NBA Constitutional Amendment: J-K Gadzama Recommends Representation Of YLF In NEC, Amongst Others”

*Suggests Early Setting Up Of Electoral Committee
*Suggests Adoption Of E-Voting At All NBA Branches

Joe-Kyari Gadzama, SAN (Chairman, Mentorship Committee of the
Body of Benchers) in response to the clarion call of the Nigerian
Bar Association (NBA) Review Committee for submission of memoranda
on further amendments to the provisions of the NBA Constitution
2015 (as amended), has recommended some Constitutional amendments
and other proposed reforms to the Committee for consideration.

The Learned Silk recommended to the committee, to specifically
list the representative of Young Lawyers (encapsulating lawyers
from 0 – 7 years post- call) as a statutory member of NEC. He
further recommended the intrinsic infusion of Young Lawyers in
Standing Committees.

In view of addressing loopholes in the Constitution regarding
the elections, the Learned Silk suggested the use of e-voting at
the various branches of the NBA on dedicated computer systems with
real time monitoring of votes as well as automatic collation of
results in the presence of monitoring agents to curb susceptibility
of hacking and data infringement and ensure transparency as well as
auditability. An open ballot system was proffered by the Silk to be
adopted to ensure that voters and their votes will be votes will be
evidenced to avoid hijacking of voters’ slots. The need for due
process in the engagement of Information Technology or Service
Providers was not left out in the registration of voters to
achieving a free, fair, glitch-free, seamless election. Thus, the
very need for publication of all legible voters (lawyers who have
paid their practice-fee by 31st March) was proffered by the
Silk.

An early set-up of the Electoral Committee was stressed by the
Silk for adequate preparation for the elections. The Silk
emphasised on the need to reduce the involvement of the NBA
President in the process. He expressed his growing concern in the
way and manner the appointment of the Chairman of the ECNBA has
been done in time past till date, trailing the occupation of the
office by persons from the same zone as the NBA President. He also
stressed that a deviation from the track of stereotypical
appointment would encourage members of the Bar to see credence in
its process. The involvement of the NBA Secretariat was also
addressed in the contribution of the Learned Silk to the amendment
as he suggested the need to reduce and check the interference of
the Secretariat.

Joe-Kyari Gadzama, SAN who had acted as: the Pioneer Chairman,
NBA – SPIDEL; Vice Chairman, NBA – SLP; Council Member, NBA – SBL &
Chairman, NBA Abuja Branch, emphasized on the collective duty of
all members of the Bar to ensure the reformation of the electoral
system as same portrays the sanctity and enviable reputation
attributed to the profession.

BELOW READ THE MEMORANDUM TO THE NIGERIAN BAR
ASSOCIATION (NBA) CONSTITUTION REVIEW COMMITTEE BY JOE-KYARI
GADZAMA, OFR, MFR, SAN, FNIALS, FICMC, FCIArb, Chartered
Arbitrator. Chairman, Mentorship Committee of the Body of
Benchers

Formerly: Pioneer Chairman, NBA – SPIDEL; Vice Chairman, NBA
– SLP; Council Member, NBA – SBL & Chairman, NBA Abuja
Branch.

1.0 INTRODUCTION:

1.1 This memorandum is in response to the call by the NBA
Constitution Review Committee for submission of memoranda on
further amendments to the provisions of the NBA Constitution 2015
(as amended). As a major stakeholder in the process, having
contested the 2016 NBA National Officers’ election, this memorandum
is my modest contribution to this genuine reform process. In the
light of the foregoing; I hereby recommend some Constitutional
amendments and other proposed reforms outlined hereunder for
consideration by the Committee in line with your terms of
reference.

2.0 YOUNG LAWYERS’ REPRESENTATION AT NEC:

2.1 It is my view that young lawyers ought to have
constitutional representatives at the NEC meetings in order for
them to feel a sense of responsibility and belonging in this noble
profession and for them to realize that their interests are being
protected. Section 7 (1) only provides for National Officers, All
past Presidents and General secretaries, all chairmen and
secretaries or registered branches, one other representative of
each branch, chairmen and secretaries of sections and other
deserving members of the Association which include Senior Advocates
of Nigeria, senior members who are over 25 years post-call and
special interest groups/active members who are over 10 years
post-call.

