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New NBA elections guideline sparks off fresh controversy

By Innocent Anaba

Plans to hold a hitch free Nigeria Bar Association, NBA biannual election, are under threat over the new NBA Electoral Committee,ECNBA guidelines, as former Publicity Secretary of the association, has threatened legal action if the guideline was not discarded, contending Paragraph 2.3(d) of 2nd Schedule of NBA Constitution, 2015 does not empower ECNBA to issue such a guideline.

•Prof Auwalu Yadudu

The former Publicity Secretary of the Zaria branch of the association, Saidu Abubakar in a petition to the NBA Electoral Committee is further contending that certain clauses in the election guideline were inserted to disqualify some candidates, whereas some clauses are inconsistent with the NBA Constitution.

Abubakar threatened to go to court to stop the election, if the electoral committee fails to remove the said requirement as according to him it will impinge on the integrity of the NBA electoral process.

Meanwhile, reacting when contacted on the petition, Chairman of the electoral committee, Prof Auwalu Yadudu, said “We don’t comment on allegations based on a so called “open” letter broadcast over social media.

“If and when our committee receives a formal complaint, we will respond

appropriately. Indeed, we have offered clarifications and answers to complaints from members which were duly served on the committee.

“So we do not comment on issues in the media, if we have a formal petition addressed to us, we will react to it.”

Reminded that a former petition had been forwarded by the petitioner to the committee, he said “I am the chairman of the committee. We have not received any petition on it and we do not react to nissues on the newspapers. We have received a lot of complaints and reacted to them, so if we get the petition, we will react to it.”

Abubakar in the petition said,  “My decision to write this open letter to the Electoral Committee was prompted by a worrisome much publicized notice from the (ECNBA) directing all lawyers to furnish their branch with copies of the current annual practicing fee and branch dues teller/receipts, email account and phone numbers. Branches are mandatorily required to do this on or before May 11, 2018.

“My worry was further heightened by part of the notice which stated that these details are necessary to enable lawyers vote in the NBA election. I have carefully searched through the NBA Constitution for the legal basis for the requirement but could not find one.”

He added that “1. Paragraph 2.3(d) of 2nd Schedule of NBA Constitution, 2015 does not empower ECNBA to issue such a guideline.

The paragraph merely requires the ECNBA to publish “the full list of all legal practitioners qualified to vote in conjunction with the National Secretariat of the NBA at least 28 days before the date of the election”.

“ ECNBA can only request branches to furnish it with the names of their members who have paid their Branch Dues as and when due.

“ Paragraph 2.2(f) of 2nd Schedule of NBA Constitution empowers all members of the Association to vote at the general election for National Executives, provided that such members must belong to a branch and must have paid both their Practicing Fees and Branch Dues as and when due, and are duly registered to vote at that election.

“ There is no legal or logical basis for requiring lawyers to submit copies of Annual Practicing Fee tellers to their branches as NBA has a comprehensive record of all lawyers who paid their Practicing Fee as and when due.

“ All lawyers who paid BPF did so with their branch code which clearly records them as belonging to specific branches.

“ From the data gathered from over 42,000 verified lawyers, NBA already has the phone numbers, email addresses and physical addresses of verified lawyers.

“ If the phone numbers, email addresses etc of lawyers contained in the NBA database is not sufficient, these details can be obtained when these lawyers register to vote at the election pursuant to Paragraph 2.2(f) of 2nd Schedule of NBA Constitution.

“ NBA National Secretariat makes use of the database of verified lawyers to process applications for NBA stamp and seal.

“ The registration referred to in Paragraph 2.2(f) of the 2nd Schedule of  NBA

Constitution, is the only registration a lawyer who has paid his BPF and branch dues is required to go through to ultimately vote.

“ The registration stipulated in Paragraph 2.2(f) of the 2nd Schedule of  NBAConstitution will take place after the ECNBA has opened the election portal and members go online to register.

“ The ‘full list of all legal practitioners qualified to vote’, generated from data obtained from the Registration process is what the ECNBA will publish “in conjunction with the National Secretariat of the NBA”.

“ ECNBA has already rightly requested all branches to submit names of their members who paid their branches as and when due. As branches have these records or issued the receipts, what is the need of requesting members to submit copies of the tellers and or receipts to the branches.

“ It is not a constitutional requirement for a potential voter to submit these documents and details before he/she can vote. Potential voters are to supply details like their email address, phone numbers etc, by registering to vote in the election.

“ The Guideline seeks to disenfranchise not only lawyers who may not be able to submit the requested documents, but especially lawyers from branches in crisis, where there are factional leaderships.

“ Requesting lawyers to submit their BPF tellers to their branches as one of the pre-conditions for eligibility to vote amounts to imposing an extra-constitutional provision that may give a wrong impression about the intention of ECNBA.

“ The essence of the constitutionally stipulated election by electronic means (E-Voting) which mandatorily requires ECNBA to conduct elections electronically whereby eligible voters shall cast their vote electronically, will be defeated. What if the lawyers are not within the country, are sick or otherwise indisposed.

“ The power given to ECNBA under the NBA Constitution is merely to make regulations for the actual electronic voting and not to constitute branches into electoral agents to collect tellers of those who can vote in the election if they do so by a stipulated date.

“ It is an open secret some aspirants are alleged to have paid BPF for some young lawyers and in fact withheld their tellers.

It is therefore not surprisingly this is perceived as a requirement that will enable such aspirants to put these tellers to wrong use.

“ Any attempt to prevent any lawyer who neglects, fails and or refuses to submit his/her Bar Practicing Fee teller, Branch Dues teller/receipt, email address and phone number in the manner directed by ECNBA from voting, will be ultra vires.

“ECNBA should avoid a looming electoral crisis by not creating extra-constitutional hurdles as well as doing the right thing.

The whole world is watching. ECNBA MUST do the right thing to bring about

confidence and integrity in the NBA electoral process. The Committee has so far failed to do this.

I believe the Committee (ECNBA) is made up of lawyers of integrity, therefore, we expect nothing but an electoral process that will be perceived by all as being free and fair. The present unconstitutional directive which has all the trappings of an intention to disenfranchise lawyers, should be withdrawn.

“I therefore, respectfully request that the directive be reviewed to remove the highlighted requirement as it will greatly impinge on the integrity of the NBA electoral process.

“Take notice therefore that if ECNBA does not rescind this decision, I shall proceed to court to challenge this obnoxious and unconstitutional requirement. Time is of essence.”

 


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