. Given that the 2018 NBA Election posted only 16,825 or less than 50 per cent verified voters out of the 32,228 eligible voters, this is highly commendable. In fact, there are strong indications that this number would have been higher if the verification process was more seamless. What is more, CITY LAWYER reliably gathered that the Electoral Committee members went beyond the call of duty in compilation of the voters’ list. We owe the Electoral Committee members a debt of gratitude for their sacrifice.

Equally refreshing is that the Tawo Eja Tawo SAN-led committee has been especially conscious of meeting the electoral timelines set by the NBA Constitution (as amended), notwithstanding significant challenges posed especially by the coronavirus pandemic.

Accordingly, delivering a clean voters’ list is one solemn duty and commitment the Electoral Committee must not shirk. It is the foundation on which every election rises or falls.

Another issue that has gained currency among key stakeholders is the integrity of the voting portal for the election. While the NBA leadership had incorporated an election portal in the revamped NBA website and offered same to the committee as an option for the election, some key stakeholders have poked holes on the integrity of the NBA Election portal. This has not been helped by the alleged opacity that attended the building of the voting portal.

Some stakeholders have contended that the committee’s reluctance to disclose key elements of the electoral process – including its Information Technology Consultant, the voting portal and its vendor – detracts from the high level of transparency that ought to attend the entire electoral process. On its part, the electoral committee contends that its warehousing of information on the critical election elements is a deliberate strategy to safeguard the integrity of the process. It has also stated that it is speculative that the committee would deploy the NBA Election portal for the poll.

However, aside from the alleged porous nature of the ‘voting portal,’ what is perhaps more worrisome is the speculated tampering with the NBA portal by unknown persons. In a petition to the electoral committee, one of the presidential candidates had alleged that “the NBA portal on which the verification exercise is being conducted appears not to be secure and can be easily manipulated.”

Even more damning is the allegation vide a technical report by the candidate’s ICT experts that Cross-Site Request Forgery (CSRF), an attack that tricks the victim into loading a page that contains a malicious request, “was exploited few weeks ago on the NBA portal where many users made complaints of their password being changed without their taking such actions personally.” Given several complaints by eligible voters on the subject, we urge the electoral committee to thoroughly investigate this charge in order to ensure that it does not imperil the election. This is moreso as the ECNBA has not rebutted the allegation till date.

It is noteworthy that more recent NBA Elections have been strewn with controversies and allegations of rigging. Both have ended up in court, while the 2018 Election led to the filing of a petition at the Economic and Financial Crimes Commission (EFCC). It behoves on the electoral committee to do all within its power to obviate a recurrence and save the noble profession the odium that invariably attends a contentious poll.

There is also the pressing need to activate a functional internal dispute resolution mechanism. As stated in our inaugural editorial, although Section 16 of the NBA Constitution provides that “No aggrieved member shall resort to the court unless his/her complaint must have been considered and disposed of by the Dispute Resolution Committee; provided that such complaint of member shall be decided by the Committee within sixty (60) days of receipt of the complaint,” this has been observed more in breach. Given that the Trustees are the soul of unions such as the NBA, the association’s Trustees are expected to play a crucial role in mediating any dispute that may arise from the elections. However, given that perhaps most of the Trustees have inexplicably thrown their hats into the ring, it remains to be seen whether potential combatants will still repose requisite confidence in them to do justice.

On the other hand, the candidates must not see the election as a do-or-die combat. The spirit of sportsmanship must pervade the entire space. This is increasingly possible where the electoral process is seen to be free, fair, transparent and credible. Winners must also be magnanimous in victory. This will engender the much needed rapprochement at the Bar.

It has been said that electronic voting is no longer rocket science. Not only has many associations in Nigeria deployed it repeatedly for rancour-free elections, technological advancements have made it sufficiently safe, with many reputable and world class e-voting companies pervading the space. Accordingly, everything turns on the political will to deliver a free, fair and credible poll. That will undoubtedly be the best legacy of the Usoro Administration.

EXCLUSIVE: CONCERNS MOUNT ON VOTING PLATFORM FOR NBA ELECTION

BY EMEKA NWADIOKE

‘NO CAUSE FOR ALARM,’ SAYS ECNBA

There are strong indications that the Electoral Committee of the Nigerian Bar Association (ECNBA) is making frantic efforts to fortify the NBA Election Portal and deploy it for the election now shifted to commence tomorrow evening.

The electoral committee had in its latest statement moved the election from midnight today to 11 pm tomorrow, even as it gave no reason for the shift which is coming barely a few hours to the earlier commencement schedule.

But CITY LAWYER reliably gathered that the shift may not be unconnected with strong indications that the electoral committee is yet to conclude a clean-up of the voters’ list. The ECNBA Chairman, Mr. Tawo Tawo SAN had told a stakeholders’ meeting yesterday that the clean-up would be concluded by midnight, while a final list of verified voters was expected to be published today by the electoral committee. A source who is familiar with the process however told CITY LAWYER that the clean-up is still ongoing and may not be concluded until tomorrow. The committee had stated that over 30,000 eligible voters participated in the verification exercise.

CITY LAWYER also gathered that the electoral committee may have insisted on deploying the controversial NBA Election Platform delivered to it by the current administration for the election, even as it is making efforts to plug the gaps on the portal.

However, the ECNBA told CITY LAWYER today that there is no cause for worry, adding that the technology to be deployed for the election would be “seamless.” 

According to a source who is familiar with the process, “They (ECNBA) are still updating the NBA platform up until now. The database of the election collation is now being hosted on another IP. They will only make that one active on the day of the election.”

