An informal group of lawyers committed to the rule of law has issued a damning report which confirms that last month’s elections of the Nigerian Bar Association (NBA), was massively rigged.
An informal group of lawyers committed to the rule of law has issued a damning report which confirms that last month’s elections of the Nigerian Bar Association (NBA), was massively rigged.
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SaharaReporters reported on the manipulation of the election by the Goodluck Jonathan administration ahead of the election, and at its conclusion. The government spent over N1 billion to ensure the success of its plan.
In the election, Mr. Okey Wali, a former Commissioner for Justice in Rivers State and the candidate who enjoyed the support of Mr. Jonathan’s administration, defeated the pre-election favourite, Emeka Ngige.
Mr. Ngige argued that the election was flawed, citing a variety of electoral malpractices.
In a report authored on its behalf by Ikeazor Akaraiwe, Rule of Law-Nigeria agreed with him, observing that with the quality of the elections the NBA conducts, the association lacks the moral standing to criticize the Independent National Electoral Commission.
Describing the mechanisms for electing the leadership of the NBA as out-dated, scandal-prone and liable to whimsical capture, it said that the allegations arising from the 2012 election have the effect of diminishing the NBA in the public esteem and causing anxiety in the eyes of well-meaning members of the Bar, Bench and Public.
“NBA has under 100, 000 members but cannot organise elections on universal suffrage for that number,” the group lamented. “We give excuses such as logistics. We are working with a 15th century mentality in the 21st century, where everyone needs to be physically present for accreditation.”
It advocated a four or five-year programme of reform so that by 2016, the NBA would replace “these backward elections” with “digital elections at the Bar,” arguing that this must be made mandatory.
“Now, let us therefore constitute a study group to put together a report with technical specifications on how we can acquire digital capabilities, with an ambition to give universal suffrage to every lawyer,” the report said.
On accreditation, which is a contentious issue at every NBA election, Rule of Law-Nigeria said the association ought to accredit every lawyer where he or she is. “Why go all the way to Abuja to be accredited, when these can be easily processed through the branches in a digital form?” the report asked.
It also suggested a Digital Interface Point to manage registration and accreditation for elections.
“To ensure transparency in the management of numbers and allocation of delegates, besides Senior Advocates, nominated NEC members, or co-opted NEC members, Benchers and the elected executives of the Bar whom we know (Some of these are in some cases vested in one person), a digital interface point can be located in the capital of each state, and anyone who can get to the state capital, can be registered and accredited,” it said.
[Full text of the report]:
A STUDY OF THE ALLEGATIONS ARISING FROM THE NIGERIAN BAR ASSOCIATION ELECTIONS OF JULY 17, 2012
AND
OBSERVATIONS & RECOMMENDATIONS THEREFROM
By
Ikeazor Akaraiwe, Esq.
1st Vice-President NBA (2008-2010)
Chair, NBA Human Rights Institute (NBAHRI: 2008-2010)
Alternate Chair NBA SPIDEL (2010-2012)
CONTENTS
1. Introduction page 3
2. NBA Elections of July 2012 page 5
3. Specific Allegations page 6
4. Reactions By The NBA To The Allegations page 12
5. A Representative Sample Of Reactions From
Other Members Of The NBA page 14
6. Findings page 19
7. Conclusive Findings & Observations page 27
1.0 INTRODUCTION:
1.1 Pursuant to the Aims and Objects of the Nigerian Bar Association (NBA) as encapsulated in S.4 of the Constitution of the Association (as amended and adopted at the Delegates Conference held in Lagos 0n 20th August 2009) (hereinafter referred to as “the Constitution”) especially S.4 (a): “Maintenance and Defence of the Integrity and Independence of the Bar and the Judiciary in Nigeria;” and S.4 (f): “Maintenance of the highest standards of professional conduct, etiquette and discipline”;
1.2 Pursuant to the Core Objectives and Directive Principles of the NBA as adopted by NEC at Bauchi in November 2006 as follows:
1.2.1 Conceptual Definition - To be at the vanguard for the promotion and defence of the Rule of Law, Good Governance, Social Justice and the Dignity of all persons;
1.2.2 Vision - To rank among the foremost Bar Associations in the world;
1.2.3 Mission - To use the Law As An Instrument For Social Change;
1.2.4 Motto - Promoting The Rule of Law;
1.2.5 Core Values - Integrity, Excellence, Courage, Professionalism; and
1.2.6 Brand Responsibility - Courageous, Assertive, Independent, Leader.
1.3 We, as concerned members of the Association, guided by the twin considerations of dispassion and integrity have freely elected to make this study and submit these recommendations pursuant to the imperative of living up to the Core Objectives Principles of the Association aforesaid.