2.2 It is my humble recommendation that the affairs of young
lawyers can be statutorily represented at the NEC meetings by
amendment of Section 7 (1) by the introduction of a new Section 7
(1) (f) to specifically list at least the Chairman of Young
Lawyers’ Forum as statutory member of NEC. The current 7 (1) (f)
can now be the new Section 7 (1) (g).

3.0 YOUNG LAWYERS’ MEMBERSHIPS AT STANDING
COMMITTEES

3.1 By the interpretation of Section 12 (3) (b) under the
membership of standing committees and Section 10 (10) of the third
schedule of the Constitution, it states that the Chairman of each
committee shall be a member of not less than 10 years post-call
while the Secretary shall be a member of not less than 5 years
post-call. There is no explicit involvement of young lawyers in the
make-up and representation of the members in the standing
committees.

3.2 It is my view that Young Lawyers can be statutorily
represented in these committees by drafting them in various
committees and thereby making sure that they are actively involved
in the affairs of the NBA. Therefore there can be new Sections 12
(3) (c) & Section 10 (10) (c) of the third schedule of the
Constitution which explicitly mention the
involvement/representation of young lawyers from 0- 7 years post
call in various standing committees. The current Sections 12 (3)
(d) can now be 12 (3) (e) and Section 10 (10) (f) of the third
schedule of the Constitution be changed to Section 10 (10) (g).

4.0 VOTING METHOD UNDER THE NBA
CONSTITUTION:

4.1 It is my humble but firm personal view that the electronic
voting envisaged in the Nigerian Bar Association (NBA) Constitution
is voting without the use of internet. Indeed, the universal
suffrage stipulated by NBA Constitution is a welcome development
and can be achieved transparently with strict adherence to
electronic voting. This view is fortified by the express provision
of section 9(4) of the Nigerian Bar Association Constitution which
states thus:

“Section 9(4) – Election into National Offices shall be by
universal suffrage and electronic voting as set out in Second
Schedule.”(Emphasis ours)
Paragraph 2.4(a) of the said Second Schedule of the NBA
Constitution provides that;
“Voting at the election shall be by electronic means
(E-voting).”(Emphasis mine)

4.2 The true intention of the Constitution, I humbly submit, for
conduct of elections electronically without the use of the internet
can further be discerned from paragraph 2.4 (c) of the second
schedule which provides for verification of voters, place, time and
platform to be utilized for electronic voting for each particular
election year taking into consideration the state of available
technology and information technology infrastructure of the
branches in order to afford all registered voters the opportunity
to vote.

4.3 Voting over the internet has proven to be non-transparent
and problematic which has led to the challenge in Court of the
outcome of the 2016 and 2018 NBA elections conducted using internet
voting. The system of voting over the internet is highly
susceptible to manipulations and experience has also shown that
genuine cases of disenfranchisement of eligible voters keep
recurring. Recall that the NBA President, Mr. Olumide Akpata,
expressed initial concerns over the 2020 electoral process shortly
before the election while Mr. Dele Adesina, SAN who was a
Presidential contestant at the said election rejected the outcome
of the election which rejection almost tore the Bar apart but for
the intervention of eminent members of our noble profession. This
dissatisfaction was a result of some of the inevitable challenges
associated with internet voting.

4.4 As stated earlier, the electronic voting envisaged under the
NBA Constitution is different from internet voting which was used
to conduct the 2016, 2018 and 2020 NBA National Officers’ election
as a result of the misinterpretation of the relevant sections.
Internet by definition is a global computer network providing a
variety of information and communication facilities, consisting of
interconnected networks using standardized communication protocols.
Electronic, on the other hand, can be said to be a device having or
operating with components such as microchips and transistors that
control and direct electric currents.

4.5 It is clear that while internet voting requires the use of
electronics, electronic voting does not require the use of
internet. I-voting (which has been used over time by NBA at the
National level) relies totally on the use of the internet, whereas
E-voting, envisaged under the NBA Constitution, does not require
the internet. E-voting envisages a situation where all the branches
of the NBA at their respective election centers and in the presence
of the monitoring agents of the various candidates, will use
dedicated computers or electronic voting machines to cast their
votes.