Continuing, the source said: “The only option they have is implement a third party election collation system like VOTE NOW api, then use it within the NBA portal environment. I believe they are integrating to use a third party collation system within the platform. That is using a system like VOTE NOW but within the NBA or another IP as they know this present one is closely monitored.”

But ECNBA Secretary Cordelia Eke told CITY LAWYER that some of the stakeholders “assumed we were going to use the NBA Election portal.” She however said that the electoral committee “wants the best” and would abide by the advice of its IT Consultants. 

According to the ECNBA scribe, “We have done test runs. The platform we will use tomorrow will be endorsed by our IT Consultants. It is to be noted that the number of eligible voters for the election is a critical factor in deciding on the voting portal. This is the highest number of eligible voters so far when compared with the two previous elections. But rest assured that the process will be seamless. We all have our integrity and we will want to complete this assignment with our integrity intact. We will deploy the best platform for the election.”

Continuing, she said the “silence” on the part of the committee was to ensure the security of the process, adding that some mischief makers were bound to attempt to truncate the process “whichever platform you use.”

She assured that voters will receive a certificate after voting aside from an audit of the entire election, adding that the committee is making extra efforts to clean up the voters’ list and ensure that no eligible voter is disenfranchised. Her words: “Be assured that the voters’ list would be published before the voting exercise.”

It is recalled that some candidates have raised concerns on the reliability of the voting portal, even as the electoral committee refused yesterday to confirm whether the election will be hosted on the NBA Election portal as speculated. The Dele Adesina SAN (DASAN) Group had queried the electoral process, saying: “We are yet to receive any information from the ECNBA regarding the Service Provider who would conduct and manage the electoral process in respect of accreditation, voting, computation of votes, and declaration of results.”

The group also queried compilation of the voters’ list, saying that “the Voters List for Abuja and Lagos Branches, as typical examples, are tainted by severe irregularities which are yet to be addressed, even though official petitions have been written to the ECNBA.”

A technical report by consultants hired by another presidential candidate, Mr. Olu Akpata was more damning on the integrity of the voting portal. In a petition to ECNBA, Akpata stated that “Even more distressing is the fact that the NBA portal on which the verification exercise is being conducted appears not to be secure and can be easily manipulated.”

The report by the ICT experts stated that “we carried out a vulnerability assessment of the web platform with IP 130.61.106.164 and came up with the following deductions: That the NBA Portal is built on Drupal 8, an Open Source Content Management Software. The platform is a template edited for the NBA; That the NBA portal has a vulnerability severity rating between 4 – 7 based on discovered vulnerability exposures.”

The report noted that Cross-Site Request Forgery (CSRF), an attack that tricks the victim into loading a page that contains a malicious request, “was exploited few weeks ago on the NBA portal where many users made complaints of their password being changed without their taking such actions personally.”

The experts recommended the following remedial measures:
* A Unique Customized Secure Platform Built Specifically For The NBA: An organization with such repute and standard as the Nigerian Bar Association requires a unique software architecture and security framework used to build a customized web portal for all its services.
* Remediation of Security Vulnerabilities: This refers to the process by which vulnerabilities identified are resolved and further threats to the platform is prevented.
* Constant Vulnerability Assessment: There should be a set standard procedure for running assessment and penetration test constantly to keep the platform updated in line with global security standards and its defence capable of deterring any such cyber-attacks.

But in a searing reposte, the electoral committee lampooned Akpata for the petition, accusing him of gaining “unauthorized access” to the NBA portal. Said Tawo: “The committee therefore deprecates in strong terms the various attempts by individuals who in an attempt to force the hand of the ECNBA, some of who are members of the profession, to gain unauthorized access to the NBA website and going further to publish a report showing perceived weaknesses of the site to the world. This action is so sad to say, not expected of gentlemen of our noble profession.”

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

  • EDITOR'S CHOICE
  • Jul 27, 2020
  • 0
  • Comments Off on ECNBA MEETS CANDIDATES, KEEPS MUM ON VOTING PORTAL, OTHERS

ECNBA MEETS CANDIDATES, KEEPS MUM ON VOTING PORTAL, OTHERS

BY EMEKA NWADIOKE

* BAYO OJO, PRESIDENTIAL CANDIDATES, OTHERS SPEAK
* OVER 30,000 VOTERS TO ELECT NEXT NBA PRESIDENT
* ECNBA BLASTS AKPATA FOR ‘OPEN LETTER’ 
* AKPATA REPLIES ECNBA, INSISTS NBA PORTAL IS ‘VULNERABLE’
* ECNBA WARNS CANDIDATES AGAINST ELECTION ‘HELP DESKS’

The Electoral Committee of the Nigerian Bar Association (ECNBA) today held a virtual meeting with candidates in the forthcoming NBA Elections and other stakeholders, assuring that the poll will be free, fair and credible.

Tagged “Online interactive session with all Candidates in the NBA National Officers Election 2020, Bar leaders, and Stakeholders,” the meeting was monitored by CITY LAWYER and attended by the three presidential candidates among others, even as some candidates shunned the parley.

In a 12-minute opening speech, ECNBA Chairman, Mr. Tawo Tawo SAN went down memory lane, recalling how the electoral committee conducted the compilation of voters list and the verification exercise. He stated that the committee chose the election portal in line with operational recommendations of its Information Technology Consultant, adding that the process will ensure that “all but only legitimate votes count” and that it is a “national election we can be proud of.”