2.0 NBA ELECTIONS OF JULY 2012
2.1 The NBA held its biennial delegates election conference on the 17th day of July 2012 and conducted elections into various national offices at A-Class Park, Abuja. Thereafter, results were announced with the following persons emerging as winners:
Okey Wali SAN - President
Emeka Obegolu – General Secretary
OJ Erhabor – 1st Vice-President
Steve Abar – 2nd Vice-President
Francis Ekwere – 3rd Vice-President
Paul Ebiala – 1st Assistant Secretary
UFO Nnaemeka – 2nd Assistant Secretary
Joyce Oduah – Treasurer
Usman Sule – Legal Adviser
Afam Obi - Publicity Secretary
John-Austin Unachukwu – Asst. Publicity Secretary
Kelvin Ejelonu – Welfare Secretary
There were no candidates for the offices of Financial Secretary and Asst Financial Secretary and thus not filled.
2.2 In the aftermath of allegations and counter-allegations of various electoral malpractices were made. From comments on cyberspace, media and elsewhere, these allegations had the effect of diminishing the Association in the public esteem and causing anxiety in the eyes of well-meaning members of the Bar, Bench and Public.
3.0 SPECIFIC ALLEGATIONS:
3.1 Emeka Ngige SAN (contestant for the office of President):
According to him:
3.1.1 Serious manipulations and grave anomalies in the Nigerian Bar Association (NBA) biennial Delegates Conference held in Abuja to elect national officers;
3.1.2 Entire process for the elections were marred by irregularities and gross abuse of the electoral process, all aimed to achieve a desired outcome;
3.1.3 Wrote to the General Secretary of the NBA, Mr. Olumuyiwa Akinboro on 28th June 2012 requesting especially for a copy of the Delegates/Voters List. The letter was duly acknowledged by the Secretariat. The list was never issued to him by the current NBA leadership;
3.1.4 48 hours to the elections, the Delegates List was still shrouded in secrecy. The list was eventually released for public scrutiny barely 24 hours to voting;
3.1.5 The displayed list was riddled with serious anomalies, irregularities and contradictions;
3.1.6 The displayed voters’ register totally contradicts the actual voters’ register used for the elections. A few examples:
a. The National Executive Committee (NEC) list was manipulated to include non-NEC members and even those who are constitutionally disqualified from being NEC members. For example, Mrs. Ranti Bosede Daudu and Mr. Paul “Tunde” Daudu, wife and son respectively of the incumbent NBA President, J. B. Daudu (NBA), were smuggled in as ‘NEC members’ without the mandatory approval by NEC as required by the NBA Constitution;
b. Tunde Daudu is less than 10 years at the Bar and is therefore disqualified from becoming a NEC member;
c. Non NEC members were perceived to be persons who signed themselves in as ‘Observers’ consistently in virtually all NEC meetings but were listed as NEC members for the purpose of the elections. Minutes of NEC meetings evidencing this were handed over to us. These persons allegedly included:
Barth Okoye-Aniche, Esq. (signed in as an Observer in NEC meetings of 25/11/10 no.1), 9/6/11 (no.104), 23/2/12 (no.361);
MB Audie, Esq. (signed in as an Observer in NEC meeting of 25/11/10 (no. 12)
Marc Enamhe, Esq. (signed in as an Observer in NEC meetings of 25/11/10 (no.18), 23/2/12 (no.)
Chidi Ezenwafor, Esq. (signed in as an Observer in NEC meetings of 25/11/10 (no. 46), 28/7/11 (no.1), 23/2/12 (no.407)
Waya A, Esq. (signed in as an Observer in NEC meeting of 25/11/10 (no.99),
IP Igbuan, Esq. (signed in as an Observer in NEC meetings of 25/11/10 (no.106), 9/6/11 (no.46), 21/08/11 (no.139)
Ganny Ajape, Esq. (signed in as an Observer in NEC meeting of 25/11/10 (no.121)
Dr. Mrs. Zuwairatu Mantu (signed in as an Observer in NEC meeting of 25/11/10 (no. 171);
Mrs. Boma Ozobia (signed in as an Observer in NEC meetings of 9/6/11 (no.161), 23/2/12 (no.382);
Mirabel Edozie (signed in as an Observer in NEC meeting of 9/6/11 (no.224);
Monday Adjeh, Esq. (signed in as an Observer in NEC meeting of 28/7/11 (no.10);
Haruna A Moh’d, Esq. (signed in as an Observer in NEC meeting of 28/7/11 (no.19);
PB Daudu, Esq. (signed in as an Observer in NEC meeting of 21/08/11 (no.141);
Chidi B. Nworka, Esq. (signed in as an Observer in NEC meeting of 23/02/12 (no.394).
