Tag: NBA election

  • NBA election: Court grants order for substituted service

    The High Court of the Federal Capital Territory (FCT) has granted Chief Arthur Obi Okafor (SAN) leave to  serve the Nigerian Bar Association (NBA) and other defendants in his suit against them through substituted means.

    Okafor, in his originating summons, prayed the court for an order granting him leave to serve the originating processes on the defendants except Crenet Techlabs limited (sixth defendant) and Chams Plc (seventh defendant) by substituted means through the NBA General Secretary or any officer in his office.

    Granting the motion ex-parte, Justice O. A. Adeniyi adjourned until November 13 for a report of service.

    The suit is challenging the outcome of the August NBA election in which Mr. Paul Usoro (SAN) was declared winner.

    Okafor said the Electoral Committee of the NBA made the declaration without first carrying out an audit of the election as contained in the NBA constitution and electoral guidelines.

    The SAN is asking for a proper audit of the election to ascertain the true winner.

    Usoro had polled 4,509 votes to defeat Okafor and Ernest Prof Ernest Ojukwu (SAN), who scored 4,423 and 3,313 votes.

    Okafor wants the court to determine if it was right for ENCBA to announce the result of the election and issue a certificate of return to Usoro without verification of votes cast and without instituting an audit of the electoral process, earlier promised by the electoral committee.

    He is further asking the court to determine whether “it is right for the court to direct that the outcome of the participatory, independent post-election audit should validate or invalidate the aforesaid result declared by the ECNBA or the election itself.”

    Okafor further wants the court to appoint either Price Waterhouse Coopers or Akintola Williams & Deloitte, two forensic audit firms, to conduct a verification of voters or audit the electoral process leading to the results announced.

    He is also seeking an order from the court directing the Body of Benchers to supervise and give effect to the outcome of the post-election audit.

    In the suit numbered CV/2633/2018 filed August 29, Okafor SAN is seeking:

    • A declaration that there are three stages of the election process for the 2018 national officers’ election of the NBA which includes verification, accreditation/voting and post-election audit or verification of votes.
    • A declaration that the first, second, and third defendants are bound to conduct a post-election audit for the 2018 NBA national Election in accordance with the ECNBA guidelines dated the 21st day of July, 2018 and or the constitution of the NBA, 2015.
    • A declaration that the verification of votes and or post-election audit being a vital and an integral part of the electoral process for the NBA national officers’ election of 2018 as contained in the NBA Constitution 2015 ought to have been conducted before the announcement of the results and issuance of certificate of return to the fourth defendant.
    • A declaration that the failure of the ECNBA to conduct an all candidates participatory post-election audit and the issuance of certificate of return to the fourth defendant renders the announcement of the purported results and the issuance of the certificate of return to the fourth defendant null and void and of no effect whatsoever.
    • An order of the honourable court directing an independent participatory post-election audit or verification of votes to be conducted to audit the election process culminating in the result declared by the third defendant (ECNBA).
    • An order of the honourable court appointing either Price Waterhouse Coopers of Lanmark House, Water Corporation Drive, Oniru, Lagos State, or Akintola Williams & Deloitte of Ikorodu Road, Obanikoro, Lagos State, being internationally acclaimed forensic audit firms respectively to conduct a verification of votes or to audit the electoral process leading to the results declared by the third defendant (ECNBA).
    • An Order of the honourable court directing the Body of Benchers to supervise and give effect to the outcome of the Post-Election Audit as ordered by the Honourable court.

    Usoro has since been sworn in as NBA president.

  • Obi-Okafor favoured as 16,825 vote in NBA election

    No fewer than 16,825 lawyers have been verified to vote in the Nigerian Bar Association (NBA) election holding this weekend.

    It is the turn of the Southeast to produce the next NBA President and the Eastern Bar Forum (EBF) has adopted the NBA Criminal Justice Reform Committee Chairman Chief Arthur Obi-Okafor (SAN).

    He was also endorsed by Senior Advocates of Nigeria (SANs) in the Southeast.