Tawo thanked Bar Leaders and NBA staff for their cooperation, even as he singled out NBA President, Mr. Paul Usoro for commendation for giving the committee a free hand to conduct the election.

On the choice of IT Consultant for the election, Tawo stated that at the end of the committee’s screening exercise, “a firm which was adjudged to have the requisite experience and expertise and competent in such matters was engaged to work with ECNBA on this project as our consultants. At the time of the engagement of the consultant, the ECNBA had not taken any decision as to the platform to be used for the election, as mentioned in our statement No. 006.”

Indicting one of the presidential candidates, Mr. Olumide Akpata for what he termed “unauthorized access” to the NBA website, the electoral committee chairman said: “The committee therefore deprecates in strong terms the various attempts by individuals who in an attempt to force the hand of the ECNBA, some of who are members of the profession, to gain unauthorized access to the NBA website and going further to publish a report showing perceived weaknesses of the site to the world. This action is so sad to say, not expected of gentlemen of our noble profession.” He stated that the committee is confident of its IT Consultants and their expert advice on the technical aspects of the election.

In his remarks, former NBA President, Chief Bayo Ojo SAN warned all stakeholders that “we are in this together,” noting that having criticized the government on electoral misfeasance, “now is the time to show how to do it and do it well.” He urged the electoral committee to ensure that the election is “free, fair and credible,” adding that the candidates must exhibit the spirit of sportsmanship, as only one person can win the race.

Following several questions from some candidates, Mr. Alozie Echeonwu was invited by the electoral committee chairman to throw more light on some aspects of the election.

Said Echeonwu: “The chairman did not say that the election will be on the NBA website. The chairman has not disclosed the election protocol. The platform upon which this election will be run is considered a sensitive election item. The protocol will be released to everyone whose name is on the voters’ list and who has properly done his verification. The protocol is a do-it-yourself form of protocol and everybody’s unique credentials will be delivered to him. Each credential is unique to each voter and under no circumstance should these credentials be shared with any other person.

He assured that “the architecture for the election is reliable,” adding that the ECNBA is the “only umpire” for the election and that the consultant “is not conducting the election. We take responsibility for the election.”

He stated that there would be proper voter education directed to eligible voters, emphasizing that the voting platform is “very secure; very secure. You can go to sleep. The architecture is such that you may be given access to monitor the election wherever you are; and after the elections, there will be a post-election audit. A post-election audit will expose everything for anybody who is minded to do further study on it to please go ahead.”

Stating that each voter would be availed proof of his voting, Echeonwu said: “The architecture is automated. Everybody voting can verify; in fact, when you vote, you get a certificate. Each voter will receive a certificate as to the activities he carried on. You can self-audit the process.” He assured that eligible voters will receive their credentials, voter education and details of the protocols “in good time.”

Addressing the thorny issue of voters’ list, Tawo said though the committee had published the “final voters’ list,” the ECNBA had stated that the list “was being cleaned because of the duplications. We expect to publish the clean list after the outstanding verifications, the backlog has been cleared tonight. So, that will be done.”

In his remarks, Akpata noted that he sent in over 12 questions to the electoral committee, adding that “the issue of transparent and credible election lies at the heart of every election, and it must be seen and felt by all participating in the process.”

Responding to the allegation of unauthorized access to the NBA website, Akpata said: “Obviously, that reference was to me. Mr. Chairman, access to the portal is open to all. Maybe that’s the point some of us are making. It is free to all to study. As you know, Mr. Chairman, this is the first meeting we are holding with ECNBA in this entire process – two days to the election. So, we have not had information. The only information we have had is that the portal – in fact, the infographics released (shows) that is where the election will be held. Some of us (are) concerned about that website, that portal and the fact that it appears vulnerable. And we asked experts, please advise.”

He stated that he was aware the website was not developed by the electoral committee, adding that he was “not ascribing blame to anyone. We are saying, ‘Let’s be careful because this portal may be vulnerable.”

Noting that “We are all stakeholders and the cost of silence is too high,” Akpata queried: “Can it (voting portal) withstand multiple concurrences for about 40,000 voters?” He also expressed worry that “there’s little information out there.”

While Echeonwu stated that the NBA website was “for verification,” ECNBA Secretary Cordelia Eke asserted that “I do not believe the ECNBA at any time said election will be conducted on website.” But Akpata insisted that the infographics state otherwise.

Continuing, Echeonwu said: “Let me make it absolutely clear that the protocol for the election has not been released by ECNBA. Someone had alluded that ECNBA released the election protocol. Please consider it an unhealthy and malicious circulation. When ECNBA releases its protocol it will come directly to you and everybody will know.
“We are working with a timeline. We have assured you it is a seamless process. It is a do-it-yourself process. You don’t need to contact any help desk other than the ECNBA Help Desk to help you. You don’t need to set up any Help Desk; you will be crossing the boundaries if you do that. We would consider that crossing the boundary.”

One of the presidential candidates, Mr. Dele Adesina SAN expressed worry that the electoral committee barred campaigns via travels and the electronic media, noting that eligible voters need “information dissemination to make informed decision.”

Responding, a member of the committee, Prof. Augustine Agom stated that the electoral committee’s guidelines were informed by the NBA Constitution. He added: “The election is going to be free; it is going to be fair. It is going to be credible. You can take this to the bank.”

On his part, another presidential candidate, Dr. Babatunde Ajibade SAN commended the committee for “operating under unusual circumstances,” a veiled reference to the coronavirus pandemic. He however sought clarification on when the election protocols would be made available to the candidates as well as the modalities for deploying election agents in the ECNBA Situation Room.