d. The total figures of delegates for some branches perceived to be favourable to the adjudged winner of the presidential election were reduced in the displayed voters’ register to avoid being queried by other aspirants while the actual voters’ register used for the elections was padded with additional names to favour the adjudged winner of the presidential race. An example is Port Harcourt Branch which had only 28 members on the displayed list while additional 15 names were added into the actual voters’ register to bring the Port Harcourt list to 42;
e. Names of deceased persons from Port Harcourt branch were added to the voters’ register. Examples are Chief Nwobidike Nwanodi, SAN and Chief C. A. B. Akparanta, SAN, both deceased;
f. Some members included as NEC members under the “special interest groups” category are constitutionally disqualified from being NEC members by virtue of the mandatory minimum 10-year post-call requirement for membership;
g. For example:
i. Mr. Chidi Ezenwafor (junior counsel in the chambers of General Secretary Akinboro) was called to the Bar on 21st May, 2008 (a mere five years at the Bar);
ii. Mr. Monday Adjeh was called to the Bar in November 2005.
Their inclusion violates Section 9(a)(v) of the NBA Constitution;
h. Some names were duplicated in the voters’ register, giving room for impersonation of such candidates – more so, when the pictures of some of the duplicated delegates were missing from the list.
Instances include names such as
i. Mr. Dele Oye who appeared under Category F/Co-opted NEC Members and Abuja Branch as well as
ii. Mr. Anthony Ani (Attorney-General Enugu State) who appeared under Category F/Co-opted NEC Members and Category E/Benchers;
i. Some branches whose delegates were perceived to be favourable to his candidacy had their number of delegates slashed without any explanation and without an opportunity to query such arbitrariness;
j. Some delegates who were perceived to be favourably disposed to Emeka Ngige’s candidacy could not find their names on the voters’ register;
k. The voters’ register was padded with strange names, more so when such names were bereft of accompanying photographs;
l. The displayed voters’ register was not properly numbered, leading to certain tranches of numbers missing from the list. For example, numbers 31 to 39, 85 to 90 and 178 to 180 were missing from the displayed voters’ register, giving rise to posers on what might have happened;
m. Apparent from the foregoing that the voters’ register was grossly manipulated to favour the presumed winner of the presidential election and highly unfortunate that the Daudu Administration could not conduct a successful, free and fair election for mere ‘1471’ delegates;
3.2 EB Ukiri, Esq. (Incumbent 1st Vice-President and contestant for the office of President):
3.2.1 PERSONAL EXPERIENCES:
“I have been too dumb founded to speak on the NBA elections. My family and I were attacked on 1st June in Port-Harcourt by a gang of criminals who had come specifically for my phone. On Friday, 13th July at 9.21pm a threatening SMS was sent to me warning me to withdraw from the race before it was too late. Less than 9 minutes after my receipt of the SMS, my son was mysteriously attacked in PH. He was hospitalized;
“I managed to travel to Abuja on Sunday, 15th July hoping to formally withdraw in line with the decision of the Mid-West Bar Forum. You recall that I even told you that I would announce my withdrawal at the manifesto night.
“On Monday 16th July, I received the shocking news at about 2pm that my younger brother was killed that day. I am being persuaded not to link the attacks and death of my brother to the NBA elections. I hope I would be able to resist the urge............
“………..I have now studied the delegate list which I had not seen at the time I made my comment on the elections. No one can deny that some names of delegates from Branches were removed and replaced in Abuja. If delegates had been elected by Branch members on whose authority would any person remove and replaced them? What of NEC members? There were persons I had nominated as NEC members and rejected specifically by the President in Gombe NEC who were co-opted as NEC members, days to the election.”
The President-elect, Okey Wali SAN did not respond to the email sent him but in a telephone conversation with the undersigned lamented the huge sums of money distributed by some candidates.
4.0 REACTION BY THE NBA TO THE ALLEGATIONS
No formal reaction from the NBA was received even though exclusive emails were sent out. We requested by telephone without success for a copy of the statement issued the press by General Secretary Muyiwa Akinboro to capture verbatim the position of the NBA. In the absence of this, we relied on the information published by the print media as follows:
4.1 PRESIDENT JB DAUDU, Esq. (SAN)’S REACTION as published in two newspaper interviews; ThisDay Newspaper of August 14, 2012 and The Nation of August 21, 2012:
4.1.1 Described the elections as “the best conducted delegates’ conference ever;” but
4.1.2 Acknowledged the current system of leadership selection in the NBA as an “inexcusable jamboree”; and
4.1.3 That NBA elections ought to be organized in “a more efficient and less time consuming manner;”
4.1.4 Described NBA membership as “a nebulous electorate,” and justified the present delegate system as in the best traditions of “Bar Councils” in other places like the American Bar Association, Ghana Bar Association, Law Society of England and Wales, East African Law Society;
4.1.5 Suggested that it was best for NBA to be organized in such a way that “it is possible to identify the leadership for ten years to come;”
4.1.6 Described calls for restoration of Universal Suffrage in the NBA as “a demonstration of the utter bankruptcy of ideas as to how to run a professional organisation in this day and age;” and that those calls were
4.1.7 Propelled by “hatred for Senior Advocates of Nigeria”
4.2 GENERAL SECRETARY (MUYIWA AKINBORO)’S COMMENTS as published by Punch Newspapers online are hereunder reproduced: http://www.punchng.com/news/no-dead-lawyers-names-in-nba-voters-list/ ‘No dead lawyers names in NBA voters’ list’ July 21, 2012 by Agency Reporter
“The Nigerian Bar Association on Friday denied claims by one of its members, Mr. Emeka Ngige, SAN, that names of dead legal practitioners were used to rig the association’s national election, which held on Tuesday in Abuja.
