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GUIDELINE (NO. A) FOR THE 2024 ELECTIONS OF NATIONAL OFFICERS OF THE NBA AND REPRESENTATIVES TO THE GENERAL COUNCIL OF THE BAR

ELECTORAL COMMITTEE OF THE NIGERIAN BAR ASSOCIATION.
ECNBA Secretariat, NBA House, 24, Oro Ago Street Garki, Abuja.
www.ecnba.org, info@ecnba.org
ECNBA NOTICE NO. 3

Published

2 months ago

March 11, 2024

Stella Charles Akupue

GUIDELINE (NO. A) FOR THE 2024 ELECTIONS OF NATIONAL OFFICERS OF THE NBA AND REPRESENTATIVES TO THE GENERAL COUNCIL OF THE BAR

1.0 MANDATE OF THE ECNBA

The ECNBA is mandated to conduct elections to National Offices and election for Representatives of the NBA in the General Council of the Bar by the provisions of Section 10 andtheSecond Schedule of the NBA Constitution 2015 as amended in 2021 (the Constitution).

Consequently, in accordance with Section 10 and the Second Schedule of the Constitution, the ECNBA hereby issues the following Rules and Guidelines to govern the conduct of the 2024 elections to National Offices and for Representatives of the NBA in the General Council of the Bar.

OFFICES TO BE CONTESTED FOR IN THE ELECTIONS OF NATIONAL OFFICERS OF THE NBA AND REPRESENTATIVES OF THE NBA TO THE GENERAL COUNCIL OF THE BAR
- As specified in the Preliminary Notice of Elections dated 1^st March 2024 issued by the ECNBA (ECNBA’s Preliminary Notice No. 2), the underlisted National Offices will be contested at the elections pursuant to Section 9 of the Constitution:

The President.
The First Vice-President.
The Second Vice-President.
The Third Vice-President.
The General Secretary.
The Assistant General Secretary.
The Treasurer.
The Welfare Secretary.
The Publicity Secretary.
The Assistant Publicity Secretary.

The twenty (20) members representing the NBA in the General Council of the Bar shall be elected for a term of two (2) years and shall only be eligible for re-election for another term of two (2) years, provided that at least seven (7) of them shall be members of not less than ten (10) years post-call, pursuant to Section 10 (7) of the Constitution.
ZONING OF OFFICES
- ECNBA Notice No. 2 sets out the zoning prescription for the purpose of election of National Officers for the 2024 elections in accordance with the provisions of Part IV(1), (2), (3), (4) and (5), Second Schedule of the Constitution. The same is reproduced below:

S/N	OFFICE	ZONE
1	President	Eastern Zone
2	First Vice-President	Eastern Zone
3	Second Vice-President	Western Zone
4	Third Vice-President	Northern Zone
5	General Secretary	Northern Zone
6	Assistant General Secretary	Not Zoned
7	Treasurer	Not Zoned
8	Welfare Secretary	Not Zoned
9	Publicity Secretary	Not Zoned
10	Assistant Publicity Secretary	Not Zoned

For the election of NBA Representatives to the General Council of the Bar, the zoning principle prescribed in Part V (2), Second Schedule of the Constitution shall apply as follows:

S/N	Zone	Number of Representatives
1	Northern Zone	Not less than 6
2	Eastern Zone	Not less than 6
3	Western Zone	Not less than 6

The States comprising the respective Zones specified in Part IV (1), (5) (a), (b) and (c), Second Schedule of the Constitution are as follows:

Northern Zone: Adamawa, Bauchi, Benue, Borno, Gombe, Jigawa, Kaduna, Kano, Katsina, Kebbi, Kogi, Kwara, Nasarawa, Niger, Plateau, Sokoto, Taraba, Yobe, Zamfara and FCT-Abuja.
Eastern Zone: Abia, Akwa Ibom, Anambra, Bayelsa, Cross River, Ebonyi, Enugu, Imo, and Rivers State.

Western Zone: Delta, Edo, Ekiti, Lagos, Ogun, Ondo, Osun, and Oyo.