    The Electoral Committee of the NBA (ECNBA), in a statement by its Secretary, Ajibola Agoro, announced the list of successfully verified voters, which can be accessed through www.nbaelectionverification.org.ng.

    He said the final voters register containing 32,228 was published on June 29 out of which 3,571 were verified between July 31 and August 2.

    A second batch of 13,254 lawyers was verified between August 8 and 11.

    ECNBA said accreditation and electronic voting, which began at 12 noon yesterday, will end on Monday.

    It said: “Accreditation and e-voting exercise shall commence on Saturday 18th August 2018 at 12.00noon and conclude on Monday 20th August 2018 at 00.15hours.

    “The result shall be announced immediately after the closure of the voting portal and the collation of votes cast.

    “The Committee solicits for the cooperation of members and stakeholders for free, fair, credible and transparent elections.”

    Meanwhile, Obi-Okafor has vowed to run an “all-inclusive Bar” if elected. He said his administration would create a new Directorate at the NBA Secretariat to be known as Membership Directorate, while ensuring that every lawyer, including women and the physically challenged, would have a sense of ownership and participation at the Bar.

    The respected SAN promised to run an IT-based Bar.

    He said: “To effectively drive the all-inclusive Bar agenda, we shall introduce IT-based innovations, including but not limited to establishment of Official NBA Call Centre.

    “Establishment and maintenance of a 24 hour state-of-the-art NBA Call Centre facility is extremely necessary with the membership growth of the NBA to enable members get prompt answers to inquiries and complaints and more especially make the Secretariat easily accessible to members and the public from any part of the world.

    “We shall develop and launch an interactive ‘Mobile App’ free for all lawyers for easy and first hand access to NBA products and services.

    “There shall be a total overhaul of the NBA Portal in line with international best practices for optimum utilisation and accessibility, and to enable more web-based interactions and e-payments.”

    On his plans for young lawyers, he said: “We shall create additional 10 slots at NEC for lawyers of 7-9 years post call. Lawyers in this age bracket are not countenanced in the current constitution with regard to NEC membership.

    “Since NEC membership is minimum 10 years post call and young lawyers (1-7) are represented by their Chairman and Secretary, there is need to create these additional slots to cater for both the young lawyers and lawyers in this identified middle age bracket.

    “We shall equally appoint more women into NEC, Committees or other statutory positions in the association including Bar Conferences and events

    “We promise to organise world class conferences at substantially affordable rates; it is not rocket science.

    “We pledge a substantial reduction across board on conference fees, while we promise to deliver world class conferences, superb in quality and in content.

    “In the all-inclusive Bar, young lawyers will only pay 50 per cent of the current 2018 AGC Fees for the 2019 and 2020 Annual General Conferences

    “Physically challenged lawyers who are of good standing at their respective branches shall be exempted from payment of all conference fees,” Obi-Okafor said.

  • Wanted: Level playing field in NBA election

    Mr. Mela Audu Nunghe, a former chairman of the Nigerian Bar Association (NBA) Abuja branch, has been appointed chairman of the Board of the International Trade Fair Complex, Lagos. In this interview with Legal Editor JOHN AUSTIN UNACHUKWU, he bares his mind on the forthcoming NBA elections, the crisis in Abuja branch, the resurrection of the Trade Fair Complex and sundry national issues.

    The Nigerian Bar Association (NBA) will elect new officers in July. What are your expectations?

    My advice to the Bar is that they must avoid any pitfall that will lead us to any crisis. There should be no godfatherism in professional associations, like that of the NBA. Anybody who feels that he is qualified to lead the association should present himself. They should not use religion or any form of divisive tactics to divide the association. Merit should be the yardstick. The Bar association has no religion, no tribe. The Bar association is a collection of lawyers who are bound together by that calling of being lawyers. That is one of the reasons why I like the military. When an officer is due for promotion, even if he is from the same house with the last general, he will be promoted accordingly because he deserves it. That should be the practice within the NBA and we should also remember that as a democracy, other people are watching us . We must be very careful because we are being watched by other associations to set the pace. So, I wish the Eastern Bar Forum who are supposed to produce the next NBA President and all the aspirants the best of luck.