“Ngige, who lost the presidential election to Mr. Okey Wali, SAN, had claimed that the election was marred by irregularities…….…However, the NBA on Friday denied Ngige’s claims. The outgoing General-Secretary of the association, Mr. Olumuyiwa Akinboro, who addressed journalists in Abuja, said the allegations were unfounded.
“Instead, Akinboro noted that Ngige must be suffering from “post-election stress, depression or failure of expectation.”
“We’re not doing PDP or ACN election, we are not politicians, this is a professional body which requires that all its members must abide by the constitution and laid down procedures,” he added.”
5.0 A REPRESENTATIVE SAMPLE OF REACTIONS FROM OTHER MEMBERS OF THE NBA: Other well meaning members of the NBA also issued reactions, mostly online. An attempt has been made to select three as being fairly representative of perspectives from across the nation:
5.1 From The Geopolitical North:
JS Okutepa SAN (NBA Makurdi; NEC Member; Vice Chairman, Arewa (Northern) Lawyers Forum) classified the huge sums of money expended by candidates especially for ‘logistics’ and hotel rooms to branches during elections as corruptive of the electoral process and urged any candidate who contested the election and was not involved in fraudulent inducement to come out to say so.
In his exact words:
5.1.1 “I agree that the alleged electoral malpractices be investigated.
5.1.2 “My view is that the investigations should not be limited to failure to display voters register but it must be extended to cases of persons or candidates whether winners or losers who offered gratification in the form of accommodation, monetary inducement and sponsorship of candidates by political parties and persons in power including those who had their electoral expenses bankrolled by serving senators and other political class.
5.1.3 “I equally suggest that those found culpable should appear before the Legal Practitioners Disciplinary Committee.
5.1.4 “I further suggest that those who are less than honest and who by hook or crook means got elected be investigated and punished.
5.1.5 “This investigation will strengthen our democratic principle and respect for the rule of law and due process.
5.1.6 “I honestly believe that the cry for failure to display voters register is a smoke screen to cover up more fundamental irregularities which almost every one that contested the elections was involved.
5.1.7 “Let anyone who contested the election and was not involved in fraudulent inducement come out to say so.
5.1.8 “We must not be deceived by those who lost and are pontificating as angels”.
5.2 From The Geopolitical West:
Femi Falana SAN (NBA Ikeja; Former President, West Africa Bar Association (WABA) and former Chairman NBA Rule of Law Action Group; NEC member):
a. “With the rotation of the NBA presidency along ethnic lines,
b. The pakistanisation of NBA into tribal sects which all exist primarily to adopt candidates for NBA elections; and
c. The Increasing Monetisation of the elections the contest for elective posts has since become a "do or die" affair.”
“The Rule of Law Group must investigate the grave allegations of Chief Emeka Ngige SAN and report anyone who is indicted to the LPDC.
If the allegations are found to be baseless the complainant should be reported to the LPDC as well.
If learned GENTLEMEN of a NOBLE profession cannot conduct credible elections the NBA has no moral integrity to monitor elections conducted by the INEC.”
