• Losers threaten legal action The Nigerian Bar Association (NBA) 2016 elections have come and gone. But the fallout is threatening the unity of NBA, just as the 1992 Port Harcourt yearly general conference. Is NBA heading for a split again? ERIC IKHILAE reports. The 2016 national executive council elections of the Nigerian Bar Association (NBA) has come and gone, but the flame of discord ignited by the bitter clash of interests and ambition is yet to die days after the exercise. For the first time in NBA’s history, members voted via the internet, as against its previous collegiate system. Also, there was a remarkable increase in members’ participation, going by the number of votes scored by candidates. The association’s leadership explained that its resort to internet voting was to give effect to the dual provisions of universal suffrage and e-voting, as contained in Section 9(4) of the 2015 NBA Constitution. With the results published on its website at the end of the election, which held between July 30 and 31, former Kano State Attorney-General and Commissioner of Justice Abubakar Balarabe Mahmoud (SAN) won with 3055 votes as against 2384 votes for Joe Kyari Gadzama (SAN). While Gadzama was contesting the for the second time, Mahmoud was taking his first shot at the post. Gal Caleb Dajan scored 4057 votes to become First Vice President; former Chairman of the Ikeja, Lagos NBA Branch Monday Ubani, with 4375 votes, is Second Vice President; Benedict Oji is Third Vice President with 3999 votes. Isiaka Olagunju got 2721 votes to defeat Desmond Yamah for the post of General Secretary; while Leo Okey Ohagba scored 2402 to become 1st Assistant Secretary, defeating Olukunle Edun (1653) and Enebi Mohammed Salihu (1067). Ngede Cecilia Ugbuji is the 2nd Assistant Secretary with 4240 votes. Ado Aisha Abdullahi clinched the Treasurer position with 2626 votes against Mary Chukwuma’s 2613. Adesina Adegbite scored 2633 votes to beat Joshua Usman (1394) and Terhile Theophilus Igba (1064) to become Welfare Secretary; Ngozi Udodi is Financial Secretary with 4216 votes; Dorcas Ngwu with 3168 votes, beating Kingsley Onwuka (1516) to become Assistant Financial Secretary; Chukwuemeka Mbamala scored 2815 votes to clinch Assistant Publicity Secretary post, Oyeyemi Rafiu Balogun is Legal Adviser with 3068 votes. While others appear to have accepted their fate, Gadzama and the sole candidate for the position of National Publicity Secretary, John Echezona Unachukwu (who was disqualified before the election) faulted the exercise. They have called for its cancellation and the conduct of fresh elections; a development that compels many to wonder if lawyers, who pride themselves as the most learned and sophisticated set of professionals, have equally been bitten by the bug of electoral fraud mostly associated with politicians, who are the bulk of their clients and friends in this part of the world. Shortly after the election results were announced, the Gadzama camp condemned it. In a statement, it said: “We hereby reject the results of the elections and call for the immediate cancellation of the same for failing to be credible, transparent, free and fair, and for failing to comply with the provisions of the NBA Constitution and the Electoral Guidelines “We also call for the conduct of fresh electronic (and not Internet) elections that will be credible, transparent, free and fair and in compliance with the provisions of the NBA Constitution and the Electoral Guidelines.” Indications that not every member of the association was happy with the various activities leading to the election were evident to close watchers. Two days to the election, Gadzama’s campaign team accused the out-going president, Augustine Alegeh (SAN), of engaging in a brazen show of preference for, and huge capital and human resources investment into promoting the opposing candidate. The Gadzama camp had smelt a rat from inception, particularly when Ferdinand Orbih (SAN), earlier appointed as the chairman of the Electoral Committee, was suddenly replaced by Ken Mozia (SAN), believed to be an ally of Alegeh. Until the last day of the election, the Gadzama camp continued to query the credibility of the process. Few days to the election, Unachukwu sued the association; challenged his disqualification, the procedure to be adopted for the election and sought a postponement of the exercise. He contended, among others, that his disqualification was without basis, alleging that he was victimised for belonging to an unfavoured camp. Unachukwu accused Alegeh of bias. He queried the legitimacy of the internet voting (i-voting) procedure adopted for the elections when the association’s constitution of 2015 prescribed universal adult suffrage and electronic voting system (e-voting). To support his claim of bias on the part of the association’s leadership, Unachukwu, in a supporting affidavit, said: “To further reinforce the questionable nature of conduct exhibited by Mr. Alegeh is his avowed intention and that of the 3nd defendant (Mozia) to conduct the 2016 NBA national elections by a system not provided for or even contemplated by the NBA Constitution 2015. “Mr. Alegeh, during the recently concluded NBA Section on Business Law (SLB) conference held in Transcorp Hilton, Abuja, went around the hall and premises, linked arms with the 6th defendant (Mahmoud) and openly declaring to all present that the 6th defendant was going to be his successor,” he said. Unachukwu, while faulting the voting method favoured by the association’s leadership, further stated in his affidavit that “e-voting is not i-voting. i-voting requires the internet, but e-voting does not. e-voting envisages a situation where the 114 branches of the NBA, at their respective election centres, and in the presence of the monitoring agents of the various candidates, will use dedicated computers or electronic voting machines to cast their votes. “Upon casting the vote, there is even paper backup to enhance the accountability and transparency of the election. This paper trail (essential to independently verifiable results) is completely absent in i-voting. The i-voting does not guarantee free, fair, transparent and credible election as e-voting would. “I know as a fact that the e-voting provided in the NBA constitution has actually been employed for branch elections in Abuja branch of the NBA for several years, and there has never been complaint of votes getting lost or changed or of eligible voters being disenfranchised by network failure or similar contingencies to which i-voting system is subject,” Unachukwu said. Although Unachukwu lost in his challenge of the election process, he was believed to have had the backing of Gadzama, because of the quality of lawyers he engaged. His court documents were endorsed by Emeka Ngige (SAN), Mamman Mike Osuman (SAN) and Bolaji