4.6 Electronic voting will entail voting at all the branches of
the NBA at their respective election centers and in the presence of
the agents of the various candidates, through the use of dedicated
computers or electronic voting machines for members to cast their
votes. Upon casting of votes, there could be a paper backup to
enhance the accountability, transparency and auditability of the
election. Significantly, all these are not obtainable with internet
voting. This electronic system has been adopted and used in the
past by the NBA Abuja branch for its branch elections.

5.0 POSSIBLE AMENDMENT OF NBA CONSTITUTION:

5.1 Although it is my interpretation that the NBA Constitution
envisages electronic voting (without use of internet), we can still
continue with internet voting considering that it is more
convenient and in line with the global trend. For these reasons, I
will also be inclined towards internet voting provided that the
vote of each voter is revealed instantly to show who the voter
casts his ballot for. After all, we are all members of the same
professional family of lawyers. Indeed, this will make the system
more transparent and any result that it produces will be generally
acceptable by the majority. In that case, it would be ideal to
amend section 9(4) of the NBA Constitution and paragraph 2.4 of the
schedule to eliminate any ambiguity and to bring it in line with
the adopted electronic voting system.

6.0 OPEN BALLOT SYSTEM:

6.1 As stated earlier, if internet voting is to be adopted for
future elections which appears to be the preference due to
convenience and the fact that it is in line with the global trend,
it will therefore be my strong recommendation that there should be
full real-time disclosure of the names of voters and who they cast
their votes for. This is akin to the Option A4 voting system in
conventional elections. Display of the votes as they are being
cast, showing the choice of voters, will indeed enhance
accountability and transparency of the process.

6.2 I understand that some persons may prefer that their votes
remain anonymous, if this is the position adopted by the NBA, then
the choice of the voters may be kept hidden whilst the real-time
tally is revealed to everyone. Furthermore, there should be a
hidden trail to show who a voter opted for which would only be
revealed in the instance of a dispute as to the result or
credibility of the election.

7.0 EARLY SET-UP OF ELECTORAL COMMITTEE:

7.1 The responsibility of conducting the Nigerian Bar
Association (NBA) National Officers’ election rests squarely with
the Electoral Committee of the Nigerian Bar Association (ECNBA). It
is my fervent recommendation that this important committee should
be set up early enough to begin preparations for the election in
every election year in good time. Since the deadline for payment of
Bar Practicing Fees is end of March in every given year, we should
consider setting up the ECNBA in April so that they can commence
work in good time and possibly release guidelines in May of the
election year. This will go a long way in ensuring that adequate
preparations are made in advance for every NBA elections.

8.0 INVOLVEMENT OF SITTING NBA PRESIDENT IN THE
PROCESS:

8.1 Another issue that has to be addressed frontally is the
involvement of the sitting NBA President and indeed the sitting NBA
EXCO in the election process which sometimes confers an undue
advantage on any candidate ‘anointed’ by the incumbent NBA
President. In 2016, the then incumbent President was openly
partisan and he engaged in open campaigns and endorsements of my
opponent at that time and these contributed to the absence of a
level playing field for all candidates in that election. Another
worrisome trend is the appointment of all ECNBA Chairmen from the
zone of the sitting President. In 2016, Mr. Ken Mozia, SAN who is
from the same zone with the then sitting President – Mr. Augustine
Alegeh, SAN was the ECNBA Chairman. In 2018, Prof. Auwalu Yadudu
was the ECNBA Chairman and was from the same zone as the then NBA
President, Mr. A. B. Mahmoud, SAN. In 2020, Mr. Tawo Tawo, SAN from
the same zone with the then NBA President, Mr. Paul Usoro, SAN, was
appointed as the ECNBA Chairman. No doubt, all three former NBA
Presidents did their best to uplift the Bar during their tenure and
all the ECNBA Chairmen appointed during their respective regimes
are respectable and reputable senior members of the Bar, but that
is not the issue. The issue here is the perception of the majority
of members of the Bar. Could this be a coincidence or a deliberate
ploy, as assumed by many, to ensure that only those supposedly very
close to the NBA President are appointed as ECNBA Chairman? I
believe that deliberate efforts should be made to discourage a
pattern whereby only someone from the same zone with the sitting
NBA President is appointed as ECNBA Chairman. No doubt, this will
go a long way in building confidence in the process. By all means,
the ECNBA should be able to maintain sufficient independence from
the NBA leadership, particularly the President.