Responding, the ECNBA Chairman promised that “We will communicate (this) to candidates in the shortest possible time.”

Aside from the presidential candidates, others that attended the virtual meeting are Messrs Adebayo Akinlade, Sulayman Adamu, Kazeem Adeyemo and Alex Muoka. Others are Joyce Oduah, Okey Ohagba, Christopher Yakemewerigha, Anne Agi, Uche Nwadialo, Sabastine Anyia, Kunle Edun and Olayinka Sokoya.

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

AKPATA CARPETS ECNBA, SAYS ELECTIONS WON’T BE FREE, FAIR

BY EMEKA NWADIOKE

* SAYS NBA PORTAL IS ‘EXTREMELY POROUS,’ BEING MANIPULATED

* ‘YOUR OPACITY IS A SOURCE OF CONCERN’

* WARNS THAT MANY ELIGIBLE VOTERS MAY BE SHUT OUT

A leading presidential candidate in the forthcoming Nigerian Bar Association (NBA) Elections, Mr. Olumide Akpata has raised alarm over what he called “looming disenfranchisement of voters and possible manipulation” of the elections, saying the operations of the Electoral Committee of the NBA (ECNBA) is bedeviled by “general opacity.” In a three-page letter to the electoral committee, the former NBA Section on Business Law (NBA-SBL) Chairman urged the electoral body to urgently address these concerns to reassure stakeholders.

In the three-page letter titled “Urgent need to avert the looming disenfranchisement of voters and possible manipulation of the forthcoming NBA 2020 elections,” Akpata who is a Founding Partner at TEMPLARS, a tier-1 law firm, commended the electoral committee “for its good intent and efforts towards conducting credible 2020 elections into the national offices of the NBA.”

He however said he was constrained “to register respectfully my reservations concerning the persistent issues affecting the voters’ register and verification process.” He identified three major factors that may imperil the elections, including “seriously flawed final voters’ list,” “frustrating and cumbersome verification process,” and “opacity regarding the technology and modalities for the elections.”

In a damning rebuke of the electoral body, Akpata frowned on what he termed the “general opacity regarding the conduct of the forth-coming elections,” adding that while he is keen to see that the elections are free, fair and transparent, “The realities surrounding the electoral process presently, with respect, do not suggest that this would be the case, as I explain below.”

According to him, the final voters register as published by the ECNBA is fraught with “tell-tale duplicity of names,” adding that “whilst the final voters’ list contains both duplicated and apparently non-existent names, I am informed that it omits a significant number of NBA members who paid their BPF and Branch Dues on time.”

On the verification exercise, Akpata stated that it “appears to have the effect of preventing prospective voters from exercising their franchise,” adding that “In many cases, it takes days for verification emails to be sent whilst some members simply do not get verified no matter how many times they try.”

Akpata stated that it is “more distressing” that the NBA portal on which the verification exercise is to be conducted appears not to be secure and can be easily manipulated.” He said that a report from an IT consultancy firm recruited by him to assess the vulnerability of the NBA portal “shows clearly that the portal is extremely porous,” adding that the portal “has serious vulnerabilities which could be exploited by anyone to manipulate the process in favour of or against particular candidates.”

He noted that lack of information on specific modalities for the elections is “quite disturbing,” adding that “the ECNBA needs to address the point publicly now.” Noting that the 2018 election “raised many valid concerns which must be avoided this time around,” Akpata warned that “Anything short of a fully transparent, free, fair, credible and user-friendly electoral process in the forthcoming elections would thoroughly offend the collective sensibilities of the members of the NBA which the ECNBA was constituted to serve.”

He demanded that the electoral body should publish “a complete and accurate list of eligible voters in the forthcoming elections” as well as release the statement of account from Access Bank Plc evidencing NBA members who met the March 31 deadline for payment of Bar Practising Fee.

Akpata also asked the ECNBA to “simplify and secure” the verification process and disclose the technology to be deployed for the elections, the IT vendor and measures put in place to secure the voting portal.

Suggesting that the electoral committee jettison its insistence on  a Nigeria registered IT company as vendor for the elections, Akpata stated that most professional associations including NBA Lagos Branch had deployed “technology service providers that specialize in electronic voting.” He urged the ECNBA to “adopt this standard” to ensure free and credible elections.

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

 

 

 

  • EDITOR'S CHOICE
  • Jun 19, 2020
  • 0
  • Comments Off on ‘WE HAVE DUMPED ICT FIRM, NOT NBA VOTING PORTAL,’ SAYS TAWO TAWO

‘WE HAVE DUMPED ICT FIRM, NOT NBA VOTING PORTAL,’ SAYS TAWO TAWO

BY EMEKA NWADIOKE

The Electoral Committee of the Nigerian Bar Association (ECNBA) has resolved that TAVIA Technologies Limited, the company that built the NBA Election website, will not conduct the e-voting for the forthcoming NBA Elections.

Disclosing this in an interview with THISDAY LAWYER, ECNBA Chairman, Mr. Tawo Tawo SAN however stated that the electoral committee may still deploy the election platform built by the ICT firm for the forthcoming NBA Elections. The committee did not also state whether TAVIA would be given any other role in the run-up to the elections.

His words: “It may be of interest to point out that, the IT firm, TAVIA, that developed the NBA election portal/platform, is not conducting the e-voting election for the NBA; rather another IT consultant will do that.”

