ZONING

  • EDITOR'S CHOICE
  • Apr 08, 2022
  • 0
  • Comments Off on ZONING: ECNBA OKAYS MAIKYAU, TAIDI FOR NBA PRESIDENCY

ZONING: ECNBA OKAYS MAIKYAU, TAIDI FOR NBA PRESIDENCY

The Electoral Committee of the Nigerian Bar Association (ECNBA) has finally laid to rest the controversy on the zoning of offices for the July 16, 2022 NBA National Elections.

In a document obtained by CITY LAWYER and signed by Mr. Ayodele Akintunde SAN and Ms. Mabel Ekeke, ECNBA Chairman and Secretary respectively, the committee stated that “for purposes of zoning in the forthcoming 16 July 2022 elections, the applicable zoning principles are as contained in the Constitution of the NBA, which remain sacrosanct.”

This has ostensibly settled the vexed issue of “micro-zoning” of offices in the eagerly awaited elections. CITY LAWYER recalls that former Secretary of the NBA Constitution Review Committee, Mr. Olasupo Ojo had asked the committee to interpret especially Section 9(3) of the recently amended NBA Constitution.

However, throwing the gates wide open for all aspirants within each geographical zone to vie for the offices, the ECNBA put the issue beyond debate, thereby clearing the way for NBA Welfare Committee Chairman, Mr. Yakubu Chonoko Maikyau SAN and immediate past NBA General Secretary, Mr. Jonathan Taidi.

Watchers of NBA politics had speculated that if the committee had implemented the “micro-zoning” principle, this would especially have shut out Maikyau, given that former NBA President, Mr. Abubakar Mahmoud SAN is from the same zone. This, they believe, would have handed the initiative to the Chairman of NBA Security Agencies Relations Committee (NBA-SARC), Chief Joe-Kyari Gadzama SAN who is believed to be eyeing the NBA Presidency.

Said ECNBA: “For purposes of determining the eligibility of a candidate to contest for the offices liable to be rotated on the basis of the zoning arrangements specified in the Constitution of the NBA as fully reflected in the ECNBA’s Preliminary Notice of Election and the Guideline for 2022 Elections, regard shall be had to the candidate’s geographical zone of origin with particular reference to a State within the zone under reference.”

The committee noted that its Preliminary Notice of Election dated 17 March 2022 and Guideline for 2022 Elections of National Officers of the NBA and the NBA Representatives to the General Council of the Bar (General Council) dated 24 March 2022 “sets out the zoning arrangement for National Officers and NBA Representatives to the General Council consistent with the provisions of Part IV (1), (2), (3), (4) (5) and Part V (2) of the Constitution.”

It observed that 1.3 Part IV (4) of the Constitution provides that “where a position is zoned to a particular geographical zone, the position shall be rotated and held in turn by the different groups and/or sections in the geographical zone”.

Perhaps hinting that there is a lacuna in the NBA Constitution, the committee stated that all that was defined in the Constitution were the States that are comprised in the various zones and not the “different groups and/or sections in the geographical zone”.

According to the committee, “The Constitution specifies some offices subject to rotation on the basis of the principle of zoning. With reference to the election of national officers, these offices are:

(a) President (b) 1st Vice-President (c) 2nd Vice-President (d) 3rd Vice-President (e) General Secretary

“With reference to the election of NBA representatives to the General Council, the NBA Constitution specifies that each zone shall elect not less than six (6) Representatives to the General Council.

“For clarity, the States in each of the zones as provided for in the NBA Constitution are reproduced below:

i. Northern Zone: Adamawa, Bauchi, Benue, Borno, Gombe, Jigawa, Kaduna, Kano, Katsina, Kebbi, Kogi, Kwara, Nasarawa, Niger, Plateau, Sokoto, Taraba, Yobe, Zamfara and FCT-Abuja.
ii. Eastern Zone: Abia, Akwa Ibom, Anambra, Bayelsa, Cross River, Ebonyi, Enugu, Imo, and Rivers State.
iii. Western Zone: Delta, Edo, Ekiti, Lagos, Ogun, Ondo, Osun, and Oyo.”

