Anne Agi Of Unity Bar Shows Shock Over Her Disqualification By ECNBA, Urges Supporters To Remain Calm As She Appeals Committee's Decision

One of the aspirants of the forthcoming NBA National Election, Anne Agi of Unity Bar has reacted to the notice of disqualification made by the Electoral Committee of the Nigerian Bar Association. According to her, she was shocked receiving the news of the disqualification, because to her best of knowledge, she has met all the requirements stated in the 2015 NBA Constitution. Commenting on the notice, she stated that she has consistently paid her annual branch dues which was affirmed by the Committee, nevertheless, she was astonished at the reverse in the committee’s decision. She further urged her supporters to be calm, adding that she has appealed the committee’s decision and she is confident something positive will come out of the appeal. Below reads her press statement Good day, dear colleagues. As you are well aware, the ECNBA had previously cleared me to contest for the position of 1st Assistant Secretary in the forthcoming NBA National Elections. However, the Committee has written back to me disqualifying me. The reason given is that I am not in compliance with Section 8(3)(a) of the NBA Constitution. The said Section 8((3)(a) provides as follows: “Qualifications to hold a National Office A member of the Association shall be qualified to hold a National Office if: (a) He/She is a full member of the Association and has paid, as at the date of his/her nomination, his/her practising fees and Branch Dues, as and when due, for three (3) consecutive years inclusive of the year of election;…”. To the best of my knowledge, I am in compliance with the said Section as I paid my branch dues and Bar Practicing Fees for 2016-2018 as and when due into only branch recognised accounts. I am told that my disqualification was as a result of a petition written against me and other contestants from Abuja Branch but I have not been accorded the privilege of seeing the said Petition. I appealed against the said decision of the ECNBA and attached my tellers evidencing payment of my branch dues and Bar practice fees (BPF) for 2016-2018 paid as and when due. In my appeal I informed the ECNBA that the account I paid my 2017 branch dues into was a recognised branch account with the name: ‘NBA Abuja Branch’ with Account No: ‘0694758692’ which was validly opened by the Agada Elachi led executive of the branch. I informed the ECNBA that the funds in that branch account belong to the branch and the branch has not complained that the said account is not hers. I further reminded the Committee that by the provisions of Section 13(2) of the uniform Bye-Laws for Branches of the NBA constitution, “All monies belonging to the Branch shall be kept in bank accounts to be opened in its name with such reputable banker(s) as the Branch Executive Committee shall decide PROVIDED that the Executive Committee shall not open any new bank account without the approval of the General Meeting”. No General Meeting of the branch approved the opening of any other branch account before April 2017. In April 2017, members of the Abuja branch were informed at a meeting that due to the branch crisis, pursuant to a NEC resolution, a new branch account had been opened with Access Bank No: 0709144759. Upon this information formally passed to the branch and ratified by members, I proceeded to pay my 2018 branch dues into the new account on the 20th day of March, 2018. Thus my branch dues and practicing fees were all paid as and when due. I further informed the ECNBA that the Chairman of the Branch had written a letter of good standing stating that I had paid my dues for 3 preceding years qualifying me to run. I informed the ECNBA that on the basis of the payment of my branch dues into branch account No: 0694758692 in 2017, I was issued practice stamps for 2017 based on the same 2017 payment teller by the NBA National Secretariat so the ECNBA cannot say I am in violation of 8(3)(a) or declare my receipts as being invalid when the National Secretariat of the NBA recognises it as valid and issued me stamps for 2017 based on it. It is one Association, it cannot approbate and reprobate at the same time. I went on to remind the ECNBA of the provisions of Section 2.1 (f) of the Second Schedule of the NBA Constitution 2015 which deals with the duties of the electoral committee when it provides: “The Electoral Committee shall upon consideration of the nominations it receives determine the qualifications of the candidate concerned not later than ONE MONTH BEFORE the election”. I reminded the ECNBA that in compliance with the above provision, the Committee had earlier screened and cleared me in its screening notice of 13th June, 2018. In doing so, the Committee had rightly determined my qualification to run the NBA National elections not later than one month before the election. Thus having cleared me to run on the 13th of June, 2018, it cannot therefore turn around and overrule itself on the matter; it is not so empowered anywhere in the Constitution. Even if it could reverse itself, by Section 2.1 (f) cited above, it is bound to do so no later than one month before the election. The Committee communicated my subsequent disqualification to me via a letter dated the 7th day of July, 2018. That is exactly 20 days before the election and later than one month before the election as prescribed by the NBA Constitution. I thus respectfully informed the ECNBA that should it insist on this path, it will clearly be running afoul of Section 2.1(f) of the NBA Constitution 2015. My appeal was dated the 7th day of July, 2018 and sent by email to the Committee via the email address: 2018elections@nigerianbar.org.ng. The Committee failed to respond. Upon not receiving any response, on the 14th day of July, 2018, I wrote a further appeal to the ECNBA on the matter and sent it via the same email address. I still have not received any response even though the head of Bar Services confirmed that she had received my email and forwarded it to the Committee. Till date, no one has responded to my appeal or that of the other Abuja contestants. The whole issue is perplexing as I have evidence of payment of my practicing fees and branch dues for 2016-2018 all paid as and when due, yet the ECNBA says I am in violation of Section 8(3)(a) of the Constitution! I reiterate that the account I paid my 2017 branch dues into was validly opened by the Agada Elachi led executive of NBA Abuja Branch, it called NBA ABUJA BRANCH, it belongs to the branch and not an individual and it is the same account I paid my branch dues into in 2016 and where over 90% of Abuja branch members paid their dues into in 2017. Information of a new branch account opened by the General Secretary pursuant to a directive of NEC was not available to the branch until April 2017 AFTER I and the other contestants had paid our practicing fees and branch dues. Thus if the Committee decides to disqualify me and the others for failing to pay into the new account, which we were unaware of at the time we paid, despite the fact that we have informed them that we were not aware of the said account until we had paid in our dues in 2017, then I respectfully request that they show actual proof that I actually received notice of this change of account BEFORE April, 2017. I received a notice of disqualification on the 7th day of July, 2018 and in compliance with 2.7(a) above, I sent in an appeal on the 9th day of July, 2018, within the 7 day period. I have also sent in a further appeal. Consequently, I await the reply from the Committee to enable me make my position known. In view of this, I humbly urge my teeming supporters to remain calm as I believe the Committee is made up of eminent men and women of high repute who will do the needful. I thank you all for your support throughout the journey. I have been truly overwhelmed and amazed by your support for my candidacy. Thank you all. ANNE AGI, LL. M, LL. B, B. L]]>