    Why is the Abuja branch of the NBA still divided?

    The Elders Committee of the Bar have tried and they have not come out of this situation. I think that there has to be one drastic and if possible an action that should bar all those who are causing this crises in Abuja branch. They should be suspended until we attain stability, so if I have been in the centre of the crises, for God’s sake, for the sake of the association, I should be barred at least for two years or more until we have a stable association. Then they should be careful on who they appoint to conduct elections because some of them have their own candidates and when they come to conduct elections, they do everything possible to put their candidates in office.  Why then do you think the scale of justice Ibi Jus ibi remedium does not have a head or where it has one, the face is covered? It is because the law does not know anybody’s face. Law must operate for the existence of good society, so when you bring somebody who has interest in Mr. X and everything he does is tilted towards wanting Mr. X to win it wont work because the moment other contestants see that there is no transparency, they will revolt.

    What do you make of Chief Joe-Kyari Gadzama (SAN) lawsuit over last election?

    The matter is in court. It is a matter of common knowledge, some people are blaming why the other candidate should go to court. But it is his right, that is the most civilised way to seek redress. I do not see why anybody will begin to blame him for going to court to ventilate his grievances. It is the most civilised way to seek redress.  Do you expect him to mobilise some young men, give them money and let them be causing commotion every time the NBA  is meeting?  It shouldn’t be, so we should commend his courage for taking legal steps to challenge whatever he thinks is wrong. At the end of the day, whatever the court says, even he himself will be bound whether he likes it or not.

    You ran for  the House of Representatives  under  the Congress for Progressive Change ( CPC). What is your next political move?

    Well, once you start a race, you will like to complete it at any time in your life. The developments in the system since then have been great because from CPC, we have APC which is the ruling party. There are so many things that one has to be very careful in looking at but I do really want to represent my people at any given point. I can’t say with certainty what is going to happen, everything lies with God. If I am contesting for a position and I see a more credible candidate than myself, not because of ego, I will support him. If I trust you so much and you have such credibility that I believe that you can deliver more than me,  I will give way for you. It is not life’s struggle that you must be there, after all you gain power only if God wills. No matter what you think about yourself, unless God wills, you cannot get into any position.

    How have your representatives fared?

    I desire to represent my people and I believe that I will give them better representation than  all the members of the House of Representatives that have come from my place. I know that none of them  talks. None  of them  has either moved a motion or  led a debate on any issue because of their backgrounds and because they were not supposed to be there. But, for one reason or the other, they are there. Most of those who came to represent Bilri Balanga, Gombe State, if you count them, you will find out that none of them except the late Idris Abubakar who was in the Senate  and late Tawari  Umbis Wada  who incidentally were both lawyers, we never had such robust representation from any  of our people in the House of Representatives. They were the ones  who made us proud and gave our people robust  representation in the National Assembly. Because they were articulate, they understood the issues, they understood what the responsibilities and the duties of legislation entailed and they did it with all their might unfortunately, they were not able to live longer than the day they left.

    You chair the Lagos International Trade Fair complex board. How do you  feel?

    I thank God for the appointment and I will like to use this opportunity to thank President Muhammadu Buhari for finding me worthy among millions of Nigerians to be appointed to this position. I didn’t expect it but I know that somebody somewhere know that I deserve it, that is why I give God all  the glory, because God uses people. It came to me as a surprise and when I find myself in situations like that, I brace up to the responsibility. So, one of the first things I did when I saw the appointment was to pull out the Act to understand the enormity of the responsibility before I started getting feelers and information about what the Lagos International Trade Fair is all about. I saw that it is a place that is needing attention. I said whatever it is, I trust God to help me to make a mark and do something that will stand the test of time.

    Have you visited the complex?

