Much controversy has preceded the 60th edition of the Nigerian Bar Association (NBA)’s Annual General Conference (AGC) which ended on Friday August 28, with the inauguration of the new president of the association, Olumide Akpata Esq. The events have culminated with factionalisation, allegations of electoral fraud and corruption.
Akpata was sworn in as the 30th elected president of the association, breaking the long hold of the position exclusively by Senior Advocates of Nigeria. Following that ceremony, which was brought forwardW to Friday instead of the Saturday indicated on the programme, a motion was then moved dissolving the preceding executive committee led by Paul Usoro (SAN).
Other officers inaugurated at the NBA House in Abuja include: John Aikpokpo-Martins, First Vice President; Debo Adeyemo, Second Vice President; Joyce Oduah, General Secretary; Esther Nwadialo, Assistant Secretary; Mercy Ijato Agada, Treasurer; Olakunle Edun, Welfare Secretary; Nnamdi Anagor, Financial Secretary; Ernest Nduka, Publicity Secretary; and Afam Naza, Assistant Publicity Secretary.
The NBA has been inundated with controversies before, during and after the Annual General Conference which also hosted the Annual General Meeting (AGM). The calls for new lawyers’ association gained ground after the National Executive Committee (NEC) of the association decided to disinvite Governor Nasiru El-Rufai of Kaduna State as a speaker at the conference over allegations of human rights violations and disregard to the rule of law.
The controversy culminated in the latest event of the emergence of a splinter group of lawyers, who are mostly from the Northern part of the country, on Thursday, muting the idea of floating a new association to be known as New Nigerian Bar Association, (NNBA). The conveners of the group are two lawyers: Nuhu Ibrahim and Abdulbasit Suleiman.
In a letter dated 28th August, 2020 addressed to the Attorney General of the Federation and Minister of Justice, the group said the formation of a new association “has become imperative and expedient especially flowing from the activities, disposition and most recently, the decision of the Nigerian Bar Association- NEC which apparently failed to take into consideration our national interests and particularly do not promote the unity of our indissoluble country, Nigeria.”
Also, the outcome of the NBA election had stirred controversy with one of the candidates, Dele Adesina (SAN), who kicked against the manner in which the election was conducted, threatened litigation.
Also, as a fallout of the disputed election in which the Delta State-born Akpata emerged winner, a group, Apopo Oodua Koya (AOKOYA) through one Ahmed Akorede, called on lawyers from the South West to pull out of the association and form their own regional lawyers’ body.
Akorede was reported to have said, “There is no justification for Nigerian Bar Association (NBA) in the life of an average Yoruba and Itsekiri persons anymore.”
Adesina had questioned the credibility of the July 29 and 30 election, saying it violated all known values and honour of the profession.
“The election in a most disgraceful, brazen and unconscionable manner was conducted in violation of the clear, express and unambiguous provisions of the Constitution of the NBA (2015 as amended),” he said.
“It was riddled with electronic fraud where the server used for the election was loaded with predetermined data,” he added.
Akpata won the election with 9, 891 votes of the total 18,256 votes. But the election witnessed the participation of 29,636 eligible voters out of the about 120,000 members. However, 15, 234 voting notices were not reported on the portal Nigerian Bar.
There are allegations of corruption in the association. In July, the Economic and Financial Crimes Commission (EFCC) charged two members of the association, Sarah Omeigha Ajibola and John Ozovehe Demide over alleged rigging of the 2018 election. They were charged under Section 27(1)(b) of the Cybercrime (Prohibition, Prevention etc) Act, 2015 and punishable under Section 13 of the same Act.
Some members of the association had also raised concerns that some aspects of the financial report were not adopted because auditors did not audit the June, July, and August due to nearness of the Annual General Meeting (AGM).
After his inauguration, Akpata set up a 12-member panel on electoral reform, while appealing to his co-contestants for understanding. He also spoke on his intention to build a Bar that is united on all fronts and “that recognises that our diversity is, perhaps, our greatest strength”.
“This enormous task cannot be achieved if we continue to fan the embers of division at a time when we desperately need to unite and speak with one firm voice. We must be kind, magnanimous, respectful, and sensitive in our words and actions, as doing otherwise would be a great disservice to our vision of building a stronger and formidable Bar. Now is the time to come together because a divided Bar is a defeated Bar.”
Also reacting, Kalu Umeh (SAN) said the move to form a parallel NBA is uncalled for and a distraction because extraneous factors should not be allowed to determine Bar affairs. He added that “it is a reflection of the mindset of the larger society that we are actually not working as a unit.”
Reacting to the issue, Jibrin Okutepa (SAN) said although he does not support the attempts to factionalise the NBA, the issue borders on freedom of association enshrined in Section 40 of the Nigerian Constitution, 1999, which no lawyer has signed away.
“I want to appeal to our colleagues that an eye for an eye will make the whole world blind. The spirit of forgiveness is not just a religious issue, it permeates all human affairs. Two wrongs can never make a right. the solution does not lie in balkanizing the NBA,” he said.
Speaking on the moves to factionalise the association, the immediate past General Secretary of the NBA, Jonathan Taidi Esq, said such developments are not unexpected in a big organization like the NBA, but expressed confidence that the body will be stronger with the new executive.