{"id":86002,"date":"2024-08-13T21:59:19","date_gmt":"2024-08-13T21:59:19","guid":{"rendered":"https:\/\/dnllegalandstyle.com\/dnl\/?p=86002"},"modified":"2024-08-13T22:04:38","modified_gmt":"2024-08-13T22:04:38","slug":"ecnba-has-made-a-mockery-of-the-election-process-tonenna-erojikwe","status":"publish","type":"post","link":"https:\/\/dnllegalandstyle.com\/dnl\/ecnba-has-made-a-mockery-of-the-election-process-tonenna-erojikwe\/","title":{"rendered":"ECNBA Has Made A Mockery of The Election Process – Tonenna Erojikwe"},"content":{"rendered":"

Tobenna Erojikwe, has issued a statement rejecting the post election audit presented by the Electoral\u00a0 Committee\u00a0 of\u00a0 the Nigerian\u00a0 Bar Association\u00a0 (ENCBA) on the conduct of the NBA National Elections. He also raised serious concern over the conduct of the Election Appeal Committee.<\/p>\n

In his recent statement, Erojikwe who was a presidential candidate during the Elections which was held on July 20, 2024, noted that what\u00a0 ECNBA has done\u00a0 is to become a judge in its\u00a0 own case.\u00a0 He further stated that the audit contemplated\u00a0 by the NBA Constitution\u00a0 is an independent one where persons outside the\u00a0 ECNBA will be able to interrogate\u00a0\u00a0 the\u00a0 process\u00a0 and\u00a0 be\u00a0 reassured that\u00a0 the\u00a0 Elections\u00a0 was transparent. He stated that ECNBA has made\u00a0 a mockery\u00a0 of the audit with its refusal\u00a0 to facilitate\u00a0\u00a0an independent audit.<\/p>\n

Similarly, Erojikwe also criticized the Appeal Committee’s handling of his petition, raising issues such as short notice for hearings, refusal to entertain evidence, and concerns over the committee’s composition.<\/p>\n

He noted that he remains committed to holding the ECNBA accountable and urges other members of the NBA to continue engaging with and scrutinizing the association’s processes.<\/p>\n

Below is his full press release:<\/p>\n

Dear Colleagues,<\/em><\/p>\n

You would\u00a0 recall that \u00a0on \u00a022nd July, \u00a02024, I\u00a0\u00a0\u00a0 \u00a0wrote \u00a0to the \u00a0Electoral \u00a0Committee \u00a0of \u00a0the Nigerian \u00a0Bar Association\u00a0\u00a0 (<\/strong>ENCBA<\/strong>) \u00a0<\/strong>requesting \u00a0for \u00a0an \u00a0audit \u00a0of \u00a0the \u00a0201h July, \u00a02024 NBA National \u00a0Officers \u00a0Elections\u00a0 (the \u00a0“<\/strong>Ele<\/strong>c<\/strong>ti<\/strong>o<\/strong>n<\/strong>s<\/strong>“<\/strong>)\u00a0 \u00a0<\/strong>in line \u00a0with \u00a0the \u00a0relevant \u00a0provisions of \u00a0the Constitution \u00a0of the Nigerian Bar Association \u00a0(the “<\/strong>Con<\/strong>s<\/strong>titut<\/strong>o<\/strong>i<\/strong> n<\/strong>“<\/strong>)<\/strong>.<\/strong>\u00a0 \u00a0<\/strong>Interestingly, \u00a0on 26th July, 2024 the ECNBA responded \u00a0and \u00a0refused \u00a0the request for an dudit \u00a0contrary \u00a0to the \u00a0clear provisionsof the Constitution.<\/em><\/p>\n