5.3. From The Geopolitical East:
Dr. Chidi Anselm Odinkalu (NBA Lagos; Chair, National Human Rights Commission; Member, Governing Council NBA Human Rights Institute, former member, Governing Council NBA SPIDEL, NEC member) (http://premiumtimesng.com/opinion/columns/94010-reforming-the-nigerian-bar-by-chidi-anslm-odinkalu.html
Acknowledges the fact that those who organise Bar elections are volunteers who deserve credit. He however outlined the following key issues:
a. Moral standing of the NBA: NBA lacks the moral standing to criticize INEC with the kinds of elections we conduct;
b. The mechanisms for electing the leadership of the Nigerian Bar Association (NBA) are out-dated, scandal-prone and liable to whimsical capture. The question is not whether to change them but how quickly and how deeply. The answer to this is: not soon enough. The pay offs from such reform will be far reaching. They will transform the way we govern our Bar, give the Bar greater legitimacy in monitoring public affairs and ensure better revenues for the NBA. Above all they will herald a more transparent, professional, efficient and fully inclusive Bar;
c. 1998 Reforms Counter-Productive: The reforms were made to cut down costs with regard to delegates. Paradoxically, this has actually increased cost and created within each branch, a small group which milks the resources generously spread by candidates for the elections. So the process has become very expensive. Weeks before the campaign, you find all the hotels in the city block-booked by the ‘cabal’ for delegates of their choice;
d. No one knows how many lawyers there are in Nigeria: “We don’t keep good records even of our lawyers. Such inexcusable omissions undermine the credibility of our Bar. There are well over 80,000 lawyers on the Roll of lawyers kept by the Supreme Court. This is the list of all lawyers who have ever been admitted to practise in the country. A few thousands are surely dead. Many have also gone on to the Bench as Magistrates and judges. Obviously, neither the dead nor judges and magistrates should be voting in NBA’s elections. As presently organised, however, little stops votes being counted in their names.”
e. The full complement of the NBA electorate is less than 2,000;
f. And for elections, we spend four (4) days-
a. Day 1: the delegates travel from their respective parts of Nigeria to the election location;
b. Day 2: Accreditation and Manifesto Night;
c. Day 3: Voting, sorting, counting and announcement of results;
d. Day 4: Delegates take off to return to their locations, four days of productivity lost.
g. We must start by reducing this to not more than 2 days. When we come in, we have to be able to vote that day and leave the same day, or maximum, the following day;
h. Accreditation: The NBA ought to accredit you where you are. Why go all the way to Abuja to be accredited, when these can be easily processed through the branches in a digital form?
i. Digital Interface Point: To ensure transparency in the management of numbers and allocation of delegates, besides Senior Advocates, nominated NEC members, or co-opted NEC members, Benchers and the elected executives of the Bar whom we know (Some of these are in some cases vested in one person), a digital interface point can be located in the capital of each state, and anyone who can get to the state capital, can be registered and accredited;
j. Therefore, before arrival at the election venue (wherever it may be), you would have acquired all the materials you needed to vote;
k. Digitalize voting: If we succeed with this, then every member can vote. We cannot have the excuse of technology illiteracy at the Bar. Every member of the Bar has at minimum, two degrees; one academic, the other vocational- so the question of illiteracy (whether of technology or otherwise), does not arise at all. Why can’t we challenge ourselves? Rather, we want to promote indolence, and the idea that people cannot improve their skills and learn more.
The Joint Admissions & Matriculation Board (JAMB) is a good example. JAMB has now set in place a programme to digitalize its examinations by 2015. So by next year, they are going to introduce that as an option for students who want it. And for those who opt for this digital method, you get your examination results within 24 hours.
This is JAMB with more candidates and customers both from the urban and rural areas than the total number of lawyers in Nigeria;
l. Universal Suffrage: NBA has under 100, 000 members but cannot organise elections on Universal suffrage for that number. We give excuses such as logistics. We are working with a 15th Century mentality in the 21st century, where everyone needs to be physically present for accreditation. The sheer scale of running a universal suffrage campaign would make candidates think more efficiently. A candidate would then need to think “vision” and appeal to people with a vision of a different kind of bar that challenges our abilities;
m. Reform Programme: Set a four or five-year programme in motion. I am not being over ambitious about our capabilities. By 2016, we should not have these backward elections. We should be able to hold digital elections at the Bar, and this must be made mandatory;
n. Study Group: Now, let us therefore constitute a study group to put together a report with technical specifications on how we can acquire digital capabilities, with an ambition to give universal suffrage to every lawyer;
o. For most lawyers in single or two-person practice, the delegates’ conference is a waste. The risks of road travel are also enormous. Most delegates travel long distances by mini-bus from their respective branches. Many of these buses are inadequately insured, if at all. Elections at the Bar are one car crash away from being hostage to avoidable tragedy. No amount of “God forbid” or “It is not your portion!” should be allowed to diminish the size of this risk.
6.0 FINDINGS Re:
1. SCANDALOUS DISTRIBUTION OF MONEY AND LOGISTICS DURING NBA ELECTIONS
(Alleged by President Okey Wali, Esq. SAN (via telephone), JS Okutepa, Esq. SAN, Femi Falana, Esq. SAN and Dr. Chidi A. Odinkalu)
A. S.12 (i) of the Constitution provides:
“DISQUALIFICATION FROM HOLDING ANY NATIONAL OFFICE: A member shall not be qualified to hold any National Office in the Association if during election campaigns (i) ……if the candidate underwrites a voting conference delegate’s travel, board or lodging expenses.”