CITY LAWYER recalls that Ojo had in the letter addressed to ECNBA Chairman and marked “URGENT” with reference number OO/ECNBA/ABJ/ECNBA/02/22, Ojo said: “In the main, I write to formally seek the attention of the ECNBA, for the proper interpretation of the mandatory provisions of section 9(3) of the NBA Constitution as well as paragraphs 2.2(b) and 2.2(d) of the second schedule in light of the forthcoming 2022 NBA National Officers’ election.”

Continuing, the fiery senior lawyer said: “Pursuant to the dictates of section 9(3) of NBA Constitution and paragraphs 2.2(b) and 2.2(d) of the second schedule, the rotation of the candidacy for the office of the presidency amongst different groups/sections in the geographical zones created by the NBA Constitution has been and is an intrinsic provision of the NBA Constitution; which has since been endorsed by the 2020 Electoral Reform and Audit Committee which recommended inter alia that same;

“…should be strictly adhered to in order to ensure that no group and/or section in a geographical zone is marginalized and the unity of the bar is preserved.”

“This report and recommendation was also given imprimatur by its subsequent adoption by the NBA NEC as contained in the communiqué issued by the President and General Secretary of the Association on March 18, 2021. Kindly find attached the relevant pages of the report, NEC minutes of meeting and communiqué for ease of reference.”

He noted that section 9(3) of the NBA Constitution provides that the country shall be divided into three zones as set out in the Second Schedule for the purposes of election into national offices.

Quoting Paragraph 2.2(b) of the second schedule to the NBA Constitution, Ojo identified the geographical zones as Northern, Eastern and Western Zones, adding that “what constitutes different groups or sections in the NBA Constitution is akin to the geopolitical zones within the geographical zones.”

Ojo noted that Paragraph 2.2(d) of the Second Schedule to the NBA Constitution provides that “Where a position is zoned to any particular geographical zone, the position shall be rotated and held in turn by the different groups and/or sections in the geographical zone.”

According to Ojo, “Having due regard to paragraph 2.2(d) of the second schedule to the NBA Constitution reproduced above, 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. This rotation within the geographical zones also applies to the positions of 1st Vice President, 2nd Vice President, 3rd Vice President and General Secretary which have all been zoned to specific geographical zones for the purposes of the 2022 NBA elections as pointed out above. That is to say that within the Western zone, the rotational principle will apply in view of the different sections/groups which are mid-west and south-west while in the Eastern Zone; rotation is to be between the south-south and south-east. In the same vein, the rotation is to be amongst the North-Central, North-West and North-East geopolitical zones within the Northern zone.”

He noted that following the build-up to the 2022 NBA election which has been zoned to the North, “there are several prospective aspirants for the position of the NBA President from the Northern Zone, many of whom have consulted me in respect thereof.

“I seek the clarification and/or confirmation of the ECNBA as to the import of section 9(3) of the NBA Constitution and paragraph 2.2(d) of the second schedule of the NBA Constitution on the 2022 NBA general election in the determination of the issue as to the eligibility status of aspirants emerging from the sub-zones from the North, West and East geopolitical zones respectively with respect to the offices zoned to them.. In my humble view the need for this clarification now is germane to the transparency and fairness of the electoral process and clearly represents the clear and mandatory provision of the just amended NBA Constitution and should ideally therefore be expressly indicated in the guidelines that will be issued and published by the ECNBA in due course.”

Concluding, Ojo wrote: “In the circumstances, I seek the required clarification as it relates to the rotation amongst the various sections/groups within the respective zones that are to produce the next NBA President, General Secretary and Vice Presidents in order to be properly guided as a voter and key stakeholder of the Bar. This is more so as consultations are ongoing and I intend to possibly contest or play key roles in the electioneering process at the appropriate time. I humbly entreat you to treat this matter with utmost fairness, transparency, justice and strict adherence to the rule of law as it is a sensitive issue touching on the future of the Nigerian Bar. I await your prompt response on this matter so that I can be guided accordingly.”