9.0 REAL TIME MONITORING OF VOTES & AUTOMATIC COLLATION
OF RESULTS

9.1 The votes as they are being cast should be displayed real
time in a transparent manner accessible to all members of the
Association. Collation of votes should also be automatic after the
last ballot is cast unlike what we had in 2016 when there was a
delay of over one hour and twenty minutes before releasing the
results on the display screen after the close of polls at 12
midnight on Sunday, 31st July 2016.

10.0 DUE PROCESS FOR ENGAGEMENT OF INFORMATION
TECHNOLOGY SERVICE PROVIDER

10.1 For future elections, there should be clear yardsticks,
objective basis and/or set parameters for engagement of any IT
service provider that will provide any IT infrastructure and/or
support for the NBA elections. Mechanisms must be put in place to
ensure that only qualified, experienced and competent IT Companies
without interest in the outcome of the election are engaged. Due
diligence must be conducted on any prospective IT Company before
engagement. As I stated earlier in an interview, it should be a
Company that has no real interest in who emerges as winners of the
election other than a reflection of the wishes of the majority of
members of the Bar. Importantly, the selection and/or appointment
of IT Company should not be done or influenced by the NBA
President; rather it should be done independently by the ECNBA with
the active involvement of the candidates (especially the
Presidential candidates). Candidates should also be allowed to
audit the infrastructures of the IT Company before it deploys its
facilities.

11.0 SEAMLESS VOTER REGISTRATION PROCESS

11.1 Voter registration is an integral aspect of any election.
It is a pre-condition for voting in NBA election as stipulated in
paragraph 2.2(f) of the second schedule to the NBA Constitution.
The NBA electoral process should be configured in such a way that
all eligible voters, who have paid their Bar Practicing Fees (BPF)
by 31st March of every given year, are allowed and given the
opportunity to vote seamlessly for candidates of their choice. The
list of financially up-to-date members should be automatically
collated and made public shortly after the deadline for payment of
BPF. In the past, there have been genuine and verified complaints
of the inability of some of our eligible members to register for
the voting process. To my mind, the registration process should be
stress-free and transparent without any impediments.

11.2 Another pre-condition for voting in the NBA election as
stipulated in paragraph 2.3 (d) of the second schedule to the NBA
Constitution is that the full list of all legal practitioners
qualified to vote shall be published at least 28 days before the
date of the election. This provision can be reviewed and the time
frame changed to at least 60 days to enable those whose names may
have been inadvertently left out of the register to have ample time
for same to be rectified. This would solve the issue of eligible
voters claiming that they have been disenfranchised. It would be
ideal to create a longer time between publication of the names and
the date of the election given what had transpired in the past
elections.

12.0 INVOLVEMENT OF NBA SECRETARIAT IN THE
PROCESS

12.1 The NBA Constitution currently vests the responsibility of
conducting National Officers’ elections on the ECNBA. However,
there is still some level of involvement of the NBA National
Secretariat in the process and since the secretariat is also manned
by NBA Staff (some of whom are lawyers), the issue of partisanship
cannot be overruled. See paragraph 2.3 (d) of the second schedule
to the Constitution which gives the National Secretariat the
responsibility, in conjunction with the ECNBA, to publish the full
list of all eligible legal practitioners. This committee should
consider a mechanism or system that will result in reduced
involvement of the NBA Secretariat in the system. Currently,
paragraph 2.1 (d) of the second schedule to the NBA Constitution
provides that completed forms received in respect of the elections
shall be forwarded to the NBA Secretariat and thereafter referred
to the Electoral Committee. To reduce and/or check any possible
interference by the NBA Secretariat, it is desirable to amend the
referenced provision to constitutionally allow completed forms to
be submitted directly to the ECNBA. Furthermore, the feasibility of
the ECNBA liaising directly with the NBA Branches for data should
also be looked into. In conclusion, there must be a level playing
field in any NBA elections and all candidates must be given access
to interrogate every stage of the electoral process. It should be a
fair contest.

13.0 CONCLUSION
13.1 The urgent need for the reform of the NBA electoral system
cannot be overemphasized. It is indeed a collective responsibility
of all of us to meaningfully & timely contribute to this electoral
reform process in our little way. It is my fervent hope, genuine
desire and humble prayer that these proposals will be duly
considered in the overall interest of the entire Bar and towards
minimizing the spate of disputes arising from future NBA elections
so that together we can earn our deserved respect in the eyes of
Nigerian politicians and Nigerians generally.

