By Onikepo Braithwaite
![](https://thenigerialawyer.com/wp-content/uploads/2026/06/ELLAN.png")
![](https://thenigerialawyer.com/wp-content/uploads/2026/05/2026-Summer-IDRI-Masterclass.jpg")
Onikepo.braithwaite@thisdaylive.com
Certain actions lend credibility to an election or government, while others discredit either the election, or the government, particularly when the actions complained about occur on the eve of elections. The ‘problematic’ actions tend to make observers either question the motives of the government, the incumbent, election organisers or participants, or conclude that there is an underlying sinister plan to make sure someone loses an election or give others a better chance to win. We have seen this in our general elections, and even the Nigerian Bar Association (NBA) national elections held last month.
2023 Presidential Election
When President Bola Tinubu, GCFR lost Lagos to Peter Obi in the 2023 Presidential election, it brought some credibility to the election. Lagos has been known as President Tinubu’s stronghold, since he became Governor of the State in 1999. A Yoruba candidate losing his stronghold in Yorubaland to a non-Yoruba candidate in the first election that he personally stood for after 20 years, albeit that Lagos, like the FCT, Abuja, is considered to be a melting pot of all ethnicities, not only somewhat rendered the argument of some who cried foul that the election in Lagos was rigged as debatable, but brought back the nostalgia of Federalism of the good old days where non-indigenes/different ethnicities were able to win elections in areas where they were settlers.
2026 Osun State Gubernatorial Election
On the other hand, other actions that sabotage the credibility of an election are like that of the EFCC (Economic and Financial Crimes Commission) placing a ‘Post No Debit’ (PND) on the Osun State Government (OSG) Account at First Bank, a few days to the Gubernatorial election scheduled to take place on August 15; it not only brings the Federal Government into disrepute, seeing as the EFCC is one of its agencies, but discredits the election itself, as it smacks of desperation to sabotage the operations of the OSG just before the election, to make it unpopular, even with its workers, thereby giving the main contender, the APC (All Progressives Congress), Nigeria’s ruling party, a chance to take advantage of the unpopularity of OSG created by the freezing of its account and inability to meet its commitments, to win the election.
Even though the EFCC insists the freeze was triggered by sudden recent large transfers, the timing makes EFCC’s actions appear to be less altruistic and more like witch-hunting a political opponent, particularly as OSG is the only State that suffered that fate, despite the fact that the EFCC’s Director of Public Affairs, Wilson Uwujaren, stated on an the Arise TV Morning Show Interview last Thursday, that 18 States were under investigation. Why were their accounts not frozen too? Because they are predominantly APC? EFCC’s actions concerning OSG, appeared to be a preparation to set the stage for an election that would be conducted on an uneven playing field!
It was therefore good, that President Tinubu, embarrassed by EFCC’s not-so-subtle move, publicly stated that he was unaware of EFCC’s outing in Osun State, ordered EFCC to go to court to vacate the order freezing the account, even though Governor Ademola Adeleke, in an earlier statement, did mention that the action was taken without a court order. There appears to be a controversy, about the existence of a court order. Mr Uwujaren didn’t specifically set this record straight, but responded that by virtue of Section 7(6) of the Money Laundering (Prevention and Prohibition) Act 2022 (MLA), the Commission had 72 hours from the date the account was frozen to secure a court order, “if it is discovered that such account or transaction is suspected to be involved in any unlawful act”. See Polaris Bank Ltd v Jude Bela Eje, EFCC & Ors (2022) LPELR-57975 (CA) per Muslim Sule Hassan, JCA where the Court of Appeal held: “Upon the expiration of the 72 hours and where the Commission is not done with its activities in respect of the account, a court order has to be obtained to extend the life of the order freezing the account. Where the required court order is not made available, the stop order or the order freezing the account lapses, and the financial institution must unfreeze the account”. Even though the PND would have lapsed in 72 hours, the President appears to have understood the implications and bad optics arising from EFCC’s action, which necessitated him to publicly distance himself from it. Or maybe it was necessary because, even without proof of any unlawful act on OSG’s part, EFCC could still have secured a court order or kept the account frozen. After all, the accounts of a client of mine were frozen by EFCC for over 6 years, without a court order or evidence of any unlawful act. Many see EFCC as a tool for political witch-hunting, or settling scores against enemies.
2022/2023 Naira Redesign Policy
The OSG incident is reminiscent of President Buhari/former CBN Governor, Godwin Emefiele’s disastrous Naira Redesign Policy coupled with an incessant fuel shortage extremely close to the 2023 general elections. Both occurrences which could have been easily avoided, painted the ruling APC in such a terrible light and made the party unpopular with the people, as Nigerians were plunged into deep suffering without cash and fuel. See Section 16(2)(b) of the 1999 Constitution of the Federal Republic of Nigeria (as amended)(the Constitution). It was clear that though the Federal Government was APC, they obviously wanted someone else or anyone else but their own party candidate to win the election, and were sabotaging him and the party with their unpopular policies so close to the elections. At the time, Malam Nasiru El Rufai spearheaded the opposition against the Naira redesign, and the repugnant policy was shot down in AG Kaduna State & Ors v AGF & Ors (2023) LPELR-59936(SC) per Emmanuel Akomaye Agim, JSC.