ECNBA_ZONING

https://citylawyermag.com/wp-content/uploads/2022/04/ECNBA_ZONING.docx 

To join our Telegram platform, please click here 

Copyright 2022 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. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. 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
  • Mar 24, 2022
  • 0
  • Comments Off on ANXIETY, AS OJO FAULTS ECNBA, DEMANDS ZONING OF PRESIDENCY, OTHERS

ANXIETY, AS OJO FAULTS ECNBA, DEMANDS ZONING OF PRESIDENCY, OTHERS

  • WE WILL RESPOND SOONEST – ECNBA CHAIR

Fiery Bar Leader and former Secretary of the NBA Constitution Review Committee, Mr. Olasupo Ojo has faulted the Electoral Committee of the Nigerian Bar Association (ECNBA) over its recently released Preliminary Notice of Election.

The activist also demanded an amendment of the notice to reflect “micro zoning” of offices to geopolitical blocs. If implemented, the ECNBA may zone the contest for NBA Presidency to the North East Zone. This will leave the field wide open for the Chairman of the NBA Security Agencies Relations Committee, Chief Joe-Kyari Gadzama SAN to clinch the coveted seat while shutting out the Chairman of the NBA Welfare Committee, Mr. Yakubu Maikyau SAN and immediate past NBA General Secretary, Mr. Jonathan Taidi who are also believed to be eyeing the position.

In a letter to ECNBA obtained by CITY LAWYER, Ojo asked the ECNBA “to urgently fully give effect to the provisions of the NBA Constitution (including the binding micro zoning provisions) and administer the applicable rules fairly and firmly in line with the Commitment of the Committee as restated in your letter dated 1st February, 2022 to me.”

Meanwhile, the ECNBA Chairman, Mr. Richard Akintunde SAN told CITY LAWYER that the committee is already in receipt of the complaint, adding that it would respond “as soon as possible.”

The letter was titled “RE: ECNBA PRELIMINARY NOTICE OF ELECTION” and dated March 21, 2022. It was copied to NBA President and all national officers, the Chairman and all members of the Body of Benchers as well as the Chairman and all members of the NBA Board of Trustees.

According to Ojo, the Electoral Reform and Audit Committee “had recommended that the micro zoning provision in the NBA Constitution should be strictly adhered to in order to ensure that no group and/or section in a geographical zone is marginalized and the unity of the bar is preserved.”

He stated that “This recommendation was approved, adopted and endorsed by the National Executive Council as reflected in the communiqué issued by the President and General Secretary of the Association on 18th March, 2021.There was no contrary decision and/or resolution reached at the 2021 Annual General Meeting in Port-Harcourt on this adopted recommendation.”

He argued that while the different sections/groups that make up each geographical zone are the geopolitical zones/blocs, “the legitimate expectation from the ECNBA was for the preliminary notice of election to specifically indicate the particular sections/groups in the zones and the component states for each of the zoned positions.”

Ojo stated that he was “taken aback when I read the preliminary notice of election which did not specify the sections/groups and the component states in line with the mandatory micro zoning provision of the NBA Constitution. For the sake of emphasis, I hereby reproduce the provision of paragraph 4 of Part IV of the second schedule to the NBA Constitution thus: “Where a position is zoned to any particular geographical zone, the position shall be rotated and held in turn by the different groups and/or sections in the geographical zone.”

“There is no doubt that the office of the President, Second Vice President and General Secretary are zoned to the Northern, Eastern and Western Zones respectively. All that it left to be done is the reflection of the specific groups and/or sections within each of the Zones that should contest and hold the zoned officers in line with the micro zoning arrangement. This has not been done up till this moment although the guidelines are yet to be released.”

Berating the association for allegedly side-stepping its rules, Ojo said: “The NBA, as a professional body of lawyers, cannot continue to break its own rules and/or disregard the rule of law. You may recall that I had earlier instituted an action in Suit No FHC/CS/545/2016 (Olasupo Ojo v. Registered Trustees of Nigerian Bar Association) before the Federal High Court against the NBA Trustees in 2016 which was decided in my favour. The said Judgment invalidated the 2015 NBA Constitution under which the then NBA national leadership assumed office. Unfortunately, the Judgment of the Court was swept under the carpet and not complied with. It is that same invalidated Constitution that was amended in 2019 and further amended in 2021.”