*Suggests Early Setting Up Of Electoral Committee
*Suggests Adoption Of E-Voting At All NBA Branches

Joe-Kyari Gadzama, SAN (Chairman, Mentorship Committee of the
Body of Benchers) in response to the clarion call of the Nigerian
Bar Association (NBA) Review Committee for submission of memoranda
on further amendments to the provisions of the NBA Constitution
2015 (as amended), has recommended some Constitutional amendments
and other proposed reforms to the Committee for consideration.

The Learned Silk recommended to the committee, to specifically
list the representative of Young Lawyers (encapsulating lawyers
from 0 – 7 years post- call) as a statutory member of NEC. He
further recommended the intrinsic infusion of Young Lawyers in
Standing Committees.

In view of addressing loopholes in the Constitution regarding
the elections, the Learned Silk suggested the use of e-voting at
the various branches of the NBA on dedicated computer systems with
real time monitoring of votes as well as automatic collation of
results in the presence of monitoring agents to curb susceptibility
of hacking and data infringement and ensure transparency as well as
auditability. An open ballot system was proffered by the Silk to be
adopted to ensure that voters and their votes will be votes will be
evidenced to avoid hijacking of voters’ slots. The need for due
process in the engagement of Information Technology or Service
Providers was not left out in the registration of voters to
achieving a free, fair, glitch-free, seamless election. Thus, the
very need for publication of all legible voters (lawyers who have
paid their practice-fee by 31st March) was proffered by the
Silk.

An early set-up of the Electoral Committee was stressed by the
Silk for adequate preparation for the elections. The Silk
emphasised on the need to reduce the involvement of the NBA
President in the process. He expressed his growing concern in the
way and manner the appointment of the Chairman of the ECNBA has
been done in time past till date, trailing the occupation of the
office by persons from the same zone as the NBA President. He also
stressed that a deviation from the track of stereotypical
appointment would encourage members of the Bar to see credence in
its process. The involvement of the NBA Secretariat was also
addressed in the contribution of the Learned Silk to the amendment
as he suggested the need to reduce and check the interference of
the Secretariat.

Joe-Kyari Gadzama, SAN who had acted as: the Pioneer Chairman,
NBA – SPIDEL; Vice Chairman, NBA – SLP; Council Member, NBA – SBL &
Chairman, NBA Abuja Branch, emphasized on the collective duty of
all members of the Bar to ensure the reformation of the electoral
system as same portrays the sanctity and enviable reputation
attributed to the profession.

BELOW READ THE MEMORANDUM TO THE NIGERIAN BAR
ASSOCIATION (NBA) CONSTITUTION REVIEW COMMITTEE BY JOE-KYARI
GADZAMA, OFR, MFR, SAN, FNIALS, FICMC, FCIArb, Chartered
Arbitrator. Chairman, Mentorship Committee of the Body of
Benchers

Formerly: Pioneer Chairman, NBA – SPIDEL; Vice Chairman, NBA
– SLP; Council Member, NBA – SBL & Chairman, NBA Abuja
Branch.

1.0 INTRODUCTION:

1.1 This memorandum is in response to the call by the NBA
Constitution Review Committee for submission of memoranda on
further amendments to the provisions of the NBA Constitution 2015
(as amended). As a major stakeholder in the process, having
contested the 2016 NBA National Officers’ election, this memorandum
is my modest contribution to this genuine reform process. In the
light of the foregoing; I hereby recommend some Constitutional
amendments and other proposed reforms outlined hereunder for
consideration by the Committee in line with your terms of
reference.

2.0 YOUNG LAWYERS’ REPRESENTATION AT NEC:

2.1 It is my view that young lawyers ought to have
constitutional representatives at the NEC meetings in order for
them to feel a sense of responsibility and belonging in this noble
profession and for them to realize that their interests are being
protected. Section 7 (1) only provides for National Officers, All
past Presidents and General secretaries, all chairmen and
secretaries or registered branches, one other representative of
each branch, chairmen and secretaries of sections and other
deserving members of the Association which include Senior Advocates
of Nigeria, senior members who are over 25 years post-call and
special interest groups/active members who are over 10 years
post-call.