The remaining two (2) NBA Representatives to be elected to the General Council of the Bar shall be the two (2) candidates with the highest number of votes from two (2) of the three (3) geographical zones after the election of the eighteen (18) NBA Representatives to the General Council of the Bar in accordance with Part V (2), Second Schedule of the Constitution.

4.0 ELECTION DATE

The 2024 elections of National Officers of the NBA and NBA Representatives to the General Council of the Bar shall be by universal suffrage and electronic voting, in accordance with Section 10(6) of the Constitution commencing from 00:00 hours to 23:59 hours on Saturday, 20^th July 2024.

5.0 QUALIFICATIONS TO HOLD NATIONAL OFFICE

By virtue of Section 9(3) of the Constitution, a member of the Association shall be qualified to hold a National Office if he/she:

Is a full member of the Association and has paid, as at the date of his/her nomination, his/her Practicing Fees, and Branch Dues, as and when due, for three (3) consecutive years inclusive of the year of election. Legible receipts/tellers must be submitted.

With respect to the offices of the President, 1^st Vice-President and General Secretary, is in private legal practice.

Has at any time prior to his/her nomination been a member of the National Executive Council or the Executive Committee of a Branch or Section or Forum as indicated hereunder:

for contestants for the offices of President, Vice-Presidents, and General Secretary – he/she shall have been a member of the National Executive Council for not less than two (2) years at the time of nomination.

for contestants for the offices of Treasurer, Publicity Secretary and Welfare Secretary – he/she shall have been a member of the National Executive Council or the Executive Committee of a Branch or Section or Forum for not less than two (2) years at the time of nomination.

for contestants for the offices of Assistant General Secretary and Assistant Publicity Secretary- he/she shall have been a member of the Executive Committee of a Branch or Section or Forum for not less than two (2) years, at the time of nomination.

Proof of such membership of the bodies stated in i, ii and iii above shall be submitted by contestants.

Has satisfied the post-call enrolment requirement specified hereunder:

President, First Vice-President, Second Vice-President, Third Vice-President, and General Secretary – not less than fifteen (15) years post-call.

Treasurer, Publicity Secretary, and Welfare Secretary – not less than ten (10) years post-call.

Assistant General Secretary and Assistant Publicity Secretary – not less than five (5) years post-call.

In reckoning years of post-call, a person shall be regarded as having attained a year post-call on each succeeding anniversary of his/her call to the Bar and not sooner.

The National Officers, and in particular, the President and the General Secretary, must be persons with proven integrity, administrative skills and experience, and with demonstrable capacity to serve without expecting or having consideration for pecuniary rewards and/or remuneration.

No serving President or other National Officer shall canvass or solicit for appointment in government; and if offered such appointment, must decline, otherwise, he/she shall be deemed guilty of professional misconduct, and shall not attend or speak at any meeting of the Association. Provided that the provisions of this sub-section shall not apply to members of the Association who are serving as representatives of the Association in any Commission, Agency or other Executive Bodies established under the Constitution of the Federal Republic of Nigeria as well as members serving as non-executive directors of Statutory Corporations and Government-owned Companies.

Pursuant to Part IV (10), Second Schedule of the Constitution, a candidate for any elective national office, shall be nominated or proposed in writing by a member and seconded by another, both of whom shall be qualified like the candidate in accordance with the provisions of the Constitution for the equivalent office, and shall have paid their Practicing Fees and Branch dues.

QUALIFICATIONS TO HOLD OFFICE AS NBA REPRESENTATIVE TO THE GENERAL COUNCIL OF THE BAR
- The Twenty (20) members representing the Association in the General Council of the Bar shall be elected for a term of two (2) years and shall only be eligible for re-election for another term of two (2) years. Provided that at least seven (7) of them shall be members of not less than ten (10) years post-call as specified in Section 10 (7) of the Constitution.

Pursuant to Part V(5), Second Schedule of the Constitution, a Candidate for election as Representative to the General Council of the Bar, shall be nominated or proposed in writing by a member and seconded by another, both of whom shall be qualified like the candidate in accordance with the provisions of the Constitution for the equivalent office, and shall have paid their Practicing Fees and Branch dues. Legible receipts/tellers must be submitted.