The process of running for office will always require some level of expenditure, for posters, for travelling, for SMS messages and telephone calls. However,
(i) Doling out heavy sums of money to branches of the NBA whether in the guise of assisting branches which have no buses of their own to transport their members to the delegates conference or other logistical requirement in the hope of receiving their votes; and
(ii) block booking hundreds of hotel rooms for supporters
Clearly amounts to corruption and constitutes electoral malpractices, sufficient to disqualify candidates as clearly articulated in said S.12 (i).
And from information reaching us in this regard, some candidates for the offices of President and General Secretary especially spent money on and provided logistics to delegates to scandalous proportions and in clear breach of S.12 (i)!
It is noteworthy that this tendency did not start with the election of July 2012 but has happened in virtually every other election in recent memory and gets worse with each succeeding election.
If this tendency is not nipped, the NBA will clearly lose its moral high ground to comment dispassionately on the conduct of elections in Nigeria.
As we speak, unconfirmed rumour mills have it that one of the candidates for the Presidency in 2014 has put aside $ 1,000,000 (one million US dollars) while another has budgeted between N400-500m (four hundred – five hundred million naira) to capture the Presidency!!!
This kind of gross breach of the NBA Constitution leaves the NBA wide open for
Surrender of control to government and outside forces who are willing and able to fund candidates the following possibilities on the principle of ‘he who pays the piper dictates the tune.’
Other self-evident possibilities include
(i) Even where candidates have the wherewithal to fund themselves, a rush to either recoup monies so spent after victory leading to possible corrupt practices and even compromise with dispensers of big briefs like the Federal Ministry of Justice;
(ii) Where a President is frugal with money, outright strife and infighting by the officers over presidential unwillingness to permit plunder of the scant resources of the Association;
(iii) Possibility of showing scant regard for NEC (and reducing NEC to a rubber stamp legislature) by Presidents and General Secretaries, having ‘purchased’ their offices. The attitude is, ‘having paid you off for the office, my word is law!’
Paradoxically, an unforeseen consequence of the President OCJ Okocha engendered reforms was to cut down costs with introduction of the delegates system but rather spending has increased exponentially and created within each branch, a small group which milks the resources generously spread by candidates for the elections.
B. UNINTENDED CONSEQUENCES OF THE DELEGATE SYSTEM
i. In reducing the number of persons who vote it is now much easier to influence the elections monetarily;
ii. Another unintended consequence of the delegates system is
that many members have lost interest in the affairs of the NBA
because they cannot vote and their delegates, often chosen
whimsically and capriciously by the branch chair, with few
exceptions, are beholden not to the bidding of branch
members but the highest bidder;
iii. And with loss of interest comes failure to meet up with
financial obligations like practicing fees and branch dues with
consequential impoverishment of the association.
2. ALLEGATION OF MANIPULATION TO INCLUDE NON-NEC MEMBERS AND THOSE CONSTITUTIONALLY DISQUALIFIED FROM BEING NEC MEMBERS.
(Alleged by Emeka Ngige, Esq. SAN and EB Ukiri, Esq.)
S. 9 (a) (v) of the NBA Constitution (as amended and adopted by the Delegates Conference held in Lagos on 20th August 2009, herein after referred to as “the Constitution”) provides for a maximum of 120 members of the Association who are over ten years at the Bar to be co-opted by the National Executive Committee (NEC). It did not provide for co-opting to be by the President or the National Officers, but by NEC!
In other words, whenever the President and Officers find it necessary to increase the number of co-opted persons until they arrive at the magic number 120, they would require the assent of NEC.
a. Mrs. RANTI DAUDU
Apparently and as disclosed by the NBA Director of Administration, Mrs. Ranti Daudu was co-opted to replace Ms. Joy Agomuo who had been appointed to the Bench of the Federal High Court.
b. I.P IGBUAN AND P.B DAUDU
Messrs I.P Igbuan and P.B Daudu as Young Lawyers forum Chair and Secretary respectively were co-opted under the “special interests” provisions of S. 9 (a) (v) of the Constitution. They are both however not up to 10 years at the Bar as provided by the self-same S. 9 (a) (v). It is certainly reasonable to make Special Constitutional Amendment to provide for the Chair and Secretary of the Young Lawyers Forum (who must be under ten years at the Bar or else they would not be Young Lawyers) to be members of NEC before they are ten years at the Bar. Young Lawyers are the future of the association and are too critical a segment to be left out of NEC, but this must be properly and constitutionally achieved.
c. NEC OBSERVERS TURNED MEMBERS
Also, quite a number of persons who had been ‘Observers’ at NEC for most of the life of the current administration, were appointed in the days and weeks heading up to the elections. To pick a sundry example and representative of most cases, former 3rd Vice-President Barth Okoye-Aniche, Esq. received his letter of appointment to NEC one week before the elections, although backdated to six months before the elections!!!