Since that \u00a0refusal, \u00a0I\u00a0\u00a0\u00a0 have \u00a0received \u00a0several \u00a0telephone \u00a0calls \u00a0and \u00a0messages \u00a0from many\u00a0 of our colleagues \u00a0who were, understandably, \u00a0worried that a bad \u00a0precedent has been set in our electoral \u00a0process by the \u00a0ECNBA, \u00a0and that \u00a0the \u00a0ECNBA’s \u00a0posture has heightened their \u00a0misgivings about \u00a0the Elections.\u00a0 \u00a0I\u00a0 \u00a0am particularly \u00a0concerned about \u00a0some callers and well-wishers who expressed despair and lack of faith in the electoral \u00a0process of our noble Association, \u00a0even \u00a0going \u00a0forward. \u00a0I\u00a0\u00a0\u00a0\u00a0 am \u00a0worried \u00a0because despondency \u00a0and \u00a0apathy cannot \u00a0augur\u00a0 \u00a0well \u00a0for \u00a0our \u00a0Association.\u00a0\u00a0\u00a0 \u00a0We \u00a0cannot\u00a0\u00a0 \u00a0allow \u00a0ourselves to\u00a0\u00a0 become disenchanted \u00a0or uninterested \u00a0in the \u00a0affairs of the \u00a0Nigerian \u00a0Bar Association \u00a0because of what appears to be the untoward \u00a0conduct\u00a0 \u00a0of a few.<\/em><\/p>\n

It is on the basis of the foregoing that I \u00a0am issuing this brief pressrelease \u00a0to reassure lawyers across Nigeria \u00a0that we must \u00a0and ought to continue \u00a0to show interest in our Association, \u00a0to engage \u00a0and to interrogate \u00a0our processes at every turn. \u00a0It is only by holding \u00a0the operators of the system accountable \u00a0that we can make \u00a0progress \u00a0both as an Association and as a nation. \u00a0On my part, \u00a0I\u00a0\u00a0 \u00a0am \u00a0determined to continue \u00a0working \u00a0to improve \u00a0the system and make\u00a0 it more \u00a0accountable\u00a0 \u00a0to \u00a0members of the \u00a0Association. \u00a0This \u00a0is \u00a0what \u00a0I\u00a0\u00a0 \u00a0have \u00a0always done, even \u00a0at \u00a0a time \u00a0when \u00a0I\u00a0\u00a0\u00a0 \u00a0had \u00a0no intention \u00a0of running \u00a0for office. \u00a0I encourage all members of the Nigerian \u00a0Bar Association to adopt similar disposition.<\/em><\/p>\n

In keeping \u00a0with this spirit, \u00a0on 31st\u00a0 July, \u00a02024, I\u00a0 lodged\u00a0 a Petition with the \u00a0NBA National Officers Elections Appeal Committee\u00a0 (<\/strong>“<\/strong>App<\/strong>e<\/strong>al <\/strong>C<\/strong>o<\/strong>mmitt<\/strong>ee<\/strong>“<\/strong>)\u00a0 <\/strong>challenging \u00a0the results and conduct\u00a0 \u00a0of the \u00a0Elections. On Friday, \u00a09th August, \u00a02024, I\u00a0\u00a0\u00a0 further submitted \u00a0three \u00a0different subpoena\u00a0 \u00a0duces \u00a0tecum \u00a0to\u00a0 the \u00a0Appeal Committee. \u00a0These \u00a0subpoenas are \u00a0aimed \u00a0at compelling the \u00a0production \u00a0of relevant \u00a0materials \u00a0and documents \u00a0used \u00a0for the \u00a0Elections so as to \u00a0be able \u00a0to give the \u00a0Appeal Committee \u00a0a fair and\u00a0 complete picture \u00a0of what transpired.<\/em><\/p>\n

On \u00a0Saturday,\u00a0 10th \u00a0August, \u00a02024, \u00a0by 1 :50PM, I\u00a0 received \u00a0a notification \u00a0from the \u00a0Appeal Committee \u00a0informing my legal team \u00a0and I \u00a0that hearing would commence on my Petition on Monday, \u00a012th \u00a0August, 2024. \u00a0The email \u00a0further stated \u00a0that \u00a0we would \u00a0be advised \u00a0if our physical \u00a0presence \u00a0would\u00a0 \u00a0be required.\u00a0 \u00a0Without \u00a0receiving any \u00a0further direction,\u00a0 \u00a0on Sunday,<\/em><\/p>\n