According to the ECNBA helmsman, “there was the need to engage an independent IT Consultant to analyse, assess and critique the portal as to its integrity, functionality and suitability for the elections, or otherwise advice (sic) on other options.”

CITY LAWYER had in an exclusive report on May 11, 2020 hinted on the existence of a ready-made election portal commissioned by the Mr. Paul Usoro SAN-led administration thus: “It was unclear at press time whether the vendor’s scope of work included a mandate to deliver an election portal for the forthcoming NBA Elections, given the notice issued by the ECNBA seeking proposals to recruit an ‘Information Technology Specialist.’ ”

The existence of the election portal was subsequently confirmed by the ECNBA Chairman in ECNBA PRESS STATEMENT NO. 003 released on May 15, 2020 when he said: “The Committee was briefed that the NBA has its own e-voting platform/portal for elections developed by TAVIA, an IT firm. TAVIA was invited to brief the Committee in conjunction with the NBA IT Officer Umar Gezawa, on the said NBA election platform/portal.”

According to the electoral umpire, the final decision on whether the ready-made NBA voting portal would be deployed for the election would be based on an assessment of the integrity of the election website by the committee’s Information Technology Specialist. It was unclear at press time whether the committee has chosen a specialist, as it is yet to issue any statement in that regard.

Noting that there are advantages of a dedicated NBA Election Portal for all times, Tawo however said that the fate of the portal spearheaded by the Usoro Administration will be determined by the committee alongside its consultant, adding that “the e-voting portal to deploy for the election would depend on the advice and report of the IT Consultant engaged for the election, upon analysing the existing NBA election platform.”

He also gave insights on the challenges facing the committee in midwifing a free, fair and credible election. The full text of the interview is below:

NBA Elections Will be Free, Fair and Credible
The Nigerian Bar Association (NBA), is unarguably the largest professional body in Africa. With almost 200,000 members, the body’s biennial elections come with understandably humongous challenges. This year’s elections to its national offices present no less, and Mr Tawo Eja Tawo, SAN has been given the herculean task of midwifing the elections, which will be by universal suffrage and e-voting. In a chat with Onikepo Braithwaite and Jude Igbanoi, he outlined the responsibilities of the Nigerian Bar Association Electoral Committee (ECNBA) of which he is Chairman, and gave insights on how his Committee intends to deliver a free, fair and transparent election next month

A few weeks ago, you assured Nigerian Lawyers that your Committee would deliver a credible, free and fair election. What specific plans do you have in place to fulfil this promise, given the fact the last few elections of the Nigerian Bar Association were trailed with controversies?
The assurance to deliver a credible, free and fair election for the NBA, still stands. To achieve that, we will ensure adherence to the attributes or ingredients of a credible, free and fair election, to wit, inclusiveness, transparency, accountability and competitiveness in the 2020 general elections of the National Executives of the NBA. Inclusiveness; where members of the Bar are provided equal opportunities to participate in the elections either as voters or candidates subject of course, to the Constitution of the NBA. Transparency; where members and stakeholders can verify independently, the conduct of the electoral process. Accountability; where the rights of the members with respect to the conduct of the stakeholders and candidates in the election is sustainable, and competitiveness where members will have reasonable and equal opportunities to compete in the elections.

The Committee has a road map of activities for the election, which commenced with the issuance of a preliminary notice for the elections. Thereafter, the guidelines for the elections were issued, and nomination of candidates opened on May 11th, 2020 and closed on May 29th, 2020. We are in the process of screening the nominees, before publication of the list of candidates. There shall be a period for appeals, as provided for in the election guidelines. We have, and shall be issuing periodic statements, to put members in the know of the activities and the electoral process.

We are aware that one of the keys to the successful delivery of our electoral mandate, is the compilation of an authentic and credible voters register consisting of only the names of eligible voters as prescribed by the Constitution of the NBA, in order not to disenfranchise any qualified member from voting. Secondly, since the election is by e-voting, the deployment of a suitable election portal/platform that is easily accessible and user friendly is very important, and this has to be done on the advice and in consultation with a credible IT Consultant engaged for the purpose of assisting in the conduct of the election, which will also include voter education for the use of the election portal.

Nigerian Lawyers were shocked when you stated in a recent press release, that the NBA presented your Committee with an already prepared e-voting platform, over which your Committee had no input. This has raised serious apprehensions in the minds of many, that it could be a ploy to rig the elections in favour of a particular candidate. Is your Committee ready to accept that voting platform to deliver the election? If so, how will you be able to convince Lawyers that the elections will be free and fair?

If you had the opportunity of reading my press statement No. 003 of May 15th, 2020 captioned “The Journey so far”, you would have discovered that those were not my words. However, I want to believe that was the understanding of the reporter who chose such a headline for his story. What I said was that, the Committee was briefed that the NBA has its own e-voting platform/portal for elections developed by an IT firm.

I did not say the e-voting platform/portal was developed specifically for the 2020 elections, and neither did I say anything that should warrant an inference that the NBA developed platform was created for the purpose of rigging the elections, far from it. It may be of interest to point out that, the IT firm, TAVIA, that developed the NBA election portal/platform, is not conducting the e-voting election for the NBA; rather another IT consultant will do that. I went further in that statement to state that, in spite of the obvious advantages of the NBA portal, namely reduction in cost and security of members data vis- a-vis deployment of another election platform or portal, there was the need to engage an independent IT Consultant to analyse, assess and critique the portal as to its integrity, functionality and suitability for the elections, or otherwise advice on other options.

