Tobenna Erojikwe, a candidate in the recently concluded Nigerian Bar Association (NBA) presidential election, has alleged bias against him in the way the NBA National Officers Elections Appeal Committee has conducted its proceedings regarding his petition against the July 20, 2024 election results.
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In a letter addressed to the Chairman and Members of the Appeal Committee, Erojikwe detailed several grievances:
On Friday, August 9, Erojikwe’s legal team filed three subpoenas against respondents to produce relevant election documents. On Saturday, they were informed that proceedings would begin on Monday, but no venue or time was provided. Requests for clarification went unanswered until 9:04 AM on Monday, past the 9:00 AM scheduled start time, making it impossible for Erojikwe’s team to attend. The Appeal Committee denied their request for a brief adjournment but rescheduled to accommodate counsel for a respondent.
During the August 12 proceedings, the Appeal Committee Chairman referenced a related court case filed by Erojikwe, information not submitted by any party, suggesting ex-parte communications took place without Erojikwe’s knowledge. The Appeal Committee also apparently held prior proceedings without notifying Erojikwe or his lawyers.
Erojikwe stated the Appeal Committee has refused to conduct hearings or admit evidence, claiming to be merely a “fact-finding Committee.” However, he argued this contradicts the NBA Constitution, which empowers the Committee to “resolve electoral complaints and disputes” in an adjudicatory capacity.
Finally, Erojikwe alleged that some Appeal Committee members, including the Chairman, have openly declared support for the candidate announced as winner. He cited a congratulatory message from the Chairman commending the NBA leadership “for being steadfast for the emergence of the people’s President” and describing the election as “historic,” “epochal,” and “the freest and fairest.”
Petion Against Appeal Committee (130824)“Having publicly expressed such partisan opinion over the conduct of the Elections, the Chairman of the Appeal Committee is not qualified to sit as an unbiased umpire over disputes arising from that Elections. Indeed, he had a moral obligation to excuse himself from the Appeal Committee and it is a travesty that he did not,” Erojikwe wrote.
Erojikwe called on the Appeal Committee to recuse themselves and requested that a new, independent Election Petitions Committee be constituted to ensure justice and fairness in determining his petition against the July 20th NBA presidential election.
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