11th\u00a0 \u00a0August, \u00a02024, my legal \u00a0team \u00a0sent \u00a0another\u00a0 \u00a0email \u00a0to the \u00a0Appeal\u00a0 \u00a0Committee \u00a0asking \u00a0for the \u00a0time \u00a0of \u00a0the \u00a0sitting\u00a0 \u00a0and \u00a0the \u00a0medium.\u00a0 \u00a0By \u00a04.45Pm\u00a0 \u00a0on \u00a0that \u00a0same \u00a0Sunday,\u00a0 \u00a0the \u00a0Appeal Committee \u00a0tersely \u00a0responded \u00a0in this manner \u00a0– \u00a0“physical \u00a0sitting\u00a0 of the Appeal\u00a0 \u00a0Committee Vvill \u00a0commence\u00a0 \u00a0tomorrow\u00a0 \u00a0at \u00a09.am”.\u00a0 \u00a0The notice\u00a0 \u00a0was \u00a0awfully \u00a0short and \u00a0did \u00a0not state \u00a0the venue\u00a0 \u00a0of \u00a0the\u00a0 \u00a0meeting.\u00a0\u00a0 \u00a0We\u00a0 \u00a0promptly\u00a0\u00a0 \u00a0wrote\u00a0\u00a0 \u00a0back\u00a0 \u00a0to\u00a0 \u00a0the\u00a0 \u00a0Appeal\u00a0\u00a0 \u00a0Committee\u00a0 \u00a0and complained\u00a0 \u00a0of the short notice \u00a0while \u00a0asking \u00a0for the venue \u00a0of the \u00a0sitting.<\/em><\/p>\n

We did not \u00a0receive\u00a0 \u00a0any \u00a0response \u00a0from the \u00a0Appeal \u00a0Committee \u00a0until \u00a09.04am\u00a0 \u00a0on Monday.<\/em><\/p>\n

12th \u00a0August, \u00a02024 wherein\u00a0 \u00a0the \u00a0Appeal\u00a0 \u00a0Committee \u00a0informed\u00a0 \u00a0us \u00a0that \u00a0it would\u00a0 \u00a0be sitting \u00a0at No. \u00a09 Oro Ago \u00a0Crescent,\u00a0\u00a0 Garki, Abuja. \u00a0In view \u00a0of the \u00a0fact \u00a0that \u00a0senior members \u00a0of my legal team \u00a0are \u00a0based \u00a0in Lagos, we \u00a0quickly \u00a0asked \u00a0a colleague\u00a0 \u00a0in Abuja\u00a0 \u00a0to\u00a0 rush down\u00a0 \u00a0to \u00a0the venue \u00a0and \u00a0explain \u00a0our inability \u00a0to attend\u00a0 \u00a0at such \u00a0a short notice \u00a0and \u00a0to get \u00a0another\u00a0 \u00a0date. We also sent an email to the \u00a0Appeal \u00a0Committee \u00a0asking\u00a0 that \u00a0the \u00a0matter \u00a0be adjourned \u00a0to Wednesday\u00a0 \u00a0or Friday. \u00a0TheCommittee \u00a0refused \u00a0to adjourn \u00a0but informed \u00a0our colleague\u00a0 \u00a0that they would \u00a0sit \u00a0by \u00a01 PM to enable \u00a0counsel \u00a0for the \u00a0Respondents\u00a0 \u00a0to attend.<\/em><\/p>\n

When \u00a0the Committee \u00a0eventually \u00a0sat, \u00a0the \u00a0Chairman\u00a0 \u00a0stated \u00a0that \u00a0it would \u00a0not \u00a0receive\u00a0 \u00a0any evidence\u00a0 \u00a0or\u00a0 \u00a0hear\u00a0 \u00a0witnesses\u00a0\u00a0 \u00a0because\u00a0\u00a0 \u00a0the\u00a0 \u00a0Appeal\u00a0\u00a0 \u00a0Committee\u00a0\u00a0 \u00a0was\u00a0 \u00a0a\u00a0 \u00a0fact-finding Committee.\u00a0 \u00a0The \u00a0Chairman also stated\u00a0 \u00a0that \u00a0he heard \u00a0that \u00a0my legal \u00a0team\u00a0 \u00a0had \u00a0filed \u00a0a suit in Court \u00a0and \u00a0directed\u00a0 \u00a0my colleague\u00a0 \u00a0who represented\u00a0\u00a0 \u00a0me to send \u00a0copies \u00a0of the processes to \u00a0him \u00a0by \u00a0email.\u00a0 \u00a0The \u00a0observation\u00a0\u00a0 \u00a0and\u00a0 \u00a0remark\u00a0 \u00a0were\u00a0 \u00a0strange\u00a0\u00a0 \u00a0because\u00a0\u00a0 \u00a0the\u00a0 \u00a0Appeal Committee \u00a0and \u00a0its \u00a0Chairman\u00a0 \u00a0are \u00a0not \u00a0parties\u00a0 \u00a0to \u00a0the \u00a0suit referenced\u00a0 \u00a0and \u00a0the processes were\u00a0 \u00a0filed\u00a0 \u00a0ex \u00a0parte\u00a0 \u00a0Vvithout \u00a0service\u00a0 \u00a0on \u00a0any\u00a0 \u00a0party.\u00a0 \u00a0What\u00a0 \u00a0was \u00a0obvious\u00a0 \u00a0was \u00a0that\u00a0 \u00a0the Chairman \u00a0of \u00a0the \u00a0Appeal\u00a0 \u00a0Committee\u00a0 \u00a0had \u00a0discussed\u00a0 \u00a0my \u00a0Petition\u00a0 \u00a0and\u00a0 \u00a0related\u00a0\u00a0 \u00a0matters outside \u00a0the \u00a0sitting \u00a0of the Appeal\u00a0 \u00a0Committee.<\/em><\/p>\n