The Bar Leader noted that he had also “objected to the registration of the NBA Constitution (as amended in 2021) by the Corporate Affairs Commission (CAC) in the manner in which it was presented by NBA on the ground that it was wrongly titled “NBA Constitution 2021” and contained sections 28 and 29 which purported to repeal the extant constitution all contrary to the resolution duly adopted and passed in 2021 at the Annual General Meeting in Port-Harcourt. CAC upheld my objection and following the success, the Constitution was corrected to properly read “The Constitution of the Nigerian Bar Association 2015 (as amended in 2021)” and the amendments were correctly reflected by the NBA as pointed out by me.”

His words: “As lawyers, we must always be seen to uphold the rule of law both in our words and actions. It is based on this same philosophy of upholding the rule of law that I deem it necessary to write to the ECNBA again in respect of the issues raised herein. I am finding it increasingly difficult to understand why an Association like NBA should find it difficult to obey its own rules. It is getting tiresome.”

CITY LAWYER recalls that the ECNBA recently issued the Preliminary Notice of Election and zoned the NBA Presidency and First Vice President to the “Northern Zone” while the Second Vice President went to the “Eastern Zone.” The post of Third Vice President and General Secretary were reserved for the “Western Zone while the other posts were not zoned to any bloc.

OLASUPO OJO_ECNBA++

To join our Telegram platform, please click here

Copyright 2022 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. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. 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
  • Mar 18, 2022
  • 0
  • Comments Off on ELECTION: ECNBA CLEARS AIR ON ZONING, TAIDI HAILS UMPIRE

ELECTION: ECNBA CLEARS AIR ON ZONING, TAIDI HAILS UMPIRE

The Electoral Committee of the Nigerian Bar Association (ECNBA) has laid to rest the controversy on the zoning arrangement for this year’s National Officers Election.

Meanwhile, former NBA General Secretary, Mr. Jonathan Gunu Taidi who is believed to be eyeing the post of NBA President has hailed the electoral body for striving to abide by the constitutional timelines set for the election.

Taidi told CITY LAWYER that “The ECNBA Chairman informed NBA Emergency NEC (meeting) that today was the final day to issue this notice. It is a welcome development that the ECNBA promised to keep to timeliness which is part of the integrity of the electoral process.”

CITY LAWYER recalls that former Secretary of the NBA Constitution Review Committee, Mr. Olasupo Ojo had petitioned the committee, seeking clarification on the zoning formula to be adopted for the election. Specifically, he sought an interpretation of the import of section 9(3) of the NBA Constitution and paragraphs 2.2(b) & 2.2(d) of the Second Schedule on the election.

The ECNBA had side stepped the enquiry, noting that “The duties of the ECNBA are governed by the statutory instruments of the Nigerian Bar Association (NBA) and does not, regrettably at the moment, extend to providing advisory opinions.”

But the ECNBA has now put the matter to rest, especially as it concerns the NBA presidential election. While some pro Chief Joe-Kyari Gadzama SAN persons had canvassed that the presidential slot should be restricted to candidates from the North East, the ECNBA has declared that all aspirants from the Northern Zone are eligible to gun for the coveted seat. This has given a fillip to the alleged quest by NBA Welfare Committee Chairman, Mr. Yakubu Maikyau SAN and former NBA General Secretary, Mr. Jonathan Taidi to clinch the post.

In a Preliminary Notice of Election dated March 17, 2020 and signed by the committee Chairman, Mr. Richard Akintunde SAN and Secretary, Ms. Mabel Ekeke, the ECNBA listed the “offices for which eligible members or candidates may contest on the basis of rotation among the three (3) geographical zones stipulated in Part IV (1),(2),(3),(4) &(5), Second Schedule of the Constitution of the NBA, 2015 as amended in 2021, (the Constitution), as well as the qualifications for the offices listed at Section 9(3) of the Constitution.”