2.2 It is my humble recommendation that the affairs of young
lawyers can be statutorily represented at the NEC meetings by
amendment of Section 7 (1) by the introduction of a new Section 7
(1) (f) to specifically list at least the Chairman of Young
Lawyers’ Forum as statutory member of NEC. The current 7 (1) (f)
can now be the new Section 7 (1) (g).

3.0 YOUNG LAWYERS’ MEMBERSHIPS AT STANDING
COMMITTEES

3.1 By the interpretation of Section 12 (3) (b) under the
membership of standing committees and Section 10 (10) of the third
schedule of the Constitution, it states that the Chairman of each
committee shall be a member of not less than 10 years post-call
while the Secretary shall be a member of not less than 5 years
post-call. There is no explicit involvement of young lawyers in the
make-up and representation of the members in the standing
committees.

3.2 It is my view that Young Lawyers can be statutorily
represented in these committees by drafting them in various
committees and thereby making sure that they are actively involved
in the affairs of the NBA. Therefore there can be new Sections 12
(3) (c) & Section 10 (10) (c) of the third schedule of the
Constitution which explicitly mention the
involvement/representation of young lawyers from 0- 7 years post
call in various standing committees. The current Sections 12 (3)
(d) can now be 12 (3) (e) and Section 10 (10) (f) of the third
schedule of the Constitution be changed to Section 10 (10) (g).

4.0 VOTING METHOD UNDER THE NBA
CONSTITUTION:

4.1 It is my humble but firm personal view that the electronic
voting envisaged in the Nigerian Bar Association (NBA) Constitution
is voting without the use of internet. Indeed, the universal
suffrage stipulated by NBA Constitution is a welcome development
and can be achieved transparently with strict adherence to
electronic voting. This view is fortified by the express provision
of section 9(4) of the Nigerian Bar Association Constitution which
states thus:

“Section 9(4) – Election into National Offices shall be by
universal suffrage and electronic voting as set out in Second
Schedule.”(Emphasis ours)
Paragraph 2.4(a) of the said Second Schedule of the NBA
Constitution provides that;
“Voting at the election shall be by electronic means
(E-voting).”(Emphasis mine)

4.2 The true intention of the Constitution, I humbly submit, for
conduct of elections electronically without the use of the internet
can further be discerned from paragraph 2.4 (c) of the second
schedule which provides for verification of voters, place, time and
platform to be utilized for electronic voting for each particular
election year taking into consideration the state of available
technology and information technology infrastructure of the
branches in order to afford all registered voters the opportunity
to vote.

4.3 Voting over the internet has proven to be non-transparent
and problematic which has led to the challenge in Court of the
outcome of the 2016 and 2018 NBA elections conducted using internet
voting. The system of voting over the internet is highly
susceptible to manipulations and experience has also shown that
genuine cases of disenfranchisement of eligible voters keep
recurring. Recall that the NBA President, Mr. Olumide Akpata,
expressed initial concerns over the 2020 electoral process shortly
before the election while Mr. Dele Adesina, SAN who was a
Presidential contestant at the said election rejected the outcome
of the election which rejection almost tore the Bar apart but for
the intervention of eminent members of our noble profession. This
dissatisfaction was a result of some of the inevitable challenges
associated with internet voting.

4.4 As stated earlier, the electronic voting envisaged under the
NBA Constitution is different from internet voting which was used
to conduct the 2016, 2018 and 2020 NBA National Officers’ election
as a result of the misinterpretation of the relevant sections.
Internet by definition is a global computer network providing a
variety of information and communication facilities, consisting of
interconnected networks using standardized communication protocols.
Electronic, on the other hand, can be said to be a device having or
operating with components such as microchips and transistors that
control and direct electric currents.

4.5 It is clear that while internet voting requires the use of
electronics, electronic voting does not require the use of
internet. I-voting (which has been used over time by NBA at the
National level) relies totally on the use of the internet, whereas
E-voting, envisaged under the NBA Constitution, does not require
the internet. E-voting envisages a situation where all the branches
of the NBA at their respective election centers and in the presence
of the monitoring agents of the various candidates, will use
dedicated computers or electronic voting machines to cast their
votes.

4.6 Electronic voting will entail voting at all the branches of
the NBA at their respective election centers and in the presence of
the agents of the various candidates, through the use of dedicated
computers or electronic voting machines for members to cast their
votes. Upon casting of votes, there could be a paper backup to
enhance the accountability, transparency and auditability of the
election. Significantly, all these are not obtainable with internet
voting. This electronic system has been adopted and used in the
past by the NBA Abuja branch for its branch elections.