Let me say this, we as a people, not just Lawyers but Nigerians, have so much programmed and skewed our mind set and perception to negativism and pessimism, that we fail to see or look at the good side or intention of a particular exercise or project; rather we look and search for the bad, the ugly and the hidden agenda, even when none exist.

That is why bad news sells faster. Having said that, what is wrong for an organisation that conducts a crucial election biannually to develop an election portal for use for its elections, rather than every two years an IT firm is commissioned or contracted to develop an election portal for the election, and discard same afterwards?

However, like I stated in the said Statement No. 003, the e-voting portal to deploy for the election would depend on the advice and report of the IT Consultant engaged for the election, upon analysing the existing NBA election platform.

Despite your warning to candidates for the various offices, it does appear as if your warning was observed in breach, as many of them have been on all media platforms practically campaigning and canvassing for votes, even when the ban had not been lifted.

How do you intend to assure that all candidates play by the rules? Do your rules and guidelines permit aspirants traversing the length and breadth of the country, visiting Branches to seek for votes? If not, what are your Committee’s plans to deal with this? What exactly do your rules permit for the canvassing for votes? After all, candidates must make themselves known to the electorate at large to share their manifestos and win them over.

The ECNBA has general powers to conduct the 2020 general elections of the NBA; those powers are however, subject to the NBA Constitution. It is in consequence of those powers, that we issued guidelines for the election. The ban for the campaigns has not been lifted, because there are no candidates for the elections yet. Assuming at this stage an aspirant embarks on a campaign spree and upon screening he or she is rightly disqualified from contesting the election, of what benefit would the campaign be? Come to think of it, and in all frankness, what is the campaign for the NBA election all about? Is it for vote buying or letting members know the candidate’s program for the Association and its members? If it is for the latter, paragraph 1.3(f) of the second schedule to the NBA Constitution 2015 (as amended) has taken care of that, to the effect that candidates are to submit copies of their curriculum vitae, comprehensive manifestoes and other campaign materials to the ECNBA for publication on the NBA website. Besides, with a few inquiries from colleagues, members will be able to ascertain and determine the capability of any of the candidates.

The essence of the guidelines and constitutional limitations and prohibitions to campaigns, such as traversing and criss-crossing the entire length and breadth of the country for votes, is to discourage unnecessary spending of money with the attendant urge to recoup same upon being elected.

In terms of any breach of the guidelines or the constitutional provisions by the candidates, we are monitoring the activities of the prospective candidates and their supporters, and we shall not hesitate to impose appropriate sanctions for any violation. This also brings me back to the issue of accountability which I mentioned earlier, as an ingredient of a credible election which pertains to members’ rights to question the conduct of the stakeholders and the candidates for the election.

Some Aspirants have been accused of enticing young Lawyers with juicy monetary offers, by asking them for their account numbers to help pay their practicing fees and Branch dues. Does this not amount to inducement and election malpractice? How are you responding to such allegations?

Inducement or monetary offers to voters, is vote buying simpliciter. It is an anathema to the tenets of democracy, and portends grave damage to any society or organisation that encourages it, as it will scuttle the right to conscientiously call those elected through vote buying to account. In fact, it is inexcusable, both for the vote buyer and the vote seller.

Yes, asking for account numbers from some members for the payment of their Bar practicing fees and branch dues by aspirants or prospective candidates, especially during the election year, amounts to an inducement and election malpractice. However, those are general allegations which we cannot act upon, without proof or evidence of such allegations. That notwithstanding, if the Committee by whatsoever means and ways finds out that any aspirant or candidate indulges or indulged in such or any other malpractice, the full weight of the relevant constitutional provisions will be brought to bear on such aspirant or candidate.

What is your position on ethnic endorsement or adoption of Candidates, despite the fact that the election will be by universal suffrage?
In my humble opinion, there is a seeming difference between endorsement of a candidate and adoption of a candidate. Endorsement of a candidate, is the support or approval of a candidate by a person or group of persons. Adoption of a candidate, on the other hand, is the choice to make a candidate a group’s own candidate, i.e. the group of persons put forward the candidate as their own and only candidate.

Generally, endorsements and adoptions are integral to democracy. Adoption is usually an off shoot of consensus amongst the aspirants or candidates, and the group or platform the candidates seek to represent. It follows therefore, that in the absence of a consensus, adoption of a candidate by a group becomes more or less ineffectual, because other candidates may likely emerge in defiance of the adoption. Having said that, adoption on its own is not bad in a democracy, provided there is a consensus.

My take here is that, adoption arising from a consensus is good because it tends to reduce acrimony, rancour, as well as tension, and brings about collaboration, peace, synergy, unity of ideas and understanding, not only amongst the aspirants or candidates, but also amongst the electorates.

The interim list of voters just released by your Committee, is riddled with so many errors and omissions. Although there is said to be a window of opportunity to correct these errors, it has been revealed that many Branches claim that they don’t have the capacity to verify the list of their members who have paid Branch dues. This will undoubtedly affect the eligibility of many voters. What remedies are available to ensure that Lawyers are not unduly denied their right to vote?

It is not correct to say that the interim voters list released by my Committee is riddled with so many errors and omissions, especially when the interim list is considered with the accompanying ECNBA statement No.005 in view. The import of your statement on the purported errors and omissions, is that the errors were occasioned by the Committee, and that is far from the truth.