Stating that the zone to produce the President is the “Northern Zone,” the committee also stated that the aspirant must be “A full member of the Association in private legal practice; with not less than 15 years post-call and not less than 2 years as a member of the National Executive Council (previously known as the National Executive Committee) (“NEC”) at the time of nomination.”

While the post of First Vice President was also zoned to the Northern Zone, the posts of Second Vice President and Third Vice President were zoned to Eastern Zone and Western Zone respectively. The post of General Secretary also went to Western Zone.

However, the posts of Treasurer, Welfare Secretary, Publicity Secretary as well as Assistant General Secretary and Assistant Publicity Secretary were not restricted to any zone.

Meanwhile, election of NBA Representatives to the General Council of the Bar will run alongside the National Officers Election, even as the ECNBA has stated that “Pursuant to Part V (2), Second Schedule of the Constitution, the zoning principle contained in the Constitution shall apply in the election of NBA Representatives to the General Council of the Bar, such that each zone shall produce not less than six (6) Representatives to the Council.”

According to ECNBA, “Nomination Forms for election of National Officers of the NBA and/or election of NBA Representatives to the General Council of the Bar, shall be available for collection at the ECNBA Secretariat, 1st Floor, Abuja Chamber of Commerce and Industry, Abuja Trade & Convention Centre, KM 8 Umaru Musa Yar’adua Express Way, (Airport Road), Abuja. The forms can also be downloaded online from the NBA website: www.nigerianbar.org.ng or the ECNBA website: www.ecnba.ng from 08:00 hours, Monday, 21 March 2022. Submission of completed Nomination Forms and accompanying documents shall CLOSE at 16:00 hours on Friday, 15 April 2022.”

ECNBA Preliminary Notice

To join our Telegram platform, please click here

Copyright 2022 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. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. 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
  • Feb 12, 2022
  • 0
  • Comments Off on ZONING: OJO REPLIES ECNBA, SAYS ‘I’VE WARNED IN ADVANCE’

ZONING: OJO REPLIES ECNBA, SAYS ‘I’VE WARNED IN ADVANCE’

Fiery senior lawyer and former Secretary of the Nigerian Bar Association (NBA) Constitution Review Committee, Mr. Olasupo Ojo has reacted to the response of the Electoral Committee of the NBA (ECNBA) to his enquiry on the NBA Constitution, saying that it was designed as an “advance warning signal” to the electoral body.

Speaking with CITY LAWYER in reaction to the ECNBA response, Ojo said that he is “satisfied that I brought the issue raised in my letter to the attention of the ECNBA to alert them and give them advance warning signal and assist the Committee in the discharge of their onerous functions bearing in mind the negative history of NBA elections.”

Continuing, Ojo said he was “satisfied with the assurance given by the ECNBA” as contained in their reply to his letter “especially their comforting undertaking as men and women of integrity” to the effect “that the ECNBA will administer the applicable rules fairly and firmly at all times”.
According to the senior lawyer, “I believe they already have notice of the issues raised in my letter and will avoid the identified pitfall by all means. This is the best assistance all of us stakeholders can render to the ECNBA in all sincerity.

“I appreciate the ECNBA for their prompt reply which further confirms their awareness that stakeholders are watching every step they take as they proceed with the daunting task. I shall keep watching because vigilance is the price of liberty. I wish the ECNBA success.”

CITY LAWYER had in an exclusive report unveiled ECNBA’s response to Ojo enquiry which many observers of NBA politics believe is targeted at the zoning of NBA offices. Some observers believe that a strict interpretation of the NBA Constitution may weed out some leading NBA presidential aspirants, leaving former NBA presidential candidate, Chief Joe-Kyari Gadzama SAN as the sole candidate.

The ECNBA has respected Bar Leader, Mr. Richard Akintunde SAN as Chairman. Other members are Ms. Mabel Ekeke (Secretary); former chairman of the board of National Human Rights Commission (NHRC), Prof. Chidi Odinkalu; former NBA Treasurer, Aisha Ado-Abdulahi and ICT expert, Mr. Basil Udotai.

