Friday 22 July 2016

Lawsuit on NBA: Latest Development and Mediation

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On Wednesday 20th July instant I wrote to the vacation Judge Adeniyi’s Registrar to avail certified true copies of all the processes filed in the application herein post Lawsuit on NBA. Why did I write a long application? FCT Courts have a good habit of not allowing anyone who is not a counsel in a matter access to proceedings unless they indicate in writing reasons and interest. So I had to spell it out. It is 312 pages plus processes, my Litigation Clerk followed up with court staff. 

Today Friday 22nd July 10:30AM  till 12 noon, we were at the court registry to collect it. I wanted to see for myself that they were complete records.  So we got to the vacation court. By the way there are two vacation Judges in FCT High Court Justice (Ms) Mary Anenih and  Mr Olukayode Adeniji. Her Ladyship not sitting today. His Lordship was sitting. But as we all know the Court Registrar may not sit in court, court clerks stand in. So we went to the Registrar’s office and I witnessed him handover the voluminous file to my Litigation Clerk 2 with courtesy. 

I have perused the court processes. Mr A A Malik is for the 1st and 2nd Defendants ie NBA. He works from Alegeh (SAN) & Co., Ziguinchor Street Wuse Zone 4.   Ken Mozia SAN the 3rd defendant  is represented by S.T Olorungbuisha SAN Maris Court Apo,  The 4th defendant Grace Infotech Limited ie Ope’s outfit has not shown any interest to defend the suit. Chief Solo Akuma SAN represents the 5th defendant ie JK Gadzama SAN and JS Okutepa SAN represents AB Mahmoud SAN – Okutepa has filed a notice of preliminary objection so also  A A Malik Esq., LL.M – Please sir Esq is not an academic title. You may sign as A A Malik LL.M plus other academic titles or simply AA Malik Esq.

The plaintiff has five Senior Advocates of Nigeria proficient in English language. They write better law than Okutepa, presentational skills persuasive. However Okutepa (and A A Malik Esq) filed preliminary objections. Looking at what Alegeh is saying that NBA did not receive the plaintiff’s appeal for a review considering his “wrongful” disqualification by ECBNA