    We were inaugurated on March 1. Before I visited the Trade Fair complex, I thought that it was wise to consult with the relevant government agencies. I thank the Ministers of Trade and Investment for giving  me audience. I consulted with them. I had the privilege of consulting with the Director-General of the Bureau for Public Enterprises ( BPE), the Solicitor General of the Federation and the Attorney-General and Minister of Justice. I consulted them and other agencies, so we can put our heads together to carry out the mandate. Having done that, I visited the complex. The purpose was to have the inaugural meeting of the board, which to took place on April 13. Along with other members of the board we took a tour of the complex. It is such a sad story. You will be excited coming to that place but you will leave that place very sad.

    Why?

    Because it is wealth lying fallow. It is a gold mine that is abandoned untapped. Some people call it a dead cow, others call it a monumental waste. How to move from there to restore life to that place is what no one person can do.  Not even the board alone can do it, so it has to take the collective efforts of the management, the board, the relevant Ministries and agencies to see that this place is transformed to a national pride. I do appreciate the enormity of the other agencies like the Tafawa Balewa Square (TBS), the National Theatre and so on but since this is my own area, let me concentrate on that and see how collectively together we can fall in to make it a viable project for the Federal Government. I do know that there is a National Council on Privitasitaion which is the body that is saddled with the responsibility to concession or privatise most of these government agencies. We would work closely with them and the BPE to see how the Trade Fair Complex is revived without necessarily falling into the same trap that happened the last time an attempt was made to concession it. We are ready to support government policies, steps and initiatives to seeing that the Lagos International Trade Fair Complex is once more in the limelight, and becomes a national and international center that will attract  the cream of business globally for commercial activities.

  • NBA election: I’ve no preferred candidate, says Mahmoud

    Nigerian Bar Association (NBA) president Abubakar Mahmoud (SAN) has said he has no preferred candidates for the association’s elective positions.

    Speaking at a meeting of the Arewa Lawyers Forum (ALF), he said all the candidates would get equal treatment.

    Mahmoud said ALF was key to the welfare of lawyers of Northern extraction, and can only achieve its objectives if there is peace among members.

    He urged members to avoid issues that tend to cause division but to come together as brothers because unity is the key to prosperity.

    Mahmoud, whose tenure ends in August, informed the ALF that he has no preferred candidates in the forthcoming NBA election.

    He said he had directed NBA Electoral Committee to disqualify any candidate who runs foul of the rules.

    Mahmoud frowned at a situation where some go about dropping his name and claiming that he is supporting their ambition.

    He stated that his ultimate goal was to deliver a credible, free and fair election for the association.

    ALF, at the meeting held in Kaduna, elected a caretaker committee to manage its affairs in the interim.

    Members are Mr. Elisha Kurah (SAN), Liman Salihu, Fatima Mohammed, Rabiatu Musa and Mohammed Mongonu.

    The committee is to manage the affairs of the association until it conducts its election immediately after the NBA  election in July.

  • NBA election: Eastern Bar to endorse candidates Saturday

    The tenure of the Nigerian Bar Association (NBA) executive led by Abubakar Balarabe Mahmoud (SAN) will end in less than six months.

    New officers will be elected to run the association’s affairs for the next two years.

    They will be inaugurated in August during the NBA Annual General Conference.

    It is the turn of the Southeast and Southsouth to produce the NBA President based on the association’s zoning arrangement.

    The Eastern Bar Forum (EBF) of the NBA, comprising lawyers of the Southsouth and Southeast extraction, is expected to choose a candidate for the Presidency.

    It is also expected to endorse candidates for other elective positions.

    Members will meet on Saturday in Port Harcourt, the Rivers State capital, during the EBF quarterly meeting.

    However, the candidates cannot campaign openly as the ban on vote seeking is yet to be lifted by the NBA National Executive Committee (NEC).

    The EBF comprises lawyers from the nine states that made up old Eastern Region, including the Southsouth states of Rivers, Cross-Rivers, Akwa Ibom and Bayelsa, as well as the Southeast states of Anambra, Imo, Abia, Enugu and Ebonyi.

