‘WHY WE DID NOT DISQUALIFY MAIKYAU’ – ECNBA
The Electoral Committee of the Nigerian Bar Association (ECNBA) has given reasons why it did not disqualify one of the leading presidential candidates, Mr. Yakubu Maikyau SAN from contesting the forthcoming NBA Elections.
In a letter obtained by CITY LAWYER and addressed to embattled Bar aspirant, Mr. Kayode Bello who wrote a petition to the electoral committee seeking the disqualification of the senior lawyer, the ECNBA ruled that it “has no jurisdiction over the complaint, as the subject matter of the petition is pending before the Legal Practitioners Disciplinary Committee (“LPDC”) the competent statutory body for adjudication.”
Dated May 27, 2022 and titled “2022 ELECTIONS OF NATIONAL OFFICERS OF THE NBA – RESOLUTION OF PETITION DATED 2 MAY 2022,” the electoral committee referred to Bello’s petition dated May 2, 2022 “and the response to the petition received from Mr. Yakubu Chonoko Maikyau, SAN, FCIArb (“the Respondent”) dated 12 May 2022.”
In the letter which was copied to Maikyau, the electoral umpire noted that Bello had “requested that the ECNBA disqualifies the Respondent from contesting for the office of the President of the Nigerian Bar Association (NBA).”
The ECNBA stated that it “has considered the petition and the response to same,” adding that aside from the jurisdictional hurdle which it was unable to surmount, “the power of the ECNBA to disqualify a person who wishes to contest for an office shall only crystallizes (sic) after a conviction of crime by a court of competent jurisdiction or if the candidate is found guilty of misconduct or professional impropriety by the LPDC by virtue of Part VII(e) and (f) Second Schedule of the Constitution.”
Sounding the death knell on Bello’s petition, the electoral committee wrote: “Consequently, your petition fails.”
In a petition addressed to the ECNBA Secretary and copied to CITY LAWYER, Bello had urged the ECNBA “to suspend the candidature of Mr. Y. C. Maikyau as the NBA presidential Aspirant, pending the determination of the disciplinary case against him at the Legal Practitioners Privileges Committee (LPPC) for his misconduct.”
Restating his grouse, Bello wrote: “In summary, Mr. Y.C. Maikyau who stands as presidential aspirant for the office of the NBA President in the forthcoming NBA election has lied to the LPPC that I did not show up at the Nigerian Law School for my Bar Final examination and he has used his office and position as the Senior Advocate of Nigeria to frustrate the reconciliation process between the Council of Legal Education and myself (Kayode Bello).
“The fact that Mr. Y.C. Maikyau lied to the LPPC that I did not or refused to show up for my Bar final examination in 2017 is/was tantamount to perverting justice and conspiracy to disobey the order of the Court.”
Maikyau however denied all the allegations in his response to the electoral body.
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