However altruistic the motive behind from time-to-time increasing the numbers of co-opted members, the way it was done in the instant case left the outgoing President and his executive wide open to resentment and allegations of impropriety as posted by Emeka Ngige, Esq. SAN and EB Ukiri, Esq. It is in fact likely that the number of persons so co-opted did not significantly affect the election results, but the timing left a lot to be desired, for like Portia, Caeser’s wife, we must “not only be beyond reproach but be seen to be beyond reproach.”
d. THEREFORE SUGGESTED:
i. That co-opted appointments to NEC be clearly announced on the floor of NEC meetings;
ii. If changes have to be made to the composition of NEC those changes ought to be clearly announced or using the bulk messaging platform put to excellent use by the outgoing administration, circulated to the members of the NBA;
iii. The same way Presidential statements on behalf of the Association are presented to NEC for ratification after they have been made, it would be respectful and democratic to present to list of persons co-opted from time-to-time for hindsight approval or rejection.
Failure to do this would be perceived as high-handed, underhanded and arbitrary even if not actually so intended.
3. DELEGATES LIST
(Alleged by Emeka Ngige, Esq. SAN and EB Ukiri, Esq.)
“…48 hours to the elections, the Delegates List was still shrouded in secrecy. The list was eventually released for public scrutiny barely 24 hours to voting.”
S. 20 of the second schedule of the NBA Constitution deals with Standing Orders for the purpose of effective conduct of NBA elections.
However, S. 20 makes no clear provision for publication of the Delegates list, the nearest requirement for publication is as provided in S. 20 (f) inter alia:
“Electoral Committee shall screen all nominated candidates to certify their qualifications for the elections and a full list of properly nominated candidates shall be exhibited or posted at a conspicuous place or notice board in or around the Delegates’ Conference Hall not later than a day before the elections.”
THEREFORE SUGGESTED:
i. That neither the Electoral Committee nor the President and National Officers breached the constitutional provisions in not releasing the Delegates List well before the Elections as required by Emeka Ngige SAN;
ii. However, just as a Judge must not only be above board but as Caesar’s wife, be seen to be above board, unless strong reasons existed to the contrary, it was necessary for the Electoral Committee and the National Executive to be seen to be disinterested arbiters by releasing the Delegates List well in advance having been so sought.
RECOMMENDATION:
Amendment of the Standing Orders to provide for publication of the Voters’ List at least 14 days before the Elections to provide for observations and human errors like
i. double inclusion of names,
ii. inclusion of the dead,
iii. possible inclusion of non-NEC members,
iv. slashing or bloating of numbers of branch delegates and such like,
This will greatly inure to the integrity of the process and
the Bar.
4. DUPLICATION OF NAMES/INCLUSION OF DEAD PERSONS’ NAMES & STRANGE NAMES IN THE VOTERS’ REGISTER
a. Findings:
i. Duplication of Names: Prominent examples of duplicated names include Enugu State Attorney-General Anthony Ani, Esq., and Dele Oye, Esq.
ii. Dead Persons Names: Prominent deceased persons whose names were contained in the voters list included Messrs Chief Nwanodi SAN and Chief Akparanta SAN (May their sould rest in peace);
iii. Strange Names in Voters’ Register. Not confirmed. But absence of accompanying photographs in Voters Register, confirmed.
b. Observation & Recommendation:
Blame must be placed at the doorsteps of the secretariat support staff for some of these lapses.
However, amendment of the Standing Orders to provide for publication of the Voters’ List at least 14 days before the Elections to provide for observations and human errors like
i. double inclusion of names,
ii. inclusion of the dead,
iii. possible inclusion of non-NEC members,
iv. slashing or bloating of numbers of branch delegates and such like.
This will greatly inure to the integrity of the process and
the NBA.
5. ALLEGATION: BRANCHES WHOSE DELEGATES WERE PERCEIVED TO BE FAVOURABLE TO NGIGE’S CANDIDACY HAD THEIR NUMBER OF DELEGATES SLASHED WITHOUT ANY EXPLANATION AND WITHOUT AN OPPORTUNITY TO QUERY SUCH ARBITRARINESS;
(Alleged by Emeka Ngige, Esq. SAN)
a. Findings: No proof of this. Further and Better Particulars Required.
b. Recommendation:
Amendment of the Standing Orders to provide for
publication of the Voters’ List at least 14 days before the
Elections to provide for observations and human errors like
i. double inclusion of names,
ii. inclusion of the dead,
iii. possible inclusion of non-NEC members,
iv. slashing or bloating of numbers of branch delegates and such like.
