By Adaeze Anah

When I received the official correspondence of the ECNBA, my first reaction was simply heartfelt dismay at the reasoning behind my disqualification. When I shared my feelings with a few friends, one feedback was constant; I was reacting with my heart and not my head and was not taking into considerations the realities of thriving in the Nigerian space. Given this feedback, I feared I would not find a legal reason to back up my arguments, however a critical analysis of the constitution proved me wrong. This quagmire reminds me of a burden a renowned poet placed on me about ten years ago when we were discussing the subject matter of patriotism and he made me promise to write down my seemingly unconventional views on this. Now, that was about a decade ago. If you are wondering why I have not written I have not fulfilled that promise, procrastination is not the reason. It is because I am still figuring out how to relate with my country and I have been honest and humble about the complexities of figuring out how to positively engage in the Nigerian social contract. My ambition to serve in the General Council of the Bar and the experiences that shoots from this ambition shows me that mine is not an isolated case; indeed, most of us are grappling with uncertainties on how to relate on a national / professional level. This realisation gives me the confidence (indeed the audacity, if I may) to finally decide to fulfil my promise in time and indeed continue to be part of the social engineering that will continue to steer our nation to progressive waters. Now, to the crux of the matter shall we?

In furtherance of my ambition to serve in the General Council of the Bar, I was nominated by Mr. J. J Usman SAN and his nomination was seconded by Ms. Mimi Ayua. By a letter dated the 20th of May, 2022 and emailed to me on the 22nd of May, 2022 the ECNBA disqualified me from running for the office of the Nigerian Bar Association Representative at the General Council of the Bar in the upcoming elections. This disqualification is anchored on the fact that Mr. Jacob Johnson Usman, SAN and Ms. Mimi Ayua are both from the Northern Geographical Zone while I am from the Eastern Geographical Zone. The ECNBA in making this decision, relied on Part V, Paragraph 5, Second Schedule of the Constitution of the Nigerian Bar Association 2015 (as amended in 2021). The said provision reads thus

“A candidate for election as Representative to the General Council of the Bar, shall be nominated 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.”

From the authority the ECNBA cited one can effortlessly distil the fact that the constitution clearly expects the nominator and seconder to be as QUALIFIED as aspirant. The constitution like all other well-drafted laws goes on to define what qualification for each of the offices is. In the case of the offices of the Association’s representation to the General Council of the Bar the criteria for its membership of the said council is chiefly provided for in Section One of the Legal Practitioner’s Act. The said Section One further empowers the Association to provide more criteria for qualification and empowers the Constitution of our Association to set further criteria on membership of the council. Thus to determine who is qualified to run for the General Council of the Bar, it is a joint reading of the LPA and The Constitution exposes it. It is therefore this qualification that the constitution expects nominators and seconders to possess and nothing more. Zoning, is a separate criterion, independent of qualification which applies to ensure proportionality and inclusivity in representation. It is provided for separately in Part V, Paragraph 2, Second Schedule of the NBA Constitution which provides as follows:

“The Zoning principle contained in this Constitution shall apply in the election of NBA Representatives to the General Council of the Bar such that each zone shall produce not less than six (6) Representatives to the Council.”

It therefore follows that zoning is not an element that comprises qualification and is not a condition nominators and seconders should meet as only the aspirant can be zoned. One has to be qualified before he or she is eligible to be zoned and these two elements are different, independent and should be applied as such. I believe that it is upon the strength of this reasoning that the constitution provides for nominators and seconders to be as qualified as the aspirants and does not provide for zoning as an element that contributes to qualification.

The ECNBA in her response to the Appeal Committee failed to respond to this reasoning as elucidated above but went on to reiterate her original position whilst stating that “It is illogical and manifestly unconstitutional for a person to nominate and second the nomination of person to for a zone that is not theirs”. This language makes one to wonder why the enforcement of a provision clearly provided for in the Association comes off as Ludacris. Reflecting on this, I find it very intriguing that even though we put forth the projection that we are Nigerian Lawyers, we slip back to political arrangements that emphasize the divisive lines in our country rather than the oneness of the sovereign state we operate in. What is it about divisions that make us so comfortable, so much so that we are willing to we are willing to jettison the provisions of the well written laws to embrace disunion in ways that our laws are have tried to blur? Is it a conditioning? A coping mechanism maybe? Something that speaks to our relationship with the Nigerian social contract? That beyond identifying with our various indigenous heritages (which I do aggressively by the way) and that beyond the applauded zoning policy which aims to enforce equal representation, we stretch this noble policy to a point where collogues can no longer recommend, nominate or indeed vouch for aspirants in elections because they are not from the same region? Does this stance not subject our professionalism to the corrosive defects of tribalism? Why are we preferring to jettison policies that enforce national integration, yet start every event with the national anthem and chant the pledge at every opportunity? The line “to defend her unity and uphold her honor” which is contained in the pledge does not mean that we will always go to war, after all every Nigerians is not a soldier, some are lawyers. Sometimes, this defense means that we latch unto superior ideals which may appear illogical and bonkers instead of our personal convictions for the sake of the nation and for the sake of those who have multiple identities within the Nigerian environment. Maybe that defense is letting the law as scripted and not bleeding personal convictions on it. Whatever may the case, my disqualification beams light on how we see ourselves in this social contract.

The Appellate Committee upheld my disqualification relying solely on the decision of the ECNBA. My worry really is that no attempt was made to analyze my arguments. An analysis would have at least afforded me and indeed the rest of the legal profession the access to the reasoning of the Committee vis a viz the Issues I raised.

The Elections are imminent and I am excited about the new era that is about to dawn on us. I am one who is passionate about the progress and growth of the legal profession. Sometimes the role one has to play entails taking the lead, other times it means that one is not only genuinely confused but is also at the back end of that confusion. I thank the many learned friends who encouraged me to pick up that nomination for, who dared to trust me with the task of representing them at the General council; I do not take this for granted. I also thank the members of the ECNBA and the Appeal Committee. It is this kind of conflicts and confusions that lead us as a body to grind ideologically and evolve progressively. I hope we continue to be open to it.

Long Live Our Noble Profession

Long Live the Federal Republic of Nigeria.