FATAL OMISSIONS / OVERSIGHT IN THE GUIDLINES OF ELECTORAL COMMITTEE, UYO-BAR DATED 31/03/2023:

FATAL OMISSIONS / OVERSIGHT IN THE GUIDLINES OF ELECTORAL COMMITTEE,  UYO-BAR DATED 31/03/2023.

By ~ Meti M. Ukpeh, Esq., Uyo-based Human Rights Lawyer

Conscience Stroke:_Never forget that the Motto of NBA is to preserve and protect the Rule of Law!!!_

Let's xray the grave omissions hence:

1) The Guideline is NOT predicated on any known law of the NBA

Item 1 of the Guidelines reads: "Pursuant to the provisions of section 16 of Nigerian Bar Association Uniform Byelaw...."

Query: NBA BYELAW of which year, no date???_

NOTE: the only known law is the approved NBA CONST., 2015, amended in 2021 signed by Akpata, 28/10/2021.

2) Item 7 of the said guidelines does not capture the law in full and is grossly unconstitutional. It also creates room for conjectures against the clear unambiguous provisions of S. 14 and S. 14(2) of the NBA UNIFIED BYE-LAW, 2021

The said item 7 of the guidelines reads: "A candidate shall not have less than 10years post-call enrollment experience if he is contesting for the office of chairman or vice-chairman"_

Whereas S. 14(1) reads:

1. To be eligible to stand for election into an office, a member shall: (a) Be validly nominated in writing by two members who are eligible to vote herein and who must themselves be qualified for the particular office as provided for in

these By-Laws;

(b) Have attended a minimum of five (5) monthly meetings of the Branch within the

twelve (12) months prior to the close of nominations for the election;

(c) Attain the post-enrolment qualification requirement for the affected office as at

the date of the election as follows:

(i) Chairman and Vice-Chairman, ten (10) years;

(ii) Secretary, Treasurer and Financial Secretary, seven (7) years

(iii)Social Secretary, Publicity Secretary, Welfare Secretary, and Provost, five (5)

years; and

(iv)Assistant Secretary, three (3) years.

(d) Be a financial member of the Branch and shall have paid his/ her bar practicing

fees and annual branch dues as and when due for the three (3) years preceding the

election, inclusive of the year of election.

Guess what?

S. 14(2) of the NBA UNIFIED BYE-LAW provides thus: 

2. In reckoning post-call years, a person shall be regarded as having attained a post call 

year on each succeeding anniversary of his/her call to the Bar and not sooner.

Consequently, item 7 of the guidelines is void and liable to be struck off against the clear and unambiguous reading and interpretation of the Bye-law, 2021.

3) Item 17 of the said guidlines introduced extraneous matter against the obvious contemplation of S.15(1) of UNIFIED BYELAW, 2021; hence,  item 17 of the guidelines is void and unconstitutional. 

Item 17 of the guidelines reads:

 A member shall only be eligible to vote if he has paid his annual practicing fee and bar dues/levies as and when due for the a period of two (2) years preceding the election or since enrolment (if less than 2years post-call),  provided that a voter shall have attended a minimum of five(5) monthly general meeting of the Branch within the twelve (12) months preceding the date if election, EXCEPT FOR NEWLY CALLED/NEW MEMBERS*

NOTE: The extraneous matter-- "...except Newly Called/New members" is nowhere to be found anywhere in the NBA UNIFIED BYE-LAW, 2021.

Thus the right law is provided in 

S. 15(1) of the Byelaw, 2021, and it provides thus:  S.15(1): to be eligible to vote, a member shall be a financial member of the Branch and shall have paid his/her bar practicing fees and annual branch dues, as and when due, for the

two (2) years preceding the election or since enrolment, if less than two (2) years postcall and shall have attended a minimum of five (5) monthly general meetings of the Branch within the twelve (12) months preceding the date of the election.

Note: The exemption has already been provided in that s.15(1)for those under 2years post-call which is their Payment of BPF/Dues and their MANDATORY FIVE(5) BAR ATTENDANCE

Hence, there is no need for SPECIAL exemption as created by item 17 of the said electoral guidelines of the eleco committe, hence unconstitutional!

GUESS WHAT??? The most important provision of the NBA BYE-LAW is engraved, concisely and unequivocally in S.15(3)

S.15(3) provides thus:

 No provision of this Bye-Law relating to qualification to vote and be voted for shall

be waived by any person, the Branch, its organs, or committee set up by the Branch.

Also note, the ELECTORAL COMMITTEE is NOT ALLOWED and CANNOT publish any guidelines different from what it is provided in the Bye-law

S. 16 of the UNIFIED BYE-LAW, 2021 provides thus:

Not later than Ninety (90) days to the date of the election, the Electoral Committee...shall publicize the provisions of the Bye- Law relating to eligibility to contest and eligibility to vote and also issue election and campaign guidelines..."

Note: the purport of that section is for any electoral committee of a Branch to extract and publish the same electoral guidelines already provided in the law, not a different electoral guidlines (This is one of the reasons, the law is called a "UNIFIED BYE-LAW" made for ALL branches of NBA.) 

 _Never forget that the Motto of NBA is to preserve and protect the Rule of Law!!!_

Thank you. 

Meti M. Ukpeh, Esq.