5.0 POSSIBLE AMENDMENT OF NBA CONSTITUTION:

5.1 Although it is my interpretation that the NBA Constitution
envisages electronic voting (without use of internet), we can still
continue with internet voting considering that it is more
convenient and in line with the global trend. For these reasons, I
will also be inclined towards internet voting provided that the
vote of each voter is revealed instantly to show who the voter
casts his ballot for. After all, we are all members of the same
professional family of lawyers. Indeed, this will make the system
more transparent and any result that it produces will be generally
acceptable by the majority. In that case, it would be ideal to
amend section 9(4) of the NBA Constitution and paragraph 2.4 of the
schedule to eliminate any ambiguity and to bring it in line with
the adopted electronic voting system.

6.0 OPEN BALLOT SYSTEM:

6.1 As stated earlier, if internet voting is to be adopted for
future elections which appears to be the preference due to
convenience and the fact that it is in line with the global trend,
it will therefore be my strong recommendation that there should be
full real-time disclosure of the names of voters and who they cast
their votes for. This is akin to the Option A4 voting system in
conventional elections. Display of the votes as they are being
cast, showing the choice of voters, will indeed enhance
accountability and transparency of the process.

6.2 I understand that some persons may prefer that their votes
remain anonymous, if this is the position adopted by the NBA, then
the choice of the voters may be kept hidden whilst the real-time
tally is revealed to everyone. Furthermore, there should be a
hidden trail to show who a voter opted for which would only be
revealed in the instance of a dispute as to the result or
credibility of the election.

7.0 EARLY SET-UP OF ELECTORAL COMMITTEE:

7.1 The responsibility of conducting the Nigerian Bar
Association (NBA) National Officers’ election rests squarely with
the Electoral Committee of the Nigerian Bar Association (ECNBA). It
is my fervent recommendation that this important committee should
be set up early enough to begin preparations for the election in
every election year in good time. Since the deadline for payment of
Bar Practicing Fees is end of March in every given year, we should
consider setting up the ECNBA in April so that they can commence
work in good time and possibly release guidelines in May of the
election year. This will go a long way in ensuring that adequate
preparations are made in advance for every NBA elections.

8.0 INVOLVEMENT OF SITTING NBA PRESIDENT IN THE
PROCESS:

8.1 Another issue that has to be addressed frontally is the
involvement of the sitting NBA President and indeed the sitting NBA
EXCO in the election process which sometimes confers an undue
advantage on any candidate ‘anointed’ by the incumbent NBA
President. In 2016, the then incumbent President was openly
partisan and he engaged in open campaigns and endorsements of my
opponent at that time and these contributed to the absence of a
level playing field for all candidates in that election. Another
worrisome trend is the appointment of all ECNBA Chairmen from the
zone of the sitting President. In 2016, Mr. Ken Mozia, SAN who is
from the same zone with the then sitting President – Mr. Augustine
Alegeh, SAN was the ECNBA Chairman. In 2018, Prof. Auwalu Yadudu
was the ECNBA Chairman and was from the same zone as the then NBA
President, Mr. A. B. Mahmoud, SAN. In 2020, Mr. Tawo Tawo, SAN from
the same zone with the then NBA President, Mr. Paul Usoro, SAN, was
appointed as the ECNBA Chairman. No doubt, all three former NBA
Presidents did their best to uplift the Bar during their tenure and
all the ECNBA Chairmen appointed during their respective regimes
are respectable and reputable senior members of the Bar, but that
is not the issue. The issue here is the perception of the majority
of members of the Bar. Could this be a coincidence or a deliberate
ploy, as assumed by many, to ensure that only those supposedly very
close to the NBA President are appointed as ECNBA Chairman? I
believe that deliberate efforts should be made to discourage a
pattern whereby only someone from the same zone with the sitting
NBA President is appointed as ECNBA Chairman. No doubt, this will
go a long way in building confidence in the process. By all means,
the ECNBA should be able to maintain sufficient independence from
the NBA leadership, particularly the President.

