Legal Updates

Addressing Allegations and Clarifying Roles: Analysis of the 3rd Vice President’s Concerns in the NBA (PART 2)

Published

8 months ago

September 15, 2023

Stella Charles Akupue

In this second part of our analysis, we continue to delve into the concerns raised by the 3rd Vice President of the Nigerian Bar Association (NBA) and provide a comprehensive perspective on each issue:

4. The President’s Refusal to Include Her in Any Committee

The contention here centres on whether the President must appoint the 3rd Vice President to any committee. The answer, as per the NBA Constitution, is in the negative. The 3rd Vice President’s primary roles are within the National Executive Committee and the National Executive Council. These positions are statutory, not appointive.

Appointment to committees is not a right of the 3rd Vice President, and demanding such appointments can’t be justified. The NBA Constitution assigns specific duties to each official, and it’s not within the 3rd Vice President’s rights to insist on the President’s assignment of tasks to her. Also Read: https://legalattorneyblog.com/2023/09/14/navigating-office-dynamics-and-funding-dilemmas-in-the-nba-a-deeper-look/

Given their strained relationship, the President’s reluctance to exercise discretion in her favour is understandable. As per the NBA Constitution, the 3rd Vice President should be content with the President and National Secretary’s membership in most committees.

5. Failure to Appoint Her as a Member of the Conference Planning Committee

The assertion that the President single-handedly planned the 2023 Annual General Conference is debunked, as the Conference Planning Committee operates independently. The 3rd Vice President and other National Executive Committee members have no statutory role in its planning; this falls under the jurisdiction of the National Executive Council and the President.

6. The Demand to Share Donations

The 3rd Vice President’s silence regarding the President’s claim of her involvement in a demand to share a donation to the Association raises concerns. Her rebuttal only consisted of challenging the President to provide strict proof, which is insufficient. Read Also: https://legalattorneyblog.com/2023/09/22/the-nba-president-clears-the-air-on-the-treasurers-refusal-to-sign-the-financial-reports-at-the-agm-2023/

Press releases and statements from other Officers suggest that such a meeting occurred, corroborating the President’s account. This casts doubt on the 3rd Vice President’s denial and indicates an attempt to appropriate Association funds.

7. Demand for Refund of Expenses

The 3rd Vice President’s denial of incurring significant expenses during her trip to Ekiti, Ondo, and Osun, diverting attention from the specifics, raises questions. Clarity regarding her costs during the trip is needed for a fair assessment.

8. Allegations of Secretly Sending Officers to India

The claim of the President secretly sending Officers to India is refuted, as this was openly reported during a National Executive Council Meeting attended by the 3rd Vice President. Also Read: https://legalattorneyblog.com/2023/09/11/the-nba-president-refutes-the-allegation-from-some-of-his-national-officers/

In conclusion, the conduct of the 3rd Vice President may contravene Section 20 of the NBA Constitution in several ways, such as disrupting the Annual General Meeting, using derogatory language, and attempting to overthrow the President’s office. Without a written apology, it is recommended that the National Executive Council consider invoking Section 20 against her.

As we approach NBA elections, aspiring candidates are encouraged to study the NBA Constitution and understand the responsibilities of the office they seek. The days of viewing the Association’s office as an opportunity for personal gain should be consigned to history.

Godwin Madubuko Esq.,

Private Legal Practitioner

Nigerian Bar Association, NBA, 3rd Vice President, President, Allegations, Allegations, Responsibilities, Committee Appointments, Annual General Conference, Donations, Expenses, NBA Constitution, National Executive Council, National Executive Committee, Dispute, Clarification.