This will greatly inure to the integrity of the process and
the NBA.
6. ALLEGATION: IMPROPER NUMBERING OF VOTERS REGISTER
a. Findings: True! The displayed voters’ register was not properly numbered, leading to certain tranches of numbers missing from the list. For example, numbers 31 to 39, 85 to 90 and 178 to 180 were missing from the displayed voters’ register, giving rise to posers as to what might have happened;
b. Observation & Recommendation:
Blame must be placed at the doorsteps of the secretariat support staff for some of these lapses.
Amendment of the Standing Orders to provide for publication of the Delegates / Voters’ List at least 14 days before the Elections to provide for observations and human errors like inappropriate numbering; and such like.
This will greatly inure to the integrity of the process and the Bar.
7. UKIRI’S EXPERIENCE AT THE HANDS OF CRIMINALS
Mr. Ukiri’s unsavoury experiences with criminals while running for the office of NBA President are worthy of commiseration. However, there is no visible nexus between the NBA elections and those regrettable experiences, which are probably symptomatic of the prevailing climate of insecurity nationwide. We call on law enforcement agencies to investigate them all and pray he overcomes the pain and losses.
7.0 CONCLUSIVE FINDINGS & RECOMMENDATIONS
In the light of the clear imperfections and easy manipulability of the Delegate System the recommendations of as captured by the Chair, National Human Rights Commission Dr. Chidi Odinkalu are adopted and presented as observations and long-term recommendations:
1. Moral standing of the NBA: Indeed, NBA lacks the moral standing to criticize INEC with the kinds of elections we conduct;
2. The mechanisms for electing the leadership of the Nigerian Bar Association (NBA) are out-dated, scandal-prone and liable to whimsical capture;
3. Delegate Elections Reforms Counter-Productive;
4. Digitalize voting;
5. Universal Suffrage: NBA has under 100, 000 members but cannot organise elections on Universal suffrage for that number. We give excuses such as logistics. We are working with a 15th Century mentality in the 21st century, where everyone needs to be physically present for accreditation. The sheer scale of running a universal suffrage campaign would make candidates think more efficiently. A candidate would then need to think “vision” and appeal to people with a vision of a different kind of Bar that challenges our abilities;
6. Reform Programme: Set a four or five-year programme in motion. By 2016, we should not have these backward elections. We should be able to hold digital elections at the Bar, and this must be made mandatory;
7. Study Group: Now, let us therefore constitute a study group to put together a report with technical specifications on how we can acquire digital capabilities, with an ambition to give universal suffrage to every lawyer;
8. No one knows how many lawyers there are in Nigeria:
9. The full complement of the NBA electorate is less than 2,000; And for elections, we spend four (4) days-
a. Day 1: the delegates travel from their respective parts of Nigeria to the election location;
b. Day 2: Accreditation and Manifesto Night;
c. Day 3: Voting, sorting, counting and announcement of results;
d. Day 4: Delegates take off to return to their locations, four days of productivity lost.
We must start by reducing this to not more than 2 days. When we come in, we have to be able to vote that day and leave the same day, or maximum, the following day;
10. Accreditation: The NBA ought to accredit you where you are. Why go all the way to Abuja to be accredited, when these can be easily processed through the branches in a digital form?
11. Digital Interface Point: To ensure transparency in the management of numbers and allocation of delegates, besides Senior Advocates, nominated NEC members, or co-opted NEC members, Benchers and the elected executives of the Bar whom we know (Some of these are in some cases vested in one person), a digital interface point can be located in the capital of each state, and anyone who can get to the state capital, can be registered and accredited;
12. Therefore, before arrival at the election venue (wherever it may be), you would have acquired all the materials you needed to vote;
13. For most lawyers in single or two-person practice, the delegates’ conference is a waste. The risks of road travel are also enormous. Most delegates travel long distances by mini-bus from their respective branches. Many of these buses are inadequately insured, if at all. Elections at the Bar are one car crash away from being hostage to avoidable tragedy.
Dated the 27th Day of August 2012
For: *Rule of Law-Nigeria
([email protected])
Ikeazor Akaraiwe, Esq.
1st Vice-President NBA (2008-2010)
Chair, NBA Human Rights Institute (NBAHRI: 2008-2010)
Alternate Chair NBA SPIDEL (2010-2012)
*Rule of Law Alliance are committed members of the Nigerian Bar Association dedicated to upholding the tenets of the Association. It is an informal group of lawyers in the mold of the Arewa, Eastern Bar, Egbe Amofin, Midwest Bar, Reform NBA, Integrity Group and other informal groupings within the Association. Its mantra is built around the motto of the NBA: Promoting the Rule of Law.
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