By Joshua Nwachukwu[1]

At the meeting of the Body of Senior Advocates of Nigeria (BOSAN) on the 5th of September, BOSAN amongst other things, set up a 5-man committee to “audit” the 2018 and 2020 elections of the Nigerian Bar Association (NBA).

The said committee is to be chaired by Chief Joe-Kyari Gadzama SAN, other members include Mr. Osaro Eghobamien SAN, Chief Yomi Aliyu SAN, Prof. Offornze Amucheazi SAN and Mr. Ebun Olu- Adegboruwa SAN.

The news of the committee and their mission was received with outright rejection as it is fraught with several irredeemable irregularities.

Composition of the Committee

Apart from being an all-male committee, the integrity of the committee is tainted with the rejection of the appointment by Mr. Osaro Eghobamien SAN, who said he was neither consulted nor informed after he was appointed, he described the unfortunate event as “discourteous”. Apart from being discourteous, the inability of the Committee or BOSAN to take care of this little detail of informing and getting the consent of Mr. Eghobamien, questions the capacity of the Committee to conduct a thorough and detailed electoral audit, which is a higher and complex task. Little wonder the holy book says “Whoever can be trusted with small things can also be trusted with big things” the reverse I rightly posit is the case.

Secondly, the appointment of Chief Joe-Kyari Gadzama as the Chairman of the committee, leaves a sour taste in the mouth, as it also dents the Committee’s independence and integrity. Chief Joe-Kyari Gadzama contested for the office of the Presidency in 2016 and when he lost, he rejected the result due to electoral irregularities and he challenged the election albeit unsuccessfully in Court.

Even though, he would not be auditing his own elections, his views from 2016 to date on elections and the e-voting platform are known and they may be prejudicial to the Committee’s work. More importantly, the decision of BOSAN not to audit the 2016 election, questions it’s resolve to have a holistic perspective of the e-voting structure and its irregularities. Indeed, that of 2016 ought to be of primary importance, since it was the first election where there was universal suffrage and e-voting.

2)  Usurpation of power

In his inaugural address, the President of the NBA, Mr. Olumide Akpata, reiterated the need for electoral reforms and set up an Electoral Audit and Reforms Committee comprising of 11 members to audit the 2016, 2018 and 2020 elections and recommend reforms for electoral systems and processes.

Interestingly, this committee has two SAN of which Ayo Akintunde, SAN was designated as the Chairman. These too learned silks are presumably members of BOSAN as such BOSAN ought to be at peace that their interest and concerns would be addressed.

As such, the setting up of a parallel committee by BOSAN expresses their distrust in the ability of the committee set up by the President to deliver on the assigned mandate, not only are they disrespecting their fellow silk colleagues who are in the Committee, they are so insulting and undermining the person and office of the President.

Most importantly, I am curious as to what empowers BOSAN to audit the elections, in order to conduct a successful audit, I suppose they would require the NBA headed by Olumide Akpata to release relevant and sensitive materials and information. Unfortunately, they lack any legal and moral right to demand for the relevant materials, more so since the President has already set up a committee. Their inability to access these materials in my opinion, is the nail on the coffin, hence why this committee is dead on arrival.

BOSAN whether it is irrelevant as Prof Ojukwu SAN described them, should disband this committee and apologize both to the President and the NBA. No amount of goodwill or intention can rationalise or justify this sinister move to undermine a sitting president and his powers.

They should either wait for the already constituted committee to do its work or write to the Committee or the NBA president, expressing their availability to work with him to further achieve his mandates, anything outside of this, is to further the disintegration of the NBA and inflame the continued fracas between BOSAN and non-BOSAN and soon the Young Lawyers Forum (YLF) would set up a committee to audit BOSAN.

[1] Nwachukwu is counsel at Dictum Solicitors. He can be reached at [email protected]