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Ripples over 2016 NBA election

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Ripples over the first Nigerian Bar Association (NBA) electronic voting held July 30, raises the question on whether ‘rigging’ infection associated with the politicians has crept into such a professional body whose members are supposed set standards on electoral matters. Senior Correspondent ONYEWUCHI OJINNAKA writes.

The July 30 Nigerian Bar Association election held via electronic voting nationwide and collated at the Association’s head office (NBA House) in Federal Capital Territory, Abuja has come and gone but the outcome is still causing ripples within the professional body.
After the electronic voting, the Electoral Committee Chairman headed by Kenneth Mozia (SAN) had declared former Kano State Attorney-General and Commissioner of Justice, Abubakar Balarabe Mahmoud (SAN), the winner, having polled 3,055 votes to beat Joe-Kyari Gadzama (SAN) who polled 2,384 votes to emerge as runner-up.
Other elected officers are Caleb Gal Dajan, First Vice President; former Chairman of NBA Ikeja branch Monday Ubani, Second Vice President and Benedict Oji, Third Vice President. The trio were returned unopposed.
Others include Isiaka Olagunju who polled 2, 721 votes to become General Secretary of the Association. The post of First Assistant Secretary went to Mr. Okey Leo Ohagba; Ugbuji Cecilia Ngede was elected as Second Assistant Secretary; Ado Aisha Abdullahi, Treasurer; Adesina Adegbite, Welfare Secretary; Ngozi Udodi, Financial Secretary; Dorcas Ngwu, Assistant Financial Secretary; Chukwuemeka Mbamala, Assistant Publicity Secretary while Oyeyemi Rafiu Balogun was elected Legal Adviser.

Ripples
Immediately after the announcement of the result by the electoral chairman, there arose spontaneous reactions from various groups and individual within and outside the body. Reacting to the result after reviewing the situation and circumstances of the election, before and during the elections, Gadzama asked for the cancellation of the polls, complaining that the electronic voting, lacked transparency and therefore not credible.
Making their position known on the election, the Joe-Kyari campaign group Director-General, Garba Gajam said “We hereby reject the results of the elections and call for the immediate cancellation of the same for failing to be credible, transparent, free and fair, and for failing to comply with the provisions of the NBA Constitution and the Electoral Guidelines”.
“We also call for the conduct of fresh Electronic and not internet elections which will be credible and transparent, free and fair and in compliance with the provisions of the NBA Constitution and the Electoral Guidelines.”
The campaign team accused the outgoing president Augustine Alegeh of colluding with the Electoral Committee of the NBA on Election Day to ensure Mahmoud’s victory.