    During its last meeting in Abakaliki, Ebonyi State capital, the EBF set up a screening committee chaired by its governing council chairman Mr. Arthur Elvis Chukwu.

    The committee’s mandate was to screen all aspirants for elective positions in the NBA in the forthcoming elections.

    The committee sent out and published guidelines for candidates who may seek EBF’s adoption.

    It is widely believed that interested candidates might have complied with the rules and regulations.

    On Saturday, the Forum is expected to, among other things, adopt its candidates for the election and thereafter sponsor them for the election.

    The four candidates aspiring for the presidency are Mr Paul Usoro (SAN), Chief Arthur Obi-Okafor (SAN), Prof. Ernest Ojukwu (SAN), Mr. Ikeazor Akariwe and Mazi Afam Osigwe.

    The last NBA President of EBF extraction was Mr. Okey Wali (SAN) (2012 to 2014).

  • NBA election: Court rules on Gadzama’s suit June 8

    The Federal Capital Territory High Court will on June 8 rule on the preliminary objections brought by defendants in a suit by Chief Joe-Kyari Gadzama, SAN seeking to set aside the Nigerian Bar Association (NBA) Elections which held last July.

    Justice Olukayode Adeniyi last Friday heard arguments by parties on the preliminary objections.

    Plaintiff’s lead counsel Chief Sebastine Hon (SAN) had urged the court to hear the application seeking to set aside the swearing in of Mr. Abubakar Mahmoud, SAN (15th Defendant) as NBA President.

    But the court ruled in favour of the defendants who argued that the preliminary objection must be taken first.

    The defendants’ counsel then urged the court to strike out Gadzama’s suit for lack of jurisdiction. They argued that since the plaintiff allegedly failed to comply with Section 16 of the 2015 NBA Constitution which provides for an initial recourse to the NBA Dispute Resolution Committee (DRC), the court lacked the jurisdiction to entertain the matter.

    Represented by Mr. Jibrin Okutepa, SAN, the 13th defendant NBA’s ICT Partner, Grace Infotech Limited (Law Pavilion), further argued that the plaintiff had allegedly admitted in his statement of claim to ‘hacking’ into its computer network to obtain evidence.

    He said this was contrary to the Cybercrime (Prohibition, Prevention, Etc.) Act, 2015 and contended that the plaintiff “did not come with clean hands” and could not therefore be heard by the court.

    The court, however, held that the alleged ‘hacking’ ought to be proved by leading evidence.

    In response, Hon argued that it was premature for the court to rule on the issue of Section 16 of the NBA Constitution at the preliminary stage, adding that the DRC is being challenged in the substantive suit. He also argued that the authorities cited by the defendants were not applicable to the case.

    The court, however, drew the attention of parties to the judgment of Justice John Tsoho of the Federal High Court which voided the amended 2015 NBA Constitution. Justice Adeniyi then directed counsel to advert their minds to the said judgment, adding that he may invite counsel to address the court on the issue.

    Aside from Hon and Okutepa, Yunus Ustaz Usman SAN represented the first to sixth defendants,  Dr. Garba Tetengi SAN appeared for the seventh defendant while K. K. Eleja SAN represented the eighth to 12th Defendants. A. A. Malik stood in for the 14th defendant while Paul Erokoro SAN represented the 15th defendant.

  • Court hears suit on NBA election Thursday

    A High Court of the Federal Capital Territory (FCT) presided over by Justice Y. Halilu will on Thursday begin hearing on a suit filed by Chief Joe-Kyari Gadzama (SAN) against the trustees and officers of the Nigerian Bar Association (NBA) for allegedly stealing his mandate.

    The plaintiff, who claimed he won the last NBA election, is challenging the declaration of Mr Abubakar Mahmoud (SAN) as winner.

    Gadzama is seeking a declaration that NBA presidential election held on July 30 and 31 under the supervision of the immediate past president Augustine Alegeh (SAN) and NBA Electoral Committee chaired by Mr. Ken Mozia (SAN) violated the NBA Constitution 2015.

