At the NBA National Executive Committee (NEC) meeting held on 1st March, 2018 in Ilorin, Kwara State, a 5-man Electoral Committee otherwise known as ECNBA was approved with Prof. Auwalu Yadudu as its Chairman. Other members of the ECNBA include Teslim Olatunde Busari, SAN (Alternate Chairman), Prof. Augustine Robert Agom (Member) Gloria Anuria Ohia, Esq (Member) and Bolaji A. Agoro, Esq (Secretary). The ECNBA was subsequently inaugurated at an event that took place at the NBA House, Abuja on 12th March, 2018.
The mandate given to the ECNBA is to organise and conduct a free, fair and credible election into the National Offices provided in Section 8 of the Constitution of the Association. In line with the objectives of the Association and in order to facilitate the jobs of the ECNBA as enshrined in the extant Constitution of the NBA 2015 (hereinafter referred to as the Constitution), the ECNBA hereby presents the following Guidelines and Time Table for the conduct of the National Officers Elections, 2018.
A. NATIONAL OFFICERS
Section 8(2) of the Constitution provides for the following National Officers –
1. The President
2. The First Vice-President
3. The Second Vice-President
4. The Third Vice-President
5. The General Secretary
6. The First Assistant Secretary
7. The Second Assistant Secretary
8. The Treasurer
9. The Welfare Secretary
10. The Financial Secretary
11. The Assistant Financial Secretary
12. The Publicity Secretary
13. The Assistant Publicity Secretary
14. The Legal Adviser
B. QUALIFICATION REQUIREMENTS TO CONTEST NATIONAL OFFICES
By virtue of Section 8(3) of the Constitution of the NBA 2015, a member of the Association shall be qualified to contest a National Office if such member has paid, as at the date of his/her nomination, the Bar Practice Fees and Branch Dues for three (3) consecutive years. Each of the payments must have been made as and when due i.e on or before 31st March of each year.
The member must also be in private legal practice and must have at any time prior to his/her nomination been either a member of the National Executive Committee or Branch Executive Committee as may be applicable to the post being contested in line with Section 8(3)(c)(i)-(iii) of the Constitution. Such member must also satisfy the post-enrolment requirement as indicated in Section 8(3)(d)(i)-(iii) as may be applicable.
Constitutional requirements for the offices are;
• Candidates for the offices of President, First Vice President, Second Vice President and Third Vice President must not be less than fifteen (15) years post-enrolment to bar;
• Candidates for the offices of General Secretary must not be less than ten(10) years post-enrolment;
• Candidates for the offices of Treasurer, Publicity Secretary, Financial Secretary, Welfare Secretary and Legal Adviser respectively. For the office of First Assistant Secretary, the candidates must not be less than eight (8) years post-enrolment to bar.
• Candidates for the offices of Second Assistant Secretary, Assistant Publicity Secretary and Assistant Financial Secretary must not be less than five (5) years post-enrolment to bar.
In computing post-enrolment at the Bar for the qualification and nomination of candidates, the ECNBA shall take into consideration whether the candidate/member paid his/her Bar Practicing Fees as and when due.
C. DISQUALIFICATION FROM HOLDING NATIONAL OFFICE
Pursuant to Section 8(4) of the Constitution, an Applicant/Aspirant shall be disqualified from holding any National Office of the Association if during the campaigns for the election the following is established against him/her:
1. There is evidence that he/she is sponsored by or has received any financial assistance or inducement from any government of the Federation, or members, organisations or bodies corporate;
2. That he/she sponsors or is associated with sponsoring a newspaper or magazine article or any electronic or social media broadcast vilifying other candidates or extolling a candidate’s virtues;
3. That he/she has held an elective office as a national officer for two (2) consecutive terms and that such person shall not be eligible to contest for a national office until at least ten (10) years after his/her last term in office;
4. If there is any evidence from receipts for the payment of Bar practicing fees and the Branch dues disclosing that it was not paid as and when due;
5. If either of the two (2) nominators is not qualified as the candidate or has any element that vitiates his qualification as a candidate;
6. If he/she or either of his/her nominators did not meet the post-enrolment requirements for the office being sought.
7. If any aspirant contravenes the campaign rules and regulations as specified in Paragraph G below.
In addition to the above and pursuant to paragraph 2.6 of the second schedule of the constitution, a member shall not be eligible for election as a national officer if he/she;
a) Is not a Nigerian Citizen;
b) Is a member of a political party in Nigeria;
c) Has been adjudged bankrupt or has made a composition or arrangement with his creditors;
d) Is adjudged mentally unfit to take up the position by a competent medical authority;
e) Has been convicted of a crime or has been indicted by a disciplinary committee for an alleged or professional impropriety.