Copyright 2022 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. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. 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
  • Feb 12, 2022
  • 0
  • Comments Off on LAWYER PETITIONS CAC TO REJECT NEW NBA CONSTITUTION

LAWYER PETITIONS CAC TO REJECT NEW NBA CONSTITUTION

Former Secretary of the Nigerian Bar Association (NBA) Constitution Review Committee, Mr. Olasupo Ojo has urged the Corporate Affairs Commission (CAC) to reject the newly amended NBA Constitution, saying it contains provisions not approved at the recent NBA Annual General Meeting (AGM) in Port Harcourt.

In an objection letter obtained by CITY LAWYER and addressed to the CAC Registrar General, Mr. Abubakar Garba, the fiery senior lawyer said that he was writing “to formally object to your Commission’s approval of the purported amendments now seeking to repeal the Extant Constitution.”

According to Ojo, “Contrary to the provisions of section 833 above, the NBA by its Notice now seeks to repeal the Extant Constitution pursuant to Sections 28 and 29 of the proposed Nigerian Bar Association Constitution 2021 while no such resolution to repeal was ever passed. Find attached herewith as Annexure 3, the Resolutions passed at the 2021 Annual General Meeting (“AGM”) of the NBA, held on the 28th day of October, 2021 at the Yakubu Gowon Stadium, Elekahia, Port Harcourt, Rivers State, which clearly shows that no resolution was made to repeal the Extant 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.”

The Bar Leader stated that the process for the amendment of a Constitution “is entirely different, separate and distinct from the process for enacting a brand-new Constitution. As with the instant case, since no such notice was given to repeal the extant Constitution, the 2021 Annual General Meeting of the NBA could not have had the mandate or powers to repeal the extant NBA Constitution, especially since the AGM only had a notice to amend.”

Ojo said that the 2021 NBA AGM “has never purported to have repealed the 2015 Constitution, but merely amended same.” He added that “It is also trite that for the Extant Constitution to be repealed, there must be a 60 days’ Notice to such effect.”

He stated that “the crux of my objection, in precis, is on the grounds that the AGM only had notice to amend the Extant Constitution, and duly adopted and passed resolution to so amend. The present sections 28 and 29 of the proposed NBA Constitution 2021, seeks to outrightly repeal the Extant Constitution. To duly so repeal the Extant Constitution, there should have been 60 days’ notice to such effect in accordance with Section 20(1) of the Extant Constitution. This was however, not the case. Therefore, the 2021 AGM of the NBA held on the 28th day of October, 2021 at the Yakubu Gowon Stadium, Elekahia, Port Harcourt, Rivers State could not have duly adopted and passed any resolution (which it never claims to have passed) repealing the Extant Constitution.”

He prayed the CAC to reject the amendment as proposed, adding that he is “by this letter formally objecting to repeal the Extant Constitution as contained in sections 28 and 29 of the proposed NBA Constitution 2021, as same is not a true reflection of the resolutions reached at the AGM and notice to repeal, not having been circulated as mandated by the Extant Constitution.”

He urged the CAC to “uphold this objection” by refusing to register and approve the proposed “Nigerian Bar Association Constitution 2021” for failure to reflect amendments, for which proper notice had been given, duly approved and passed by the AGM.

He also urged the Commission to request the NBA to amend the cover of the proposed NBA Constitution 2021 to read as follows: “Nigerian Bar Association 2015 Constitution (as amended in 2021),” adding that that “is a true reflection of the resolution of the AGM.”

Ojo prayed the Commission to “further mandate the NBA to delete Sections 28 and 29 therein wrongly, unlawfully and illegally inserted into the proposed Nigerian Bar Association Constitution 2021” and “to resubmit a corrected version of its Constitution reflecting amendments, for which proper notice had been given, duly approved and passed by the AGM.”

In a “Forwarding letter” to the NBA President, Mr. Olumide Akpata also dated February 4, 2021 Ojo stated that the Public Notice “is an indication of your willingness to accommodate diverse views, comments and sincere commitment to due process.”