    After hearing interlocutory applications and preliminary objections on the matter during the vacation, Justice Ademola Adeniji returned the file to the Chief Judge for reassignment. The matter was assigned to Justice Y. Halilu sitting in Jabi.

    With the defendants’s failure to file their defence, Gadzama filed a motion for judgment in default of appearance. He also prayed for accelerated hearing since time was of the essence, with the tenure of an NBA president only two years

    In a Counter Affidavit in opposition to the motion, Mr. Yunus Ustaz (SAN), leading other lawyers for the trustees, prayed the court to dismiss the motion for being frivolous and lacking in merit.

    He said: “The Plaintiff filed the originating processes in the suit on August 16 and served his clients during the court’s vacation and that by the Rules of the Court, time for filing and service of pleadings does not run during the yearly vacation of the court.

    “The court resumes from its yearly vacation on September 12, 2016, my clients are still within time to file their statement of defense as their 14 days to file same started counting when the court resumed from vacation.

    “We filed a motion challenging the jurisdiction of the court to hear the matter, that the court as presently constituted is not competent to hear this matter,” Ustaz Usman said.

    Other defendants in the matter have not filed any statement of defense or motion in respect of the matter.

  • How NBA election was manipulated, by Gadzama

    How NBA election was manipulated, by Gadzama

    Senior Advocate of Nigeria, Chief Joe-Kyari Gadzama (SAN), has told the High Court of the Federal Capital Territory, Abuja that he polled 2,963 votes in the Nigerian Bar Association (NBA) presidential election rather than the 2,384 announced by the electoral committee.

    He said his challenger, Abubakar Mahmoud (SAN), who was said to have won the election with 3,055 votes, actually polled 2,465.

    Gadzama, in his statement of claim, said: “The Plaintiff avers that contrary to the result declared by the eighth defendant (Chairman, Electoral Committee of the NBA (ECNBA) Kenneth Mozia (SAN)) at the close of voting at 12:00 midnight on Sunday, 31st July, 2016, the result of the 2016 Nigerian Bar Association Election as it relates to the office/position of the President, as collated from and contained on the official voting domain/platform was as follows: Joe-Kyari Gadzama, 2,963; Abubakar B. Mahmoud, 2,465.”

    Gadzama said he consulted ICT experts who, with the aid of advanced reporting tools, accessed the stack-trace, logs and other database files on the host server of the voting system.

    He said it was discovered that the election portal was set up on more than one domain, contrary to established standards and international best practices.

    Besides, he said there were multiple administrators/webmasters who accessed the portal’s backend and remained active throughout the period the voting lasted, contrary to established standards and international best practices.

    Gadzama alleged that there was continuous manipulation of data on the system throughout the period the voting lasted contrary to established standards and international best practices, and which compromised the integrity of the outcome.

    The plaintiff said the process was “completely compromised” by the deployment of two voting platforms – https://election.nba-agc.org, which was the official portal, and ttp://www.nigerianbar.org.ng.

    “Voters were casting their votes on two different portals/domains, contrary to the Election Guidelines released by the ECNBA  and international best practices. It amounts to, if voting was to be by manual ballot, different voters casting their ballots in two different ballot boxes but for the same office,” Gazdama said.

    Defendants are the Incorporated  Trustees of the NBA , including Abdullahi Ibrahim (SAN), Chief Wole Olanipekun (SAN),  Thompson Joseph Onomigho Okpoko (SAN), Chief Priscilla Kuye,    Alhaji Murtala Aminu And Chief Anthony O. Mogbo (SAN).

    Others are Mozia, ECNBA Secretary Oluwaseun Ajoba, electoral committee members Hajia Safiya Balarabe, Mrs Amaka Ezeno, Mrs. Eucharia Pepple, Grace Infotech Limited, NBA president Mr. Augustine Alegeh (SAN) and Mahmoud.