DISQUALIFICATION OF CANDIDATES TO HOLD OFFICE AS NATIONAL OFFICERS OR AS NBA REPRESENTATIVES TO THE GENERAL COUNCIL OF THE BAR
- Pursuant to Section 9(4) of the Constitution, a member shall not be qualified to hold any National Office in the Association if during election campaigns:

There is evidence that he/she is sponsored by or has received any financial assistance or inducement from any government of the Federation, public or private organizations or bodies corporate.

He/she sponsors or is associated with sponsoring a Newspaper or Magazine article or any electronic broadcast vilifying other Candidates or extolling a Candidate’s virtues.

Any member who has held an elective office as a National Officer for two (2) terms shall not be eligible to contest for a National Office until at least ten (10) years after his/her last term of office.

Part IV (12), (13), (14), (15) and Part V (8), (9), (10) and (11), Second Schedule of the Constitution prohibits the following:

The publication, printing or distribution of any campaign material, gifts, and any form of souvenir whatsoever by a candidate or his/her supporter(s) is hereby prohibited and any candidate who contravenes this provision shall be disqualified from being voted for. To this effect any legal practitioner in whose possession such campaign materials are found shall be cited to the appropriate authorities for misconduct and acts unbecoming of a legal practitioner.

Any form of donations and philanthropic gestures by Candidates seeking election into any National Office during the election year is hereby prohibited, and any Candidate who contravenes this provision shall be disqualified from being voted for in the election.
All Branches, Sections, and Fora are prohibited from soliciting contributions, donations or sponsorship from Candidates seeking election into any National Office during the election year. Any Officer of a Branch, Section or Fora whobreaches this provision shall be cited to the appropriate authorities for misconduct and acts unbecoming of a legal practitioner.

Any form of financial inducement including paying annual Practicing Fees or Branch dues for lawyers to curry favour from voters or for any reason whatsoever by Candidates and their supporters in the election year is hereby prohibited, and any Candidate who contravenes this provision shall be disqualified from being voted for in the election. To this effect any legal practitioner found to have breached this provisionshall be cited to the appropriate authorities for misconduct and acts unbecoming of a legal practitioner. PROVIDED that any such payment of Bar Practicing Fees and Branch dues by the Candidate for lawyers who are in his/her direct employment shall not be construed as financial inducement.

Pursuant to Part VIII of the Second Schedule of the Constitution, a member shall not be eligible for election as a National Officer or Representative to the General Council of the Bar if he/she:

Is not a Nigerian Citizen;
Is a member of a political party in Nigeria;
Has been adjudged bankrupt or has made a compromise or arrangement with his creditors;
Is adjudged mentally unfit to take up the position by a competent medical authority;
Has been convicted of a crime by a court of competent jurisdiction or has been found guilty of misconduct or professional impropriety by the Legal Practitioners Disciplinary Committee.

8.0 NOMINATION OF CANDIDATES FOR ELECTION OF NATIONAL OFFICERS AND ELECTION OF NBA REPRESENTATIVES TO THE GENERAL COUNCIL OF THE BAR

Nomination Forms for National Officers of the NBA and/or election of NBA Representatives to the General Council of the Bar shall be available for collection at the ECNBA Secretariat, House No. 9 Oro- Ago Street, Garki, Abuja. The Nomination Forms can also be downloaded online from the ECNBA website: www.ecnba.org from 8.00 am on Monday, 11^th March 2024. Submitting completed Nomination Forms and accompanying documents shall CLOSE at 5.00 pm on Friday, 5^th April 2024.
- All duly completed Nomination Forms should be submitted physically in sealed envelopes clearly marked “ECNBA 2024” or by a reputable courier company NOT LATER THAN 5.00 pm on Friday, 5^th April 2024, and addressed to:

The Secretary,

Electoral Committee of the Nigerian Bar Association

ECNBA Secretariat, House No. 9 Oro-Ago Street, Garki, Abuja.

Any unsealed envelope SHALL be rejected, and the Forms cannot be retrieved once submitted.

A candidate for election may wish to send a Notification of submission of the Nomination Forms to the Secretary of the ECNBA by e-mail to info@ecnba.org upon confirmation of the handover of the hard copies to the address above.