Ayorinde (SAN). The case was argued in court by Chukwuma Ekomaro (SAN). In his judgment on July 29, Justice Olukayode Adeniyi, who sat as the vacation judge of the High Court of the Federal Capital Territory (FCT), Abuja, upheld the respondents’ objection to the suit and struck it out on the grounds that Unachukwu was without the requisite locus standi. Although the Gadzama camp did not have its way prior to the election, it appears not ready to let things go as it is spoiling for war, threatening to challenge the election in court. A senior lawyer close to the camp told our reporter in Abuja on August 5, that Gadzama has perfected his paper, which he intends to “file in court any time from now”. The leadership of the NBA has distanced the association from the allegation by the Gazama group, noting that it was normal for a loser in every contest to feel aggrieved and want to blame his loss on a factor. It said in a statement that: “We are happy that most of our members are very happy with the conduct of the election. “The Electoral Committee of the NBA conducted an election that was adjudged by most of our members to be transparent, free, fair, and by all means the best election ever conducted in the history of the NBA. “It is not unexpected that Gadzama, having lost the election, will be bitter. But at the Bar, we are one family, we expect everybody after the election to sheathe their swords and work for the greater interest of the bar. “When Gadzama also lost the election in 2010, he made similar allegation, that the election was moved to Ibadan just to deprive him of the chance of winning.” On his part, Mahmoud has continued to savour the victory preparatory to his inauguration at the association’s annual general conference scheduled for Port-Harcourt this August, barring any unforeseen development. Speaking in Abuja on August 3, Mahmoud extended his hands of fellowship to Gadzama, urging him and others to put behind them the electoral contest and its outcome and work with him in building a formidable Bar in the interest of the profession and its practitioners. “I want to use this medium to appeal to our members, who participated actively in the elections, but who lost, to avoid any form of bitterness and divisive rhetorics. We are all winners. Let us work together to build a brave new Bar. “I do not think there is need for those who are currently uncomfortable with the election outcome to begin to dissipate their energy in contesting the election results, because I know the process was transparent and they cannot prove anything to the contrary. “I must congratulate the NBA President, Augustine Alegeh (SAN), for the innovative reforms he introduced into the NBA electoral process, especially in respect of the universal suffrage and e-voting. When the idea of e-voting was first mooted, it seemed unachievable. But as the saying goes, it always seems impossible until it is done. I commend the NBA Electoral Committee for organising free, fair and credible elections. “I began my campaign by presenting to you an agenda, which encapsulates my vision and mission statement, with a view to enlisting your support to create one of the best Bar associations in the world. While my vision is that of a brave new Bar, driven by the knowledge and skills of its members, as a veritable agent for national transformation. “My mission statement speaks to the issues relating to regulation, representation, re-engineering and public interest. To deliver on the transformation agenda, I need not only an effective and efficient structure, but also the support and cooperation of all our members, including those, who for some reasons did not support my candidature. I will publish my implementation roadmap upon inauguration. “I wish to reiterate that we shall run our administration on the core values of integrity and ethical lawyering. Every lawyer in Nigeria shall be subjected to ethical scrutiny and all those, who have integrity deficit, shall be exposed and brought to justice. “We shall not condone a situation where the unprofessional attitude of some of our members will contaminate our noble profession. Nigerian lawyers have voted for a brave new Bar and it shall no longer be business as usual, but it will be business unusual,” Mahmoud said. There are however, divergent views among lawyers, on how the discord arising from the election should be handled. While some called for caution and suggested amicable settlement, others advocated subjecting the process to judicial scrutiny. A Senior Advocate of Nigeria, Paul Ananaba said: “The profession is an honourable one. We do not engage in undue politicking. We have held elections and A. B. Mahmoud has won. We should not be talking about cancellation of election because it will require resources and time. It will further distabilise the Bar. I will urge that those, who lost should take it in good faith. Even if they have grievances, they should sacrifice them to the Bar. “Now that we have successfully used the electronic voting system and sending the message that the future is electronic voting, we should not be seen again, trying to destroy the house we have built. I am happy that Mahmoud is waving the olive branch. That branch should be accepted by all those who lost. Let there be peace. “My agenda for the in-coming President of the Bar is that he should take the Bar to the next level. I know he has what it takes to lead the Bar at this time, particularly with the anti-corruption war going on. The Bar needs to be well positioned now to ensure the country succeeds in the anti-corruption war,” Ananaba said. Dr. Raphael Adewumi said: “I do not see anything wrong in people expressing their grievances in legitimate manners. Elections were conducted; some people felt the process was not fair. They have raised some questions. I believe such questions need to be addressed by the relevant organs of the association. “We are all lawyers. We encourage citizens to approach the court for redress where they felt wronged. So, why are we afraid to subject ourselves to the same judicial process of seeking redress where some members, who contested elections, felt that the process was not fair, and buy that, they have been wronged? “I cannot begin to set agenda now until we clear the Augean stables. If all that we are hearing was what happened before and during the election process, I think the NBA needs a thorough cleansing. But then, you cannot expect the lawyers to do better. “They are part of the larger society where the political process is dominated by fraud and electoral heist. The association is peopled by lawyers, who are either politicians, friends of politicians or whose clients are politicians,” Akinwumi said. A former NBA President Olisa Agbakoba (SAN) had also urged Gadzama to accept the result in the interest of the Bar’s unity. Source: nation]]>