A group of lawyers has described
the ongoing election of the Nigerian Bar Association (NBA) as illegal and
unconstitutional.
The group, Concerned Members of
the Nigerian Bar Association (NBA), has written a letter asking Abubakar
Malami, attorney-general of the federation, to intervene in the matter.
The lawyers have demanded that
the general council of the NBA should be convened as enshrined in the body’s
constitution — in a situation where the association is unable to conduct its
election at the end of July.
The electoral committee of the
association had scheduled the election for July 27-28 but shifted the date to
July 30-31, and most recently, to August 2-3.
“The NBA constitution clearly
requires the association to conclude leadership elections before the end of
July,” read the letter signed by Chidi Odinkalu, convener and Silas Onu,
secretary.
“That is clearly the ‘appropriate
time’ provided in section 6(2) of the constitution. If elections do not do not
take place by the end of July, then by operation of section 6(2) of the NBA
constitution, the tenure of the national officers of the association is
terminated and the general council of the Bar shall convene to appoint a 10-man
caretaker committee to run the affairs of the NBA for the unexpired duration of
the tenure or such a time as new national officers are elected.
“The underlying disposition of
the NBA constitution is clearly that a leadership that is unwilling or unable
to organize elections within the clock envisaged by the NBA constitution loses
credibility to do so. Section 6(2) operates to bring its tenure to an end.
“For the avoidance of doubt,
after July 31, even the ECNBA ceases to exist and cannot organize any
elections.”
The concerned lawyers also
protested that the ongoing election is “afflicted with irredeemable deficits of
legitimacy”.
“Quite apart from failing to meet
constitutional muster, the on-going process of election is afflicted with
irredeemable deficits of legitimacy. It has been configured to guarantee that
an overwhelming majority of voters will be unable to accredit to vote for no
fault of theirs. The outcome will lack legitimacy within and beyond the NBA,”
the group said.
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