D. ZONING ARRANGEMENTS FOR THE OFFICES
In line with the provision of Section 9(3) of the Constitution and Paragraph 2.2(e) (i)-(iii) Second Schedule to the Constitution, the ECNBA has approved the zoning of National Offices as set out below;
||President||Not less than 15 years post-enrolment and not less than 2 years in NEC.||East|
||1st Vice President||As above||East|
||2nd Vice President||As above||West|
||3rd Vice President||As Above||North|
||General Secretary||Not less than 10 years post-enrolment and not less than 2 years in NEC.||North|
||First Assistant Secretary||Not less than 8 years post-enrolment and not less than 2 years at the Branch Executive Committee.||Not Zoned|
||2nd Assistant Secretary||Not less than 5 years post-enrolment and not less than 2 years at the Branch Executive Committee..||Not Zoned|
||Treasurer||Not less than 10 years post-enrolment and not less than 2 years at the NEC.||Not Zoned|
|9||Welfare Secretary||Not less than 10 years post-enrolment and not less than 2 years at the NEC.||Not Zoned|
||Financial Secretary||Not less than 10 years post-enrolment and not less than 2 years at the NEC.||Not Zoned|
||Assistant Financial Secretary||Not less than 5 years post-enrolment and not less than 2 years at the Branch Executive Committee.||Not Zoned|
||Publicity Secretary||Not less than 10 years post-enrolment and not less than 2 years at the NEC.||Not Zoned|
||Assistant Publicity Secretary||Not less than 5 years post-enrolment and not less than 2 years at the Branch Executive Committee .||Not Zoned
||Legal Adviser||Not less than 10 years post-enrolment and not less than 2 years at the NEC.||Not Zoned|
E. NOMINATION OF CANDIDATES FOR NATIONAL OFFICES
The 2018 NBA National Elections shall hold between 23:59hours of Friday 27th to 23:59hours of Saturday 28th July, 2018. To this end, nomination of candidate shall commence from 2nd May, 2018 and end on 31st May, 2018. Nomination Forms shall be available at the National Secretariat, NBA House and Online as from 2nd May, 2018.
The ECNBA shall consider the nominations of candidates and reserves the right to disqualify any nominated candidate for contravening the conditions specified under these Guidelines and communicate its decision to the affected aspirants/contestants.
Such disqualified aspirant who is aggrieved or dissatisfied with the decision of the ECNBA in respect of his nomination may within seven (7) days of the communication of the decision, appeal against such decision. Such appeal should be presented not later than 22nd June, 2018.
The ECNBA upon the receipt of an appeal from any aspirant shall consider same and give its decision within fourteen (14) days.
F. QUALIFICATION OF MEMBERS TO VOTE
2. Every Branch must also attach the photocopies of the receipts and bank deposit slips evidencing payment of the Annual Bar Practicing Fees as well as the Statement of Account of Bank showing payment of Branch dues and levies by members whose names are contained in the list.
3. The comprehensive list of members eligible to vote shall be published not less than twenty eight (28) days before the date of the elections.
G. CAMPAIGN RULES AND REGULATIONS
Campaign for the elections shall be conducted as provided in paragraph 2.3(f), (g) and (h) of the Second Schedule of the Constitution namely;
i. Candidates shall submit by email not more than four pages of A4-size electronic copy of their Curriculum Vitae, comprehensive manifestoes and other campaign material to the ECNBA for publication on the NBA website, not later than the day fixed by the ECNBA.
ii. The publication, printing or distribution of any campaign materials, gifts and any form of souvenir whatsoever by a candidates or his supporter(s) is hereby prohibited and any candidate who contravenes these provisions shall be disqualified from being voted for.
iii. The ECNBA shall collate all materials, arrange them in alphabetical order without regard for the position being sought and publish them in an electronic Election Magazine to be hosted on the NBA website at least twenty one (21) days before the election.
Traveling across the country to the branches to canvass for votes is discouraged under these Guidelines.
H. REGULATIONS FOR ELECTRONIC VOTING
Pursuant to Section 9(4) and Paragraph 2.4(a) & (b) of the Second Schedule to the Constitution, the elections shall be conducted electronically.
Further Guidelines regarding the modalities for the E- Voting, verification and accreditation of voters shall be published at a later date in accordance with paragraph 2.4(c) of the Second Schedule of the Constitution.
Dated this 19th day of April, 2018
Prof. Auwalu Yadudu Bolaji A. Agoro, Esq.
Chairman, ECNBA Secretary, ECNBA
Chairman, ECNBA Secretary, ECNBA