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Reacting the outcome of the election and accusation of bias levelled against him, Alegeh, debunked the claim of Gadzama campaign team, saying that it was normal for a loser in every election to feel aggrieved.
“We are happy that most of our members are very happy with the conduct of the election,
“The Electoral Committee of the NBA conducted an election that was adjudged by most of our members to be transparent, free, fair, and by all means the best election ever conducted in the history of the NBA” he expressed.
“It is not unexpected that Gadzama having lost the election will be bitter. But at the Bar, we are one family, we expect everybody after the election to sheathe their swords and work for the greater interest of the bar.
“When Gadzama also lost the election in 2010, he made similar allegation, that the election was moved to Ibadan just to deprive him of the chance of winning”, he further said.
The outgoing leadership explained that its adoption of internet voting was to give effect to the dual provisions of universal suffrage and e-voting, as contained in Section 9(4) of the 2015 NBA Constitution.
A state counsel in the Ministry of Justice who pleaded anonymity posited that the election was marred by irregularities, adding that many people were disenfranchised and a lot of votes were cancelled on flimsy excuses of inability to remember passwords. The cancellation of votes was fatal to the election. He said that he got the record of cancelled votes from NBA, arguing that NBA was not ready for electronic voting.
“We are not yet there. We are not yet developed to the stage of voting electronically,’’ he stated, alleging that the first choice of using electronic voting was to disenfranchise lawyers because it was designed to rig the election.
Another legal practitioner, Boulevard Aladetoyinbo, however, applauded the election, describing it as a historic feat.
According to him, “Internet voting and electronic voting means the same thing. Internet voting works by electronic means. Disenfranchisement was quite different from rigging or irregularities.’’
He averred that the configuration was easy for any voter to acquaint with, adding that voters even had the opportunity to go through candidate’s profile before voting and the result was released within an interval of an hour and thirty minutes.
Mr Iniobong Utuk also adjudged the Bar election as a huge success, pointing out that the Association had successfully organised its maiden electronic voting election.
He submitted that the election was free and fair, pointing out that it was normal in a democratic process for the aggrieved party to reject the result.
On whether the poll was conducted in conformity with NBA constitution, Utuk argued that law did not look at 100 per cent compliance. “It looks at 50 or above per cent compliance because that is a pass mark.”
Paul Ananaba (SAN) in his view, said “The profession is an honourable one. We do not engage in undue politicking. We have held elections and A. B. Mahmoud has won. We should not be talking about cancellation of election because it will require resources and time. It will further destabilise the Bar. I will rather urge those who lost to take it in good faith. Even if they have grievances, they should sacrifice them to the Bar”.
“Now that we have successfully used the electronic voting system for the first time and sending the message that the future is electronic voting, we should not be seen again, trying to destroy the house we have built. I am happy that Mahmoud is waving the olive branch. That branch should be accepted by all those who lost. Let there be peace” he appealed
Olisa Agbakoba (SAN), former NBA president also urged Gadzama to concede defeat in the interest of the Association.
“As a former President of the NBA, I urge the Gadzama Campaign Organisation to take the election results in good faith. It will not be in our interest to create challenges for our association. The newly introduced voting system may have had challenges, but it was an innovative easy voting procedure” Agbakoba expressed.
Raphael Adewumi, did not see anything wrong in people expressing their grievances in legitimate manners.
“We are all lawyers. We encourage citizens to approach the court for redress where they felt wronged. So, why are we afraid to subject ourselves to the same judicial process of seeking redress where some members, who contested elections, felt that the process was not fair, and by that, they have been wronged?, he asked.

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Acceptance Speech
Speaking in Abuja after declaring him winner, Mahmoud welcomed everybody on board saying, “I want to use this medium to appeal to our members, who participated actively in the elections, but who lost, to avoid any form of bitterness and divisive rhetoric. We are all winners. Let us work together to build a brave new Bar.
“I do not think there is need for those who are currently uncomfortable with the election outcome to begin to dissipate their energy in contesting the election results, because I know the process was transparent and they cannot prove anything to the contrary.
“I must congratulate the NBA President, Augustine Alegeh (SAN), for the innovative reforms he introduced into the NBA electoral process, especially in respect of the universal suffrage and e-voting. When the idea of e-voting was first mooted, it seemed unachievable. But as the saying goes, it always seems impossible until it is done. I commend the NBA Electoral Committee for organizing free, fair and credible elections.
“I began my campaign by presenting to you an agenda, which encapsulates my vision and mission statement, with a view to enlisting your support to create one of the best Bar Associations in the world. While my vision is that of a brave new Bar, driven by the knowledge and skills of its members, as a veritable agent for national transformation.
“My mission statement speaks to the issues relating to regulation, representation, re-engineering and public interest. To deliver on the transformation agenda, I need not only an effective and efficient structure, but also the support and cooperation of all our members, including those, who for some reasons did not support my candidature. I will publish my implementation roadmap upon inauguration.
“I wish to reiterate that we shall run our administration on the core values of integrity and ethical lawyering. Every lawyer in Nigeria shall be subjected to ethical scrutiny and all those, who have integrity deficit, shall be exposed and brought to justice.
“We shall not condone a situation where the unprofessional attitude of some of our members will contaminate our noble profession. Nigerian lawyers have voted for a brave new Bar and it shall no longer be business as usual, but it will be business unusual,” Mahmoud said.
Meanwhile TheNiche gathered that Gadzama had threatened court action if at the expiration 7 days ultimatum given to NBA, it failed or refused to cancel the election.
Inauguration
Barring any court action, the newly elected executives of NBA would be inaugurated at the Nigerian Bar Association Annual General Conference 2016 (NBA-AGC) holding from August 19-26, 2016, in Port Harcourt, Rivers State, with the theme “Democracy and Economic Development”

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