The Nigerian Bar Association(NBA) has replied to the NBA Ikeja Branch Caretaker Committee on the correct import of article 6(3) of the Uniform Bye-Laws for Branches in the NBA Constitution.
This is contained in a letter dated 14th day of September, 2020 signed by the NBA General Secretary, which was made available to TheNigeriaLawyer (TNL).
Meanwhile, it was noted that in line with the resolution of the National Executive Committee (NEC) of the NBA on 17th day of February 2016, members who have held an executive position for two years are ineligible to re-contest until the expiration of five years after the end of the two tenures.
The full letter reads:
14 September 2020
Nigerian Bar Association (NBA) Ikeja Branch
Ikeja Bar Centre
Oba Akinjobi GRA
RE: CARETAKER COMMITTEE IKEJA BRANCH DECISION IN RESPECT OF THE FORTHCOMING ELECTION
We acknowledge receipt of your letter of 9th September 2020, requesting for clarification on the provisions of Article 6(3) of the Uniform Bye-Laws for Branches in the NBA Constitution, and your subsequent letter of 10th September 2020, notifying the NBA National body of the decision of the members of the NBA Ikeja Branch Caretaker Committee, in respect of the forthcoming Ikeja Branch Election.
Further to the foregoing, please be informed that at the Nigerian Bar Association National Executive Committee (“NBA NEC”) Meeting held in Jos on 17th February 2016, it was unanimously resolved that the provisions of Article 6(3) of the Uniform Bye-Laws for Branches should apply retrospectively. Similarly, at the NBA NEC Meeting held in Benin on 16th June 2016, it was re-affirmed that the provisions of the said Article 6 (3) should have a retroactive effect. The practical and legal implication of the above decision of the NBA NEC is that any member of our Association who has held elective offices as a Branch officer for two (2) terms is not eligible to contest for a Branch office until at least five (5) years after his/her last term of office, whether or not the person held offices for 2 terms
prior to the coming into force of the NBA Constitution in 2015.
As a corollary to the above, the NBA NEC resolutions on the provisions of Article 6 (3) remains the position of the NBA till date and it is binding on all the NBA Branches, until the same is reversed by a subsequent NEC resolution. In the circumstance, please be guided accordingly by the above resolution in clearing the candidates for the Branch election in order not to act in any manner that contravenes the decision of the NBA NEC.
For avoidance of doubt, only aspirants/candidates who meet the requirement of the said Article 6(3) should be cleared.
We wish you a peaceful and successful election, even as we assure you of our highest
Mrs. Joyce Oduah, FICMC
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