A letter written by former Nigeria Bar Association (NBA) President Dr. Olisa Agbakoba (SAN) to the incubent, Mr. Okey Wali (SAN), urging the association to retain its zoning of offices is generating ripples. It is the turn of the West to fill the presidential seat, he argues. Agbakoba advises the Midwest to bide its time for the job, an advice which the zone chafes at. Can the Midwest be part of the West in the race for president or is it supposed to wait for its turn? Legal Editor John Austin Unachukwu and JOSEPH JIBUEZE examine the issues.
The controversy over the Nigerian Bar Association (NBA) zoning for the office of its presidency is yet to abate.
Last week, a former NBA President Olisa Agbakoba urged the association not to depart from zoning arrangement which makes it the Southwest’s turn to produce the next president. He said there could be dire consequences if the Yoruba do not produce the next NBA President as previous one had been elected based on zoning.
In a letter to NBA President Okey Wali (SAN), Agbakoba said: “I recognise and empathise with the exclusion of the Midwest but it is in our overall interest to maintain the zoning arrangement. I suggest we do not depart from the zoning arrangement but immediately take steps to address the grievances of the Midwest,” Agbakoba wrote.
A former NBA President Chief Wole Olanipekun (SAN), while speaking at the Alao Aka-Bashorun annual lecture organised by the Ikeja Branch last week, backed Agbakoba, urging the association not to break the zoning cycle.
He said the cycle began in 2000 with Onueze C.J Okocha (SAN) (from the East), followed by him (from the West) and Bayo Ojo (from the North). The second cycle had Agbakoba (from the East), Rotimi Akeredolu (SAN) (West) and Joseph Daudu (SAN) (North).
The third cycle, which is ongoing, has Okey Wali (SAN), who hails from the East according to the zoning arrangement. It is the West’s turn again.
Olanipekun said during the Daudu presidency, agitations were rife for the recognition of additional zones in the NBA, including but not limited to the Midwest zone. He said at the instance of the Midwest Bar leaders, a meeting was held at the Ibadan residence of Chief Dele Aiku (SAN) on July 11, 2012.
“The Mid-West team was led by Chief Albert Akpomudje, SAN and their simple demand qua request was that for the purpose of the NBA zoning arrangement, the Midwest would want to be part of Southwest.
“The Southwest leaders welcomed them wholeheartedly, and informed them that they were not averse to their request. They, however, stated that there must be a continuation of the third zoning trip which had already begun (since at that point in time, it was conceded to the Southeast from where Wali and Emeka Ngige (SAN) were the aspirants/candidates); but that when, by the grace of God, the zoning train moves to the Southwest in 2020, the Southwest as it is now would concede it to the Midwest and that nobody from the Southwest shall contest the slot with any candidate or candidates from the Midwest,” Olanipekun said.
He said as a result of the emergence of the Midwest aspirant for the July election, the stakes have been raised, while the zoning arrangement is being threatened.
“It thus behoves those of us who are leaders of the NBA, including past Presidents, particularly those who have assumed office through the unwritten zoning agreement to plead for caution and restraint at this point in time.
“Agbakoba, our 23rd President has done well by coming out in defence of the zoning arrangement, warning that nobody should truncate it at this point in time when its ship is already in the ‘High Seas’, having taken off from the East in 2012, expected to make a stop at the South-West in 2014 and, finally berth in the North in 2016.
“In any game, particularly, in the game of football, the goalpost is never shifted, extended or contrasted in the middle of the game. In life itself, our words should be honoured and respected. Honouring gentleman’s agreement does not need any rocket science aid; rather, all it needs is our resolve to honour our conscience,” Olanipekun said.
But the Midwest insists that it is part of the Southwest and therefore can field a candidate. Chairman of the Midwest Bar Forum (MBF), Chief Ferdinand Orbih (SAN), said it was agreed in 2012 that both the MBF and the Egbe Amofin belong to the West.
Reacting to Agbakoba’s letter to Wali, MBF said: “We would not want to believe that the letter under reference was indeed written by Dr. Olisa Agbakoba (SAN). Our disbelief stems from the fact that at a meeting held in March, 2012 to address the legitimate demands and aspiration of the Midwest Bar Forum for the NBA presidential slot, Dr. Olisa Agbakoba submitted a written position wherein he clearly stated that for the purpose of the zoning of the NBA presidency, both the Midwest Bar Forum and Egbe Amofin belong to the West.
“The meeting was presided over by Mr. J.B. Daudu (SAN) and was attended by prominent Bar leaders including Chief T.J.Okpoko (SAN), and Chief Bandele Aiku (SAN), who represented the Midwest Bar Forum and the Egbe Amofin respectively.
“In fact, it is unthinkable that a man of his status would turn around to take a contrary position because of his support for a particular candidate and /or the exigencies of the present election.
