* Appointment unconstitutional, Oghenero Okoro argues * My interest to be NEC Representative Stands, Oghenero Okoro insists The crisis rocking the Warri branch of the Nigerian Bar Association seems to have been deepened after the current chairman of the branch, Mr, Micheal Asugo refused Oghenero Okoro an opportunity of moving the motion challenging the appointment of Mr. G. O. K. Ebowe, friend of the current chairman as the NEC representative of the Branch. Mr. Oghenero Okoro, former secretary and vice chairman of the branch had through a motion argued that by the provision of Section 9 of the third schedule, part one of the NBA uniform byelaws, the election of a branch NEC representative is not a prerogative of the sitting chairman to unilaterally appoint an immediate past chairman of the branch as a branch NEC Representatives but that the appointment of a branch NEC representatives is by election from among the two preceding past chairmen and vice chairmen and it is only when these categories of members declined that another person of not less than ten years post call can be appointed by the Executive Committee and not the chairman of the Branch. He, therefore, argued that the appointment made by the chairman despite his clear indication of interest is unconstitutional. However, Oghenero Okoro alleged that the motion which ought to have been moved by August but was set aside to September was not moved. It was also alleged that the chairman of the branch had refused him moving the motion. According to a source, the chairman summarily dismissed the motion and insisted that his appointment of Mr. G. O. K. Ebowe stands and whosoever that does not like his decision can as well leave the branch. The rather shocking dismissal led to chaos as most members staged a walk out protest. When the branch chairman, Micheal Asugo, was contacted by TheNigerialawyer correspondent, he refuted some of the allegations raised by Oghenero Okoro According to him “Oghenero Okoro was one of the four persons qualified to contest for the position of NEC Rep by the constitution of the NBA. “The qualification for the position of NEC Rep is to be held during the general election of the branch, he is supposed to indicate interest to the electoral committee then election will be held among the four who are qualified. “Whereby no one indicates interest the branch chairman can appoint someone. “During the general election he didn’t indicate interest. He actually wanted to contest with me for the position of branch chairman but was disqualified. “When I came in I looked at the provision and since they didn’t contest during the general election, the position is for the chairman to appoint, and I appointed one of them who is ordinarily qualified to contest,” he said. He denied the allegation that he refused Okoro from moving his motion. “I didn’t refuse him from moving his motion. While he was moving his motion, another member objected to it, that the grounds upon which the motion is based is contrary to the constitution because the constitution says that you can only contest during the general election and at the time he indicated interest was not the general election.” “I ruled that the objection was correct, you must understand that the position he is holding is that he must be allowed to contest. “If he disagrees then he can appeal to the national let them interpret whether what we did was right or wrong. “The constitution was written for all of us by the national. He had an opportunity to move his motion but someone objected to it. “There was no altercation during the meeting and I never said any person who is not okay with my decision can leave the branch for another,” he said.]]>

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