9.0 REAL TIME MONITORING OF VOTES & AUTOMATIC COLLATION
OF RESULTS

9.1 The votes as they are being cast should be displayed real
time in a transparent manner accessible to all members of the
Association. Collation of votes should also be automatic after the
last ballot is cast unlike what we had in 2016 when there was a
delay of over one hour and twenty minutes before releasing the
results on the display screen after the close of polls at 12
midnight on Sunday, 31st July 2016.

10.0 DUE PROCESS FOR ENGAGEMENT OF INFORMATION
TECHNOLOGY SERVICE PROVIDER

10.1 For future elections, there should be clear yardsticks,
objective basis and/or set parameters for engagement of any IT
service provider that will provide any IT infrastructure and/or
support for the NBA elections. Mechanisms must be put in place to
ensure that only qualified, experienced and competent IT Companies
without interest in the outcome of the election are engaged. Due
diligence must be conducted on any prospective IT Company before
engagement. As I stated earlier in an interview, it should be a
Company that has no real interest in who emerges as winners of the
election other than a reflection of the wishes of the majority of
members of the Bar. Importantly, the selection and/or appointment
of IT Company should not be done or influenced by the NBA
President; rather it should be done independently by the ECNBA with
the active involvement of the candidates (especially the
Presidential candidates). Candidates should also be allowed to
audit the infrastructures of the IT Company before it deploys its
facilities.

11.0 SEAMLESS VOTER REGISTRATION PROCESS

11.1 Voter registration is an integral aspect of any election.
It is a pre-condition for voting in NBA election as stipulated in
paragraph 2.2(f) of the second schedule to the NBA Constitution.
The NBA electoral process should be configured in such a way that
all eligible voters, who have paid their Bar Practicing Fees (BPF)
by 31st March of every given year, are allowed and given the
opportunity to vote seamlessly for candidates of their choice. The
list of financially up-to-date members should be automatically
collated and made public shortly after the deadline for payment of
BPF. In the past, there have been genuine and verified complaints
of the inability of some of our eligible members to register for
the voting process. To my mind, the registration process should be
stress-free and transparent without any impediments.

11.2 Another pre-condition for voting in the NBA election as
stipulated in paragraph 2.3 (d) of the second schedule to the NBA
Constitution is that the full list of all legal practitioners
qualified to vote shall be published at least 28 days before the
date of the election. This provision can be reviewed and the time
frame changed to at least 60 days to enable those whose names may
have been inadvertently left out of the register to have ample time
for same to be rectified. This would solve the issue of eligible
voters claiming that they have been disenfranchised. It would be
ideal to create a longer time between publication of the names and
the date of the election given what had transpired in the past
elections.

12.0 INVOLVEMENT OF NBA SECRETARIAT IN THE
PROCESS

12.1 The NBA Constitution currently vests the responsibility of
conducting National Officers’ elections on the ECNBA. However,
there is still some level of involvement of the NBA National
Secretariat in the process and since the secretariat is also manned
by NBA Staff (some of whom are lawyers), the issue of partisanship
cannot be overruled. See paragraph 2.3 (d) of the second schedule
to the Constitution which gives the National Secretariat the
responsibility, in conjunction with the ECNBA, to publish the full
list of all eligible legal practitioners. This committee should
consider a mechanism or system that will result in reduced
involvement of the NBA Secretariat in the system. Currently,
paragraph 2.1 (d) of the second schedule to the NBA Constitution
provides that completed forms received in respect of the elections
shall be forwarded to the NBA Secretariat and thereafter referred
to the Electoral Committee. To reduce and/or check any possible
interference by the NBA Secretariat, it is desirable to amend the
referenced provision to constitutionally allow completed forms to
be submitted directly to the ECNBA. Furthermore, the feasibility of
the ECNBA liaising directly with the NBA Branches for data should
also be looked into. In conclusion, there must be a level playing
field in any NBA elections and all candidates must be given access
to interrogate every stage of the electoral process. It should be a
fair contest.

13.0 CONCLUSION
13.1 The urgent need for the reform of the NBA electoral system
cannot be overemphasized. It is indeed a collective responsibility
of all of us to meaningfully & timely contribute to this electoral
reform process in our little way. It is my fervent hope, genuine
desire and humble prayer that these proposals will be duly
considered in the overall interest of the entire Bar and towards
minimizing the spate of disputes arising from future NBA elections
so that together we can earn our deserved respect in the eyes of
Nigerian politicians and Nigerians generally.