NBA Abuja Unified Elections: Abimbola Led Faction Writes NBA GS, Insists On Byelaw Compliance

As Henry Okolo Kicks, Says, Your Call On Observance Of Rule Law In Abuja Election Is In Bad Faith

The Abimbola faction of the Nigerian Bar Association (NBA), Abuja Branch (Unity Bar), has disagreed with the National Electoral Committee headed by the General Secretary over strict compliance with the NBA Bye-laws for the conduct of elections of the Branch slated for this June.

In a letter written by Abimbola Michael Kayode to the General Secretary of the Association, made available to TheNigeriaLawyer (TNL), Abimbola faction recalls “the meeting convened to discuss the possibility and modality for conducting a Unified Election for the Branch which was held at the General Secretary’s conference room at the NBA National Secretariat on the 3rd and 4thof June 2020” and attended by the two factions of the Branch”

The Abimbola Kayode Faction insists that the General Secretary must comply with the directive issued in an earlier circular addressed to all Branches titled “COMPLIANCE WITH THE NBA UNIFORM BYE-LAWS FOR BRANCHES IN THE BRANCH ELECTIONS SCHEDULED FOR JUNE 2020” dated the 29th of May 2020.

The Abimbola Faction drew the General Secretary’s attention to a clause in the circular which reads:

“Waiver or modification of the Uniform Bye-Laws is not permitted or allowed. Therefore. the extant provisions of the Uniform Bye-Laws must be complied with strictly. For the avoidance of doubt. the National Secretariat shall treat as void the election of anyone which is in contravention of the provisions of the Uniform Bye-Laws”

The Nigeria Lawyer recalls that the Abimbola Kayode faction earlier challenged the Constitutionality of the Electoral Committee set up by the NBA President, Mr. Paul Usoro, SAN. The Kayode faction vowed to abide by the strict letter of the Bye-Laws.

However, in response, an Abuja based Lawyer, Henry Okolo challenged the moral justification for such a call by Abimbola Faction. Okolo contended that the Abimbola exco was “created in disobedience to a court order by Justice Kekemeke” and that “the Princess Chukwuani Caretaker Committee that conducted their election was not contemplated by the Byelaws.”

“In a Unified Electoral process, there should be room for some give-and-take. Though Folarin and co have an injunction legally speaking, they agreed to commit to the process. “Now the Abimbola group wants to use adherence to the constitution to disenfranchise Lawyers in the FCT when the process that produced them was flawed. “Therefore, the leadership of Abimbola faction lacks the justification to call for a strict observance to the Bye-Laws since the said leadership of the faction was produced in disregard for Rule of Law.”

The order of Hon. Justice Kekemeke was granted in a matter between Ezenwa Anumnu and the Incorporated Trustees of the Nigerian Bar Association in Suit No. FCT/HC/CV/277/16 and Motion No. FCT/HC/M/4134/17 on the 29th day of June 2016 as follows:

“An order of interlocutory Injunction is hereby issued restraining the Defendant/Respondent either by itself, agents, officials and privies or the purported Caretaker Committee or any other Committee by whatever name called and constituted pursuant to the Resolution of the National Executive Committee of the Nigerian Bar Association (NBA) from putting into effect the Resolutions made at the National Executive Meeting (NEC) pending the determination of this suit

“The Defendant/Respondent is further restrained either by itself, agents, officials and privies or the purported Caretaker Committee or any other Committee by whatever name called and constituted pursuant to the Resolution of the National Executive Committee of the Nigerian Bar Association from conducting any election whatsoever for the offices of Chairman and Secretary of the Nigerian Bar Association, Abuja Branch, pending the determination of this suit.”

It is recalled that Mr. Ezenwa Anumnu handed over to Folarin Aluko as Chairman of the NBA Abuja Branch.