“I greatly commend your open mindedness sir,” said Ojo, “and further to the said public notice, I now hereby forward herewith a copy of my Notice of Objection on the referenced subject to the Corporate Affairs Commission (“CAC”), as demanded in the said Public Notice.”

Intimating Akpata of the kernel of his objection letter to CAC, Ojo said that it is “premised on the likelihood of innocent mistakes from the NBA National Secretariat, in the compilation of the proposed amendments to the Extant Constitution. I say so because I am well aware that the AGM only had notice to amend the Extant Constitution, and duly adopted and passed resolution to so amend. The present sections 28 and 29 of the proposed NBA Constitution 2021, seeks to outrightly repeal the Extant Constitution. Even the cover of the proposed amendment reads: Nigerian Bar Association Constitution 2021. Which further gives the semblance that the Extant Constitution has been repealed.”

It is recalled that Ojo had also petitioned the CAC against amendment of the 2015 NBA Constitution. In a petition with Ref No. CAC/IT/MIA/No.2365 dated 14 September, 2016, Ojo had argued that the 2015 Constitution (as amended), for which the endorsement of the CAC is being sought “belatedly,” did not amend or alter the subsisting 2001 NBA Constitution approved by the CAC.

CITY LAWYER investigation shows that the amendment debacle may not be unconnected with the forthcoming NBA Election, especially as it affects provisions of the NBA Constitution on the zoning of offices. A frontline Bar Leader told CITY LAWYER that if the amendment sails through as currently proposed by the NBA, the zoning arrangement may start afresh instead of track back to the 2015 NBA Constitution (amended).

The citation for the proposed NBA Constitution reads: “This Constitution may be cited as the Nigerian Bar Association Constitution, 2021 and comes into effect this 28th day of October 2021 upon its adoption by the Annual General Meeting.”

The NBA leadership is yet to respond to Ojo’s objection at press time.

CAC_LETTER_OJO

Copyright 2022 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. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. 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
  • Jan 29, 2022
  • 0
  • Comments Off on NBA ELECTION: MAIKYAU, TAIDI’S FATE HANGS IN BALANCE AS LAWYER ‘PETITIONS’ ECNBA

NBA ELECTION: MAIKYAU, TAIDI’S FATE HANGS IN BALANCE AS LAWYER ‘PETITIONS’ ECNBA

The reported ambition of two leading contenders for the Nigerian Bar Association (NBA) presidency may be in jeopardy as a senior lawyer has demanded interpretation of the NBA Constitution from the Electoral Committee of the NBA (ECNBA).

According to a letter obtained by CITY LAWYER and dated January 25, 2022, former Secretary of the NBA Constitution Review Committee, Mr. Olasupo Ojo has asked the recently inaugurated committee to interpret especially Section 9(3) of the recently amended NBA Constitution.

Meanwhile, Ojo confirmed to CITY LAWYER that he has delivered the letter to the committee, saying: “Yes. It is already delivered to the Chairman and some members. They acknowledged.” On his part, ECNBA Chairman, Mr. Richard Akintunde SAN also told CITY LAWYER that the committee is in receipt of the letter, adding that it would respond in due course.

In the letter addressed to ECNBA Chairman and marked “URGENT” with reference number OO/ECNBA/ABJ/ECNBA/02/22, Ojo wrote: “In the main, I write to formally seek the attention of the ECNBA, for the proper interpretation of the mandatory provisions of section 9(3) of the NBA Constitution as well as paragraphs 2.2(b) and 2.2(d) of the second schedule in light of the forthcoming 2022 NBA National Officers’ election.”

Continuing, the fiery senior lawyer said: “Pursuant to the dictates of section 9(3) of NBA Constitution and paragraphs 2.2(b) and 2.2(d) of the second schedule, the rotation of the candidacy for the office of the presidency amongst different groups/sections in the geographical zones created by the NBA Constitution has been and is an intrinsic provision of the NBA Constitution; which has since been endorsed by the 2020 Electoral Reform and Audit Committee which recommended inter alia that same;

                  “…should be strictly adhered to in order to ensure that no group and/or section in a geographical zone is                         marginalized and the unity of the bar is preserved.”