Paragraph 1.2(f) of the second schedule to the NBA Constitution predicated the eligibility to vote at the elections on the twin requirement of payment of Bar Practicing Fees and Branch Dues as at when due, which by the Constitution is the 31st day of March of the election year, in this case 2020. To compile the voters list, the Committee’s resource for the assignment is the Bar Practising Fees list from the National Secretariat of the NBA, since Bar Practicing Fees is paid to NBA National, while the Branch Dues list from the 125 branches of the NBA, since the Branch Dues are paid to the branches. Paragraph 1.3 (d) of the second schedule to the NBA Constitution stipulates that the full list of all legal practitioners qualified to vote shall be published by the ECNBA in conjunction with the National Secretariat of the NBA, at least 28 days before the date of the election.

Bearing in mind the said paragraph 1.3(d), the Committee asked the National Secretariat to request from the branches, the list of their members who have paid their branch dues. Based on our request, the General Secretary of the NBA early April 2020 requested for the said list from the branches, giving them about three weeks to do so. When the Committee realised that the response from the branches was very poor, it stepped in and made the request for branches to submit the said list of their members with proof of payment of branch dues not later than May 2nd, 2020.

The time was further extended to May 9th, 2020. Thereafter, the time for submission became open ended so to speak, just to accommodate all the branches. It was disheartening that as at May 29th, 2020, only about 36 out of 125 branches complied with the Committee’s request. From the list we got from the branches with proof of payment of branch dues matched with the Bar Practicing fees list from the NBA Secretariat, we could only compile a list with slightly below 10,000 names. The Committee had to fall back on the stamp and seal list of those who paid both their bar practicing fees and branch dues, and applied for the stamps. The rationale for the stamp and seal list is the assumption that to apply for stamp, the member must have paid both the bar practicing fees and branch dues. The stamp and seal list was obtained from the National Secretariat, bearing in mind the provisions of paragraph 1.3 (d) earlier mentioned. That was how we were able to get over 21,000 names, on the interim list.

The publication of the interim voters register was a strategy adopted by the Committee, to ensure the compilation of a credible voters register. It was a clarion call for the branch Chairmen to take responsibility, and for members to call out their branch Chairmen to do the needful, in order not to jeopardise their chances of voting in the election. I want to reiterate and reassure that, no Lawyer with proof of eligibility to vote will be excluded and/or disenfranchised howsoever, from the elections.

I call on all members and branch Chairmen to utilise the window of opportunity created by the publication of the interim voters register, to do the needful. I am happy with the response so far from the branches, and must say that the strategy is paying off.

How is the issue of Lawyers who were unable to pay their practicing fees before the deadline as a result of the Covid-19 lockdown, being resolved?

The period and time of payment of Bar practicing fees as at when due is a constitutional issue, which to me requires a constitutional solution i.e. constitutional amendment. Aside, procrastination and the culture of last minute rush by most people, I am not exempt, to meet datelines can be detrimental sometimes. I want to believe that, that was what affected most of our colleagues who couldn’t pay their BPF before March 31st, 2020 due to Covid-19 pandemic lockdown on March 25th, 2020, especially those in Lagos, Abuja and Ogun State. In any case, I do not rule out the fact that some junior colleagues may not have got the resources to do so before the lockdown.

What would you say are your biggest challenges in this crucial assignment, before and after the elections?
For now, my biggest challenge before the election is the compilation of an authentic and credible voters register for the 2020 general elections of the National Executives of the NBA, occasioned in the main by the initial lack of cooperation from most members and their branch Chairmen. To put a stop to the blame game, I was compelled to discuss and interact with some branch Chairmen via phone calls to ensure progress of the process, and the initial feedback was not encouraging. Some said members, have failed to produce evidence of branch dues payments and the like. But, I am happy to state that, most branches rose to the occasion, and the level of cooperation in that regard became remarkable. In any case, the Committee will not act contrary to the letters of the NBA Constitution.

On the issue of challenges after the election, we are yet to conduct the election, so I cannot at this stage know or speculate on what challenges await me after the election. I pray there are none. We will do what is right under the Constitution, and by the grace of God, we shall conduct a credible, free and fair election; and I want to add that, such cannot be achieved without the cooperation and support of our members and stakeholders. I urge our esteemed colleagues to own the electoral process by making inquiries and seeking for clarifications from the Committee, rather than get involved only by making derisive comments that will tend to distract on the electoral process.

Many are saying that the NBA needs to be overhauled; that it needs to refocus, to play the role of a true Bar Association. Do you agree? Going forward, what do you expect from the incoming NBA leadership?
Before you talk of overhauling or refocusing the NBA, you have to ascertain and examine the attributes of a Bar Association, of which the NBA is one. The Bar Association is meant to represent the interest of its members, promote their continuing education and training, as well as protect the professional integrity of the members. Beyond the interest of the members, the development of a strong, virile and independent Bar Association is central to democracy and human rights by protecting the rule of law, and providing a means and platform for citizens to assert their rights.

Agreed the NBA has to do more by championing the cause of justice, and defence of the rule of law. However, it has been increasingly difficult these days for the NBA to speak with one voice, because the Association is constituted by members with diverse interests, opinions and views. It is not a crime or misconduct to hold and express different views from that of the Association, considering the guaranteed freedom of expression by the Constitution of the Federal Republic of Nigeria 1999 (as amended), provided such views do not run counter to the Constitution of the Association, or ethics of the profession. And that has always been the constraint of the NBA.

I want to see a strong and virile NBA that will stand on the side of justice, the rule of law, and the rights of the citizens; as such NBA should get involved, and engage more in public interest matters. And, as legal practitioners who are members of the NBA, if we engage more in ensuring the sustenance of justice, rule of law and all that will be beneficial to the generality of the populace, it will invariably impact on the NBA as a Bar Association that all will be proud of.
Thank you, for having me express my humble views.