    Gadzama said Mozia, Managing Director of Grace Infotech Mr.  Ope Olugasa and Alegeh “left the plaintiff’s poll agents and others in the Situation Room at the NBA Secretariat in Abuja, went to a separate room to ‘audit’ the results.”

    He added: “The eighth defendant (Mozia) subsequently came into the monitoring room while the so-called auditing was still going on to announce that the auditing was almost done and that the results were to be announced in due course. He remained in the situation room until after 1a.m. when the events in the next-following paragraphs took place.

    “Around after 1a.m. on 1/8/2016, Mr. Olugasa, the Managing Director of the 13th Defendant (Grace Infotech), the 14th Defendant and the so called staff of INEC came back into the monitoring room and got seated.

    “After re-introduction of the so called INEC staff; and the eight defendant and 14th defendant (Alegeh) had made some speeches, Mr. Ope Olugasa (Managing Director of the 13th Defendant) was asked to display the results on the dashboard.

    “But instead of using the laptop that had long been connected online to the big LG Television/Monitor in the situation room, both of which had from the beginning been used to display the limited information about the election exercise described earlier on in this statement of claim, Mr. Ope Olugasa swapped the said laptop with another laptop which contained the so called election result. The eighth defendant then pronounced the declared results as they were displayed on the big LG Television Monitor.

    “The Plaintiff’s agent recorded the scene where the Managing Director of the 13th Defendant swapped the computer that was used throughout to display the votes that were being cast on the display screen/monitor, using Samsung Smartphone GT-I9500, Galaxy S4, with serial number R21D50BP33D.

    “The swapping of the laptops was meant to perfect the manipulation of the election process by the eigth-14th defendants because the original laptop was the one electronically connected to the LG Television/Monitor; and since the voting was online, the original laptop which was hooked online to the LG Television/Monitor ought to have automatically transmitted signals to the said Television/Monitor and the results ought to have been displayed automatically.

    “The display screen shut down and became darkened when the laptops were being swapped and started coming up with a revolving LG logo/sign when the new laptop had been put on and connected to it.

    “The LG logo that will be seen revolving if the DVD is played was a standby display which continues to revolve (showing there is no signal) until an electronic gadget (in this case, the second laptop) is connected to it. That was why the said logo started revolving and stopped, paving way for the display of the so called results when the new laptop was connected.

    “The disputed election was carried out online, and using any internet enabled computer such as the one that was used to display the votes as they were cast, it was possible to access the results on the same computer used to display the voting, after the administrator must have logged in.

    “Indeed, by virtue of the Internet Election conducted by the 8th to 14th Defendants, the Election result was automatically collated and immediately ready for publishing at 12:00 midnight of 31st July, 2016 but, the 8th-14th Defendant, in order to manipulate the conduct and result of the said election, did not allow the automatic collation and display/publishing of the said results.”

    Gadzama is seeking a declaration that the election was in total violation and disregard of the mandatory provisions of the NBA Constitution 2015 and the association’s Election Guidelines.

    According to him, the election fell short of established standards and international best practices, thereby making it null, void and of no effect whatsoever as it related the office of the NBA President.

    He also sought “a declaration that the integrity of the 2016 NBA election as it relates to the office/position of the President was fundamentally and incurably compromised by undue influence, overbearing, biased conduct and utterances of the 14th defendant (Alegeh) through the media and at Bar meetings before and during the Election and thereby robbing the conduct of the election of every element of impartiality, independence and transparency as required by established standards and international best practices.”

    He is seeking an order  nullifying and setting aside the election as it relates to the office of the President held on July 30 and 31 which purportedly returned Mahmoud as President.

    He also wants an order directing the first to seventh defendants to set up a newly constituted ECNBA which will issue Guidelines and conduct a fresh 2016 NBA election as it relates to the office/position of the President.

    Gadzama is also praying for an order that the election should be held through electronic voting in all branches of the NBA or at least at the three zonal levels established by the NBA Constitution, 2015.

    The results, he prayed, should be collated at branch or zonal levels and transmitted to the ECNBA Secretariat for final announcement.