“This report and recommendation was also given imprimatur by its subsequent adoption by the NBA NEC as contained in the communiqué issued by the President and General Secretary of the Association on March 18, 2021. Kindly find attached the relevant pages of the report, NEC minutes of meeting and communiqué for ease of reference.”

He noted that section 9(3) of the NBA Constitution provides that the country shall be divided into three zones as set out in the Second Schedule for the purposes of election into national offices.

Quoting Paragraph 2.2(b) of the second schedule to the NBA Constitution, Ojo identified the geographical zones as Northern, Eastern and Western Zones, adding that “what constitutes different groups or sections in the NBA Constitution is akin to the geopolitical zones within the geographical zones.”

Ojo noted that Paragraph 2.2(d) of the Second Schedule to the NBA Constitution provides that “Where a position is zoned to any particular geographical zone, the position shall be rotated and held in turn by the different groups and/or sections in the geographical zone.”

According to Ojo, “Having due regard to paragraph 2.2(d) of the second schedule to the NBA Constitution reproduced above, 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. This rotation within the geographical zones also applies to the positions of 1st Vice President, 2nd Vice President, 3rd Vice President and General Secretary which have all been zoned to specific geographical zones for the purposes of the 2022 NBA elections as pointed out above. That is to say that within the Western zone, the rotational principle will apply in view of the different sections/groups which are mid-west and south-west while in the Eastern Zone; rotation is to be between the south-south and south-east. In the same vein, the rotation is to be amongst the North-Central, North-West and North-East geopolitical zones within the Northern zone.”

He noted that following the build-up to the 2022 NBA election which has been zoned to the North, “there are several prospective aspirants for the position of the NBA President from the Northern Zone, many of whom have consulted me in respect thereof.

“I seek the clarification and/or confirmation of the ECNBA as to the import of section 9(3) of the NBA Constitution and paragraph 2.2(d) of the second schedule of the NBA Constitution on the 2022 NBA general election in the determination of the issue as to the eligibility status of aspirants emerging from the sub-zones from the North, West and East geopolitical zones respectively with respect to the offices zoned to them.. In my humble view the need for this clarification now is germane to the transparency and fairness of the electoral process and clearly represents the clear and mandatory provision of the just amended NBA Constitution and should ideally therefore be expressly indicated in the guidelines that will be issued and published by the ECNBA in due course.”

Concluding, Ojo wrote: “In the circumstances, I seek the required clarification as it relates to the rotation amongst the various sections/groups within the respective zones that are to produce the next NBA President, General Secretary and Vice Presidents in order to be properly guided as a voter and key stakeholder of the Bar. This is more so as consultations are ongoing and I intend to possibly contest or play key roles in the electioneering process at the appropriate time. I humbly entreat you to treat this matter with utmost fairness, transparency, justice and strict adherence to the rule of law as it is a sensitive issue touching on the future of the Nigerian Bar. I await your prompt response on this matter so that I can be guided accordingly.”

Watchers of NBA politics believe that the petition may affect the political fortunes of two leading contenders for the NBA Presidency, namely Mr. Yakubu Maikyau SAN and immediate past NBA General Secretary, Mr. Jonathan Taidi, leaving the coast clear for another strong contender, Chief Joe-Kyari Gadzama SAN.

While Maikyau is from Kebbi State in the North West Zone, Taidi is from Niger State in the North Central Zone. Gadzama is from Borno State in the North East. It is believed that while the North Central has produced former NBA presidents, Chief Bayo Ojo SAN and Mr. Joseph Daudu SAN both from Kogi State, the North West has produced former NBA President, Mr. Abubakar Mahmoud SAN from Kano State. On the other hand, the North East is yet to produce an NBA President.

It is unclear at press time whether the two leading aspirants are aware of the letter to ECNBA, as they are yet to react to the development.

OLASUPO OJO_ECNBA

Copyright 2022 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. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. 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.