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  • EDITOR'S CHOICE
  • May 16, 2020
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  • Comments Off on ELECTIONS: ‘NBA OFFERED US READY-MADE VOTING PORTAL,’ SAYS TAWO TAWO

ELECTIONS: ‘NBA OFFERED US READY-MADE VOTING PORTAL,’ SAYS TAWO TAWO

• CONFIRMS CITY LAWYER REPORT
• SAYS FATE OF PORTAL UNCERTAIN
• VOWS THAT ECNBA IS ‘TOTALLY INDEPENDENT’

The Electoral Committee of the Nigerian Bar Association (ECNBA) has admitted that it was handed over a ready-made election portal for the forthcoming National Elections by the Mr. Paul Usoro SAN-led bar association. This confirms CITY LAWYER exclusive report which hinted that the ECNBA may have been preparing for the elections on the basis of the election portal bequeathed to it by the NBA leadership.

CITY LAWYER had in a recent report stated that “It was unclear at press time whether the vendor’s scope of work included a mandate to deliver an election portal for the forthcoming NBA Elections, given the notice issued by the ECNBA seeking proposals to recruit an ‘Information Technology Specialist.’ Among the work to be done by the IT Specialist/ECNBA Partner is, ‘Analyzing the new NBA Election portal system and infrastructure.’ The successful vendor is also required to train NBA staff ‘to use the new IT system.’ ”

Putting the issue beyond speculation, the ECNBA in a statement personally signed by its Chairman, Mr. Tawo Eja Tawo SAN said: “The Committee was briefed that the NBA has its own e-voting platform/portal for elections developed by TAVIA, an IT firm. TAVIA was invited to brief the Committee in conjunction with the NBA IT Officer Umar Gezawa, on the said NBA election platform/portal.”

He emphasized the critical role of the election portal, saying “the success of the elections would depend to a large extent on the electronic or IT platform that would be deployed for the election.” He added that “The need to procure such a platform has been a priority.”

Giving more insights into the “briefing” received from the NBA leadership on the election portal, the ECNBA Chairman said: “Further to the said briefing, the ECNBA decided that in spite of the advantages of such a portal, exploring the use of other viable e-voting platforms if necessary is not foreclosed. As such there was the need to engage an independent IT Consultant that would examine the NBA portal and critique same, its integrity, functionality and suitability or otherwise for the purpose of the elections as well as advise on other options.”

Highlighting additional roles of the consultant, the ECNBA Chairman said: “The Consultant would also be required to identify avenues for possible threats, and advise on how to contain same. Other issues to be addressed include the training of staff and all those associated with handling any part of the e-voting process by the consultant. They would be expected to verify electronically, the votes cast at the end of the exercise.”

Hinting on the fate of the election portal delivered by the NBA, Tawo who is said to be a born-again Christian noted: “Notwithstanding the above, the platform or portal to deploy for the election by the ECNBA would largely be dependent on the advice and report of the IT Consultant.” The ECNBA is currently sifting through applications received from its advertised request for expression of interest to pick its preferred IT consultant.

While the ECNBA Chairman did not state when the committee received the “briefing” from the NBA leadership, there are strong indications that this must have been before April 4, 2020 when the committee issued a “REQUEST FOR PROPOSAL (RFP): IT CONSULTANCY” which gave the scope of work of the IT Consultant to include “Analyzing the new NBA Election portal system and infrastructure.” CITY LAWYER recalls that the ECNBA was appointed by NBA-NEC on March 12, 2020.

At least three National officers who spoke to CITY LAWYER recently vowed that they were in the dark on the NBA website contract, adding that it was never discussed at any of their meetings. They also pleaded ignorance on the identity of the vendor or scope of work contained in the contract. The NBA did not respond to CITY LAWYER enquiries on the subject.

CITY LAWYER investigation however showed that Usoro informed NBA-NEC during its March 2019 meeting of his plan to “revamp” the verified NBA website to enhance its “functional uses.” He had stated that the websites for the Annual General Conference and NBA sections would be hosted on or linked to the NBA website while online payments and online platform for ordering stamps would be incorporated. However, the address was silent on the incorporation of a voting platform on the portal.

Though there are concerns among some stakeholders on the role of NBA staff in managing the elections, the ECNBA may have decided to give substantial roles to the staff. In its latest statement, the committee said: “Other issues to be addressed include the training of staff and all those associated with handling any part of the e-voting process by the consultant.” This aligns with item “f” of the “Scope of work” set out in the request for proposal which lists “Training staff to use the new IT system” as one of the deliverables of the IT Consultant.

While urging all stakeholders to shun “any activity that would be subversive and counter-productive to this exercise,” the committee however assured that it is “totally independent,” adding that “Mr. Paul Usoro SAN and his elected executive have given the ECNBA the needed liberty to do what is just and proper for the benefit of the profession in Nigeria. All candidates for the 2020 Elections shall be treated equally.”

The committee had published a Preliminary Notice of Elections as well as Election Guidelines in the run-up to the elections. Following its Call for Proposals from IT consultants, the ECNBA in its latest statement noted that it was “disheartening” for branches to shun the request to provide the data of eligible voters as requested by the NBA secretariat, warning that this may disenfranchise branch members. It however noted that it is in the process of compiling the Interim Voters Register as well as screening of IT proposals and interviewing of IT consultancy firms.

Please send emails to citylawyermag@gmail.com. Copyright 2020 CITY LAWYER. All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.