This time the Nigerian Bar Association will also find itself in another crisis that might end up in the Court of law. Afam Osigwe’s disqualification from participation in the next coming election has a serious legal defect. During the last election, Mr. Joe Kyari Gadzama, the unsuccessful candidate in the election, filed a suit challenging the outcome of the election, which according to him was marred by electoral malpractices. As a former Vice Chairman of the Kano branch of the Nigerian Bar Association, I feel it is not right for me to be silent at this time. I need to draw the attention of our colleagues of the fundamental error in the Nigerian Bar Association Constitution, 2015. The basis of this write up is not, about the reason that led to the disqualification of Mr. Osigwe. But the focus of this article is on the constitutionality of the Professor Auwalu Hmaisu Yadudu’s Electoral Committee of the Nigerian Bar Association (ENCBA) decision to disqualify a candidate and also at the same time to sit on an appeal to review the same issue of disqualification. It is contrary to common sense and justice. It is an elementary principle of law that right to fair hearing is a constitutionally guaranteed to be observed by any person or authority in Nigeria. One of the twins pillars of justice is that no person should be a judge in his own cause, see Dr. Alakija v. Medical Disciplinary Committee (1959) 4 F.S.C. 38. My lord Justice Karibi Whyte, Justice of the Supreme Court (as he then was), in Adeniyi v. Gov. Council, Yaba (1993) 7 SCNJ, had emphasized the importance of the two pillars of justices. “Our law recognizes (the) two fundamental principles of justice as natural and inherent…and…are entrenched in the Constitution of the Federation 1979.” These principles are the core of section 36 of the 1999 Constitution, (As Amended), see Daniel v. FRN (2013) LPELR-22148, per Dongban-Mensem, (JCA). It was the Electoral Committee of the NBA, in a letter dated 14th June, 2018, addressed to Mr. Osigwe disqualified him. Moreover, the same committee in another letter, a reply to Mr. Osigwe’s appeal to review its decision, the committee declined to do so; “we regret to inform you that the committee finds no merit in your said appeal.” The committee ruled, in a letter, dated 29th June, 2018, signed by the Chairman and Secretary of the Committee, Professor Yadudu, and Bolaji A. Agoro Esq, respectively. The double role played by the ENCBA, pursuance to the schedule 2.7(a) & (b) to the second schedule of the NBA Constitution is null and void. Even political parties do not assign the dual role to their electoral committees. To appreciate the point, the recent convention of the All Progressives Congress is an apt example. The election that brought Adams Oshimhole led executive was conducted by Governor Badaru Abubakar. An appeal committee was chaired, by Governor Rochas Okorocha. Then why should, an umbrella of lawyers seriously goofed over a simple legal issue. I am appealing to the leadership of the Nigeria Bar Association to constitute another committee to consider the appeal of Mr. Osigwe’s appeal. No doubt Professor Yadudu’s committee lacked the legal and moral right to disqualify a candidate and at the same time to sit on an appeal over their decision. Failure to establish another committee to review the decision of the ENCBA on the disqualification will make NBA a laughing stock in the eyes of reasonable man. Musa Adamu Aliyu Esq, Former Vice Chairman, Nigerian Bar Association, Kano Branch. 2nd July, 2018]]>
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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.
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Authored by Ben Ijeoma Adigwe Esq., ACIarb (UK), LL.M, Dip. in Artificial Intelligence, Director at the Delta State Ministry of Justice, Asaba, Nigeria.
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