The Nigerian Bar Association Branch Elections Appeal Committee (North) has dismissed a petition seeking to disqualify Maxwell Opara from contesting for Chairman of NBA Bwari Branch over pending criminal charges.
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Pascal Jiwuaku and Felix Ipogah, both former NBA Bwari Branch executives, had jointly petitioned the committee arguing that Opara should be disqualified from the chairmanship race due to fraud charges pending against him at FCT High Court 24, Maitama Abuja under case number CR/444/2022.
The petitioners demanded that Opara step aside to clear himself with the Economic and Financial Crimes Commission before contesting the election.
Maxwell Opara, currently a co-opted member of the branch executive, defended his candidacy by arguing that he was properly cleared according to NBA Bye-Laws and maintained his eligibility to contest. He also challenged the Appeal Committee’s jurisdiction, noting that the same petition was simultaneously pending before the Branch Electoral Committee.
The Bwari Branch Electoral Committee (ELCOM) had initially cleared Opara’s candidacy, stating they followed due process including providing hearing opportunities for all parties. ELCOM maintained they acted within their authority under Section 14(3) of the Uniform Bye-Laws regarding candidate credibility.
The Appeal Committee, chaired by Abdul Atadoga Ibrahim SAN with Murtala Aliyu Kankia as Alternate Chairman, found the petition lacked merit on several grounds:
The committee emphasized that mere criminal charges without conviction cannot disqualify a candidate, citing the constitutional presumption of innocence under Section 36 of the Nigerian Constitution and Section 14(3) of NBA Bye-Laws.
The committee determined that petitioners failed to cite specific legal provisions supporting disqualification and that their arguments were based on moral standards rather than legal requirements. The panel noted that the petitioners themselves conceded Opara’s presumed innocence until proven guilty.
In its June 19, 2025 ruling, the Appeal Committee declared the petition “incompetent” and “lacking merit,” while affirming ELCOM’s decision to clear Opara’s candidacy for the NBA Bwari Branch chairmanship election.
The committee warned that disqualifying candidates based on unproven allegations would set a dangerous precedent and violate electoral rights.
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