    When the case came up for hearing last Thursday, the court granted an ex-parte order for service to all the defendants by substituted service.

    The court, however, declined to grant a restraining order against the defendants, but directed that all the parties should be put on notice.

    The case comes up for hearing on Thursday.

  • NBA presidency: Agbakoba rejects call for fresh election

    NBA presidency: Agbakoba rejects call for fresh election

    Former Nigerian Bar Association (NBA) president Dr Olisa Agbakoba (SAN) has rejected a call for a fresh election by Chief Joe-Kyari Gadzama (SAN).

    Former Kano State Attorney-General and Commissioner for Justice, Abubakar Mahmoud (SAN) was declared winner of the NBA election held last weekend.

    He polled 3,055 votes to beat Gadzama, who scored 2,384 votes out of 5,439 votes cast.

    But the Gadzama Campaign Organisation rejected the result, calling for its immediate cancellation “for failing to be credible, transparent, free and fair and for failing to comply with the provisions of the NBA Constitution and the electoral guidelines.”

    Calling for fresh elections, the organisation said collation was done in secrecy, and accused outgoing NBA President, Augustine Alegeh (SAN) of partisanship.

    Agbakoba, in a statement, said virtually every NBA election has been criticised for being unfair, adding that he could, however, not recall any case where a loser called for cancellation.

    “As a former NBA President, I urge the Gadzama Campaign Organisation to take the election results in good faith. It will not be in our interest to create challenges for our association. The newly introduced electronic voting system may have had challenges but it was an innovative easy voting procedure.

    “I understand the reaction of the campaign organisation. However, it is important to protect the integrity of NBA. At this stage, what we need as an association is unity. I appeal to the Gadzama Campaign Organisation to accept the election results in good faith and accept A. B. Mahmoud, SAN, as our new President,” Agbakoba said.

  • Ex-Kano AGF Mahmoud beats Gadzama to lead NBA

    Ex-Kano AGF Mahmoud beats Gadzama to lead NBA

    Former Kano State Attorney-General and Commissioner for Justice, Abubakar Mahmoud (SAN) has won the Nigeria Bar Association (NBA) election.

    He polled 3,055 votes to beat his challenger, Chief Joe-Kyari Gadzama (SAN), who scored 2,384 votes.

    The result was announced yesterday. Voting was done online in a newly introduced universal suffrage.

    Mahmoud will serve for two years, with Caleb Danjan (first vice president); former NBA Ikeja chairman MondayUbani second vice president); and Benedict Oji (third vice president), who were returned unopposed.

    For the Office of General Secretary, Mr Isiaka Olagunju scored 2,721 votes, beating Desmond Yamah, who scored 2,510 votes.

    Other winners are Leo Ohagba (first assistant secretary), who scored 2,402 votes, defeating Kunle Edunolu, with 1,653 votes and Enebi Salihu, who polled 1,067 votes.

    The rest are Cecilia Ugbuji (second assistant secretary), Aisha Abdullahi (treasurer), Adesina Adegbite (welfare secretary), Ngozi Udodi (financial secretary), Dorcas Ngwu (assistant financial secretary), Chukwuemeka Mbamala (assistant publicity secretary) and Oyeyemi Balogun (legal adviser).

    While campagning, Mahmoud said NBA presidency was an opportunity to serve and help restore the crisis of confidence in the judiciary, adding that his strongest motivation would be to rebuild the legal profession.

    According to him, the association must stand up for a clean judiciary, which he said should produce consistent, predictable outcomes based on facts and the law.

    “Unfortunately, this cannot be said to be the situation in Nigeria. Many a time, the outcomes are hardly predictable. So we want a judiciary that is clean, efficient and effective,” he said.

    Mahmoud said the NBA, under him, would address the issues of infrastructure deficit, corruption, flawed judicial appointments processes and the code of conduct for judicial officers.

    Following allegations that the process was being manipulated to favour him, Mahmoud said he was confident the electoral committee would be impartial as he would prefer to win an election that was credible.