APPEALS BY DISQUALIFIED CANDIDATES
- Pursuant to Part IX (1), (2), and (3), Second Schedule to the Constitution:

Any candidate who is disqualified by the ECNBA in respect of his nomination or candidature may appeal to the Election Appeal Committee within seven days of the decision being communicated.

The Election Appeal Committee shall, upon receipt of an appeal lodged by a Candidate in the manner stated above, hear the appeal and make a decision within fourteen (14) days. Such hearing may be based on documents only or by physical hearing or hearing via electronic medium.

The decision of the Election Appeal Committee on any appeal lodged by a Candidate shall be final and binding on the parties.

10.0 QUALIFICATION OF MEMBERS TO VOTE

In accordance with Part IV (6), Second Schedule of the Constitution, all members of the Association shall be eligible to vote at the general election for National Offices following these guidelines, provided that such members must belong to a Branch, and must have paid their Practicing Fees as and when due and are duly registered to vote at that election.

In accordance with Part IV (9) of the Second Schedule of the Constitution, the complete list of members eligible to vote shall be published at least forty-five (45) clear days before the election date.

11.0 CAMPAIGN RULES AND REGULATIONS

Candidates are advised to strictly observe the Constitution’s provisions regarding conduct that may lead to disqualification.

The ECNBA shall ensure strict compliance by the Candidates with the provisions of the Constitution and the Rules and Regulations issued by the ECNBA under its Constitutional mandate. Candidates are therefore enjoined in their own interest and in the interest of the credibility of the NBA electoral process to, in addition to the above, observe and comply with the following Rules and Regulations:

Candidates shall submit by e-mail a copy of their Curriculum Vitae of not more than four (4) pages of A4-size paper, comprehensive manifestoes and other campaign materials to the ECNBA for publication on the NBA website not later than the day fixed by the ECNBA.

The publication, printing or distribution of any campaign material, gifts, and any form of souvenir whatsoever by a candidate or his/her supporter(s) is hereby prohibited, and any Candidate who contravenes this provision shall be disqualified from being voted for. To this effect, any legal practitioner whose possession of such campaign materials is found shall be cited to the appropriate authorities for misconduct and acts unbecoming of a legal practitioner.

Any form of donations and philanthropic gestures by Candidates seeking election into any National Office during the election year is hereby prohibited, and any Candidate who contravenes this provision shall be disqualified from being voted for in the election.

All Branches, Sections, and Fora are prohibited from soliciting contributions, donations, or sponsorship from Candidates seeking election into any National Office during the election year. Any Officer of a Branch, Section, or Fora who breaches this provision shall be cited to the appropriate authorities for misconduct and acts unbecoming of a legal practitioner.

Any form of financial inducement, including paying annual Practicing Fees or Branch dues for lawyers to curry favour from voters or for any reason whatsoever by Candidates and their supporters in the election year, is hereby prohibited, and any Candidate who contravenes this provision shall be disqualified from being voted for in the election; To this effect any legal practitioner found to have breached this provision shall be cited to the appropriate authorities for misconduct and acts unbecoming of a legal practitioner. PROVIDED that any such payment of Bar Practicing Fees and Branch dues by the Candidate for lawyers in his/her direct employment shall not be construed as financial inducement.

12.0 ELECTRONIC VOTING

12.1 Pursuant to Part VI, Second Schedule of the Constitution, the elections shall be conducted by electronic voting following the Guidelines stipulated by the ECNBA.

12.2 The ECNBA shall, not less than sixty (60) days, issue guidelines for the conduct of electronic voting, which shall, amongst other things, provide for verification of voters, time, and platform to be utilized for electronic voting.

13.0 ANNOUNCEMENT OF RESULTS OF THE ELECTION

13.1 At the close of the poll, the ECNBA shall, in the presence of the Candidates or their representatives/agents, collate and verify the votes before the announcement of results.

13.2 Pursuant to Part X (1), Second Schedule of the Constitution, the election results shall be announced within twenty-four (24) hours of the conduct of elections upon collation and verification of the votes.

Dated 11th March, 2024.

OLUSEUN ABIMBOLA SAN Chairman

HUWAILA IBRAHIM Secretary

ECNBA-2024-Guidelines-of-election-1 Download

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