2026 Nigerian Bar Association National Elections
It’s the same with the NBA and the Electoral Committee of the NBA (ECNBA). Their actions before and after the elections, are not only questionable, but erode the integrity and legitimacy of the elections. The playing field for the 2026 election was glaringly uneven, and several red flags were raised publicly, prior to the election, but the ECNBA ignored them and proceeded with the election, as if no legitimate complaints had been made. When an electoral body insists on proceeding with an election without implementing the necessary corrections to deliver a free, fair and credible election, it wouldn’t be illogical to conclude that such body is not impartial. It therefore, came as no surprise that the election platform collapsed within minutes of its opening, seeing as questions about the qualifications and competency of Mikrodigital that conducted the electronic voting, and Thanelinc, the data protector, had been raised.
The new platform that was created by Mikrodigital was obviously defective, as it succeeded in disenfranchising thousands of eligible voters, including myself. I feel cheated that I was unable to vote, despite paying my Bar Practising Fee and Branch Dues on January 2, 2026, and doing the requisite confirmation when the voters’ list was published.
The NBA Constitution provides for an internal dispute resolution mechanism in the event of any conflict between members or a member and the NBA, which shall first be exhausted. See Section 21 of the NBA Constitution 2015 (as amended in 2021 & 2025). It gives 60 days from the submission of the dispute for the Resolution Committee to decide, and its decision is final and binding. I believe this Committee for other member/Association disputes, is different from National Officers Election Appeal Committee, the specialised body for national election disputes which has shorter timelines for dispute resolution. Nevertheless, a mechanism that prevents a candidate from gaining access to the tools that will allow them to properly lay out their dispute for resolution, or somehow frustrates the efforts of the Complainant, is not an effective dispute resolution mechanism. See Section 36(1) of the Constitution on fair hearing.
I watched a television interview of one of the NBA Presidential candidates, Lateef Omoyemi Akangbe, SAN, demanding for a rerun for the over 70% disenfranchised Lawyers, like myself. The body language of the Appeal Committee is not to grant that request. He even questioned the neutrality of the Committee, mentioning that he saw the congratulatory message of one of the members to the declared winner of the Presidential election, on her social media page. The NBA President has publicly attributed the paltry 26.1% of votes, to a low voter turnout. It is obvious that the in-house dispute resolution mechanism has been exhausted, and just as the red flags that were raised before the election were ignored, nothing meaningful will arise from the internal dispute resolution. It has been exhausted.
Section 6(6)(b) of the Constitution allows for the submission of any dispute concerning the determination of the civil rights of any individual (aside from those excluded in Section 6(6)(c) thereof), which obviously includes an NBA election petition – it is a constitutional right. Aggrieved candidates certainly have the locus standi, to take their complaints to court.
Conclusion
Actions taken on the eve of elections may carry a heavier burden of justification, than those taken in ordinary times. Be it a Federal agency such as the EFCC freezing a State Government’s account days before a Governorship election, or an electoral body proceeding with a technologically compromised electronic voting system after multiple public warnings, the common denominator is the same: the appearance that the process has been tilted or compromised, thereby, diminishing the credibility of such an election. Credibility is not restored by subsequent explanations, or by attributing low voter turnout to apathy; it is preserved by meticulous adherence to process, and by scrupulous regard for timing.
In the case of the NBA, so far, the internal dispute-resolution machinery doesn’t appear to be interested in delivering a transparent, time-bound determination that addresses the scale of the alleged disenfranchisement, seeing as the NBA leadership is hell-bent on pushing the narrative of low voter turnout, instead of disenfranchisement due to an incompetent electronic platform. It is as clear as crystal that, an election in which more than two-thirds of the published eligible voters could not cast their ballots, cannot lightly be dismissed as a mere case of low turnout – it is an inconclusive election. That constitutional safety-net of Section 6(6)(b) exists to preserve the rights of an aggrieved party by going to court, especially when internal mechanisms appear inadequate or compromised.
Institutions – be it the EFCC or the ECNBA, must not only be independent, they must be seen to act with fairness, restraint and transparency, particularly when the stakes of an election are highest. Anything less, invites the very cynicism that erodes public confidence in both Government and the profession.
Like I have repeatedly stated in the past, the NBA is overdue for a second female President (and many more, subsequently), but, one who emerges from a credible election, not marred with such obvious irregularities and massive disenfranchisement. If Mr Akangbe’s request for a rerun on a credible platform for the roughly 70% disenfranchised eligible voters is granted, and the female candidate, Mrs Oyinkansola Badejo-Okusanya, SAN emerges the winner, it will be to the joy of all women, including my humble self.
The book also examines Nigeria's legal ecosystem, focusing on the LPELR and NBA AI Guidelines. As a bonus, every purchase comes with a FREE eBook titled: How to Use the AI Features in LegalPedia and LawPavilion.
Ohio Books Ltd praises the publication, stating:
"....this is the only Nigerian book I know of on the topic."
How to Order:
📞 Call, Text, or WhatsApp: 08034917063 | 07055285878
📧 Email: benadigwe1@gmail.com
🌎 Website: www.benadigwe.com
Ebook Version: Access it directly online at https://selar.com/prv626
Authored by Ben Ijeoma Adigwe Esq., ACIarb (UK), LL.M, Dip. in Artificial Intelligence, Director at the Delta State Ministry of Justice, Asaba, Nigeria.
_______________________________________________________________________
“Order Justice Omolaye-Ajileye’s Electronic Evidence Books Now” — Essential Guides On Evidence Act, Case Law And Digital Proof
Interested buyers are encouraged to place their orders and enquiries via:
0704 444 4777, 0704 444 4999, 0818 199 9888
Website: www.alexandernigeria.com