In \u00a0all, \u00a0while \u00a0I\u00a0 \u00a0have \u00a0no intention\u00a0 \u00a0of discussing the merits \u00a0or otherwise of the \u00a0Petition\u00a0 \u00a0while \u00a0it is pending,\u00a0 \u00a0I\u00a0\u00a0 \u00a0am \u00a0worried \u00a0by some \u00a0events:\u00a0 \u00a0(i) \u00a0the \u00a0very \u00a0short\u00a0 notice\u00a0 \u00a0sent \u00a0to my lawyers \u00a0on Sunday\u00a0 \u00a0for a sitting \u00a0happening \u00a0on Monday without\u00a0 \u00a0stating \u00a0the \u00a0venue;\u00a0 \u00a0(ii) \u00a0my colleague who \u00a0appeared \u00a0for me \u00a0was informed\u00a0\u00a0 by \u00a0a \u00a0member \u00a0of \u00a0the \u00a0Appeal \u00a0Committee \u00a0that Monday’s \u00a0sitting was the second sitting of the\u00a0 Appeal \u00a0Committee; \u00a0(iii) \u00a0the Committee unilaterally\u00a0 directed\u00a0 \u00a0that \u00a0no evidence\u00a0 \u00a0would \u00a0be entertained\u00a0 \u00a0without considering the subpoenas \u00a0already \u00a0filed \u00a0before \u00a0it; \u00a0(iv) \u00a0the \u00a0pronouncement \u00a0by the Appeal \u00a0Committee that it was merely a fact-finding Committee: and (v) the want of jurisdiction of the Appeal Committee in terms of its composition – \u00a0(while pursuant to section \u00a014(1)\u00a0 \u00a0(L)\u00a0\u00a0 of the \u00a0NBA Constitution, the Appeal Committee was set up and \u00a0its membership delineated\u00a0 \u00a0to\u00a0 be seven \u00a0persons, the \u00a0Appeal \u00a0Committee that \u00a0sat on \u00a012th\u00a0 \u00a0August, \u00a02024 comprised \u00a0of six members).<\/em><\/p>\n

Further to the foregoing, on Tuesday, \u00a013th \u00a0August, 2024, my attention was drawn to reports in the social media \u00a0that 1he ECNBA had conducted an audit and issued a “Final \u00a0Report” of the \u00a0Elections.\u00a0 \u00a0This is curious considering the \u00a0fact that \u00a0ECNBA had informed \u00a0me in no uncertain terms that \u00a0conducting \u00a0an audit \u00a0as mandated by the \u00a0NBA \u00a0Constitution \u00a0would violate \u00a0data \u00a0privacy \u00a0rights and that no such audit \u00a0would \u00a0be conducted. \u00a0What \u00a0ECNBA has done \u00a0instead \u00a0is to become a judge in its \u00a0own case. \u00a0The audit contemplated \u00a0by the NBAConstitution \u00a0is an independent one where personsoutside the \u00a0ECNBA will be able to interrogate\u00a0 \u00a0the \u00a0process \u00a0and \u00a0be \u00a0reassured that \u00a0the \u00a0Elections \u00a0was transparent. The<\/em><\/p>\n