“It is important to note that there is no Southwest in the informal zoning configuration of the NBA as far as the office of the presidency is concerned. For the avoidance of doubt, the three recognised zones are North, East and West (i.e Egbe Amofin and Midwest)
“In the unlikely event that the letter under reference was indeed written by Dr. Olisa Agbakoba (SAN), there is need to remind him that a decision has already be taken by the leaders and elders of the Bar at the aforesaid meeting in Abuja, in March, 2012.
“At the meeting, the NBA 2014 presidency was zoned to the West, thus leaving the door open for any member of the Midwest Bar Forum or Egbe Amofin to contest the election. The South-West-(Egbe Amofin) and the Midwest Bar Forum have since moved beyond Agbakoba’s partisan position. Both parties have already agreed that they belong to the West.
“However, the unresolved issue is as to which of the two fora in the West will field a candidate in 2014. Efforts to resolve the question of precedence on the basis of fairness and propriety have not yielded dividend. On that note, the parties concerned have agreed to meet at Phillipi, i.e at the polls for the NBA to choose between the contesting Western (Midwest and Egbe Amofin) candidates. Dr. Agbakoba therefore has every right to vote for his candidate on election day but he has no right to peddle untruth and cry louder than the bereaved.
“Finally, a leaf must be borrowed from the East where in the last election, candidates from different parts of the zone contested the election. That in our view represents the true spirit of democracy,” Orbih said.
Aspirants for the presidency are Mrs Funke Adekoya (SAN), Chief Adeniyi Akintola (SAN), Deacon Dele Adesina (SAN), Mr Augustine Alegeh (SAN) and Osas Erhabor.
Agbakoba told The Nation why he wrote the letter. “I acted on principle as a concerned Bar leader. I have no special interest to protect. After all, the western Bar leaders did not support me during my campaigns for NBA Presidency. I, Chief Anyemene and other Bar leaders from the East urged the Western Bar leaders including Chief Olanipeku, to prevail on Funke Adekoya to step down for me because it was the turn of the East according to the zoning principle, they refused and said that zoning was dead, but the East and the North who believed that zoning was alive voted me and I became President.
“But that is not the issue now; the issue is that we want to avert problems in the NBA. How did we get into the zoning principle in the first place? It was to avert the type of trouble we had in 1991 which led to the crash of the NBA for years.”
When reminded that Midwest is taken to be part of the West, Agbakoba said: “They are not, if they are, why did they adopt Augustine Alegeh? Why are they not attending Egbe Amofin meetings where other candidates from the West are declaring their interests to contest the election? Why do they have structures at the Mid West Bar including a constitution?
“They are not part of the West and that is why, during my tenure as NBA President, they wrote a letter to me asking to be recognised as being part of the NBA zoning arrangement. I set up an inclusion committee to address their problems and that of other non included groups, unfortunately the recommendations of that committee has not been approved up till today.
“They had the opportunity to address this issue during Oluwa Rotimi Akeredolu (SAN)’s regime but they did not, even during the regime of J.B Daudu (SAN) but they did not, so its too late in the day for them to come now and say that they are contesting election under the zoning arrangement.”
Okocha told The Nation that during the Daudu presidency, it was agreed that Midwest is part of the West. “The truth is that the president should come from the West but let the West put its house in order but if they fail, we should vote for who the electorate wishes for,” he said.
Speaking on a letter purportedly written to the regional fora to vote for only Yoruba candidates, Okocha said: “That is too parochial, too undemocratic. Egbe Amofin should not exclude other candidates who are in the West. Midwest is part of the West for the purpose of our zoning arrangement.”
A Bar leader, Chief John Ochoga, speaking on the solution, said: “I sympathise with Dele Adesina (SAN) because he would have defeated Akeredolu hands down if he had contested the election in 2008. I expect the entire Yoruba race to rally round him now, but true to their type, I learnt that they are not supporting him now.”
A former NBA President Lanke Odogiyan said: “I support Agbakoba’s view especially as it affects the Southwest. My understanding is that the issue was raised during the Presidency of J. B. Daudu (SAN) and the West said ‘Ok, we will accommodate our brothers from the Midwest on the condition that when we take two slots, they will take one but this one is for the Southwest, Midwest will take in 2020.’
“So, for any candidate to come out now from the Midwest will be very unfair. Remember, the zoning arrangement was put in place because of our experience in 1992, so to avoid future disruptions, we should maintain it.”
Former chairman of NBA Kaduna branch Mr. Anozie Obi recalled that Daudu proposed a six zonal arrangement at the bar leaders summit, which was resisted by the West who declared that the Midwest was part of the West.
“The Presidency which has now returned to the West is zoned to the entire West which includes Midwest. All parts of the West, including the ‘Mid’ of the West are entitled to contest,” he said.