EC NBA has refused \u00a0to facilitate\u00a0 \u00a0this \u00a0process \u00a0but instead \u00a0has \u00a0made \u00a0a mockery \u00a0of it with \u00a0its latest \u00a0outing.<\/em><\/p>\n

I\u00a0 \u00a0will \u00a0like\u00a0 \u00a0to \u00a0reproduce\u00a0 \u00a0the \u00a0relevant\u00a0 \u00a0provisions\u00a0 \u00a0of \u00a0the \u00a0NBA Constitution\u00a0\u00a0\u00a0\u00a0 to \u00a0enable\u00a0 \u00a0our members \u00a0understand\u00a0 \u00a0the extent \u00a0of the accountability\u00a0 \u00a0and\u00a0 transparency\u00a0 \u00a0expected \u00a0from [NCBA \u00a0in an [lections audit:<\/em><\/p>\n

Seco<\/strong>nd S<\/strong>c<\/strong>h<\/strong>e<\/strong>du<\/strong>l<\/strong>e<\/strong>,<\/strong>\u00a0 \u00a0<\/strong>Part <\/strong>II<\/strong>, \u00a0<\/strong>Para<\/strong>g<\/strong>raph \u00a08(b)<\/strong>,<\/strong> \u00a0<\/strong>(c), \u00a0(d<\/strong>} a<\/strong>nd <\/strong>(e) of th<\/strong>e <\/strong>NBA <\/strong>Co<\/strong>n<\/strong>s<\/strong>titut<\/strong>io<\/strong>n<\/strong>–<\/strong><\/em><\/p>\n

“8. \u00a0The \u00a0ECNBA shall display openness \u00a0and \u00a0transparency \u00a0in\u00a0 all its activities \u00a0and \u00a0its relationship \u00a0with all members, \u00a0particularly \u00a0the \u00a0candidates for the\u00a0 Elections. and \u00a0shall ensure the following:<\/em><\/p>\n

(b) provide on explanation \u00a0in response \u00a0to reasonable\u00a0 \u00a0requests, \u00a0for a decision it hos mode as part of the electoral process or o decision made as part of the general conduct of the Elections:<\/em><\/p>\n

{c) establish a system that\u00a0 allows interested \u00a0parties to access, \u00a0in a timely manner, all critical information, documents, \u00a0and databases used in an Elections process, or used in the normal ooerotion \u00a0of the Elections administration:<\/em><\/p>\n

{d) disclose \u00a0fully any deficiency in the administration of on Elections when it comes to its attention:<\/em><\/p>\n

(e) \u00a0make \u00a0freely \u00a0available and \u00a0in o \u00a0timely \u00a0manner,\u00a0 the \u00a0information on \u00a0which \u00a0each<\/em><\/p>\n

decision was based.” \u00a0(Emphasis \u00a0supplied)<\/em><\/p>\n

CON<\/strong>C<\/strong>LU<\/strong>SIO<\/strong>N<\/strong>:<\/strong><\/em><\/p>\n

I wont to make it clear that all I \u00a0hove done \u00a0since \u00a0ofter the Elections \u00a0is \u00a0to ask the ECNBA<\/em><\/p>\n

to abide \u00a0by the above \u00a0provisions \u00a0of the NBA Constitution \u00a0and I will continue \u00a0to do so. Thank you.<\/em><\/p>\n

\"\" \"\" \"\"<\/p>\n","protected":false},"excerpt":{"rendered":"

Tobenna Erojikwe, has issued a statement rejecting the post election audit presented by the Electoral\u00a0 Committee\u00a0 of\u00a0 the Nigerian\u00a0 Bar Association\u00a0 (ENCBA) on the conduct of the NBA National Elections. He also raised serious concern over the conduct of the Election Appeal Committee. In his recent statement, Erojikwe who was a presidential candidate during the […]<\/p>\n","protected":false},"author":9,"featured_media":85764,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"om_disable_all_campaigns":false,"_monsterinsights_skip_tracking":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_hide_featured_image":false,"_jetpack_featured_image_duplicate_dismissed":0,"_jetpack_feature_clip_id":0,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":true,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2},"jetpack_post_was_ever_published":false},"categories":[4,5],"tags":[],"class_list":["post-86002","post","type-post","status-publish","format-standard","has-post-thumbnail","category-nba-news","category-news"],"aioseo_notices":[],"aioseo_head":"\n\t\t\n\t\n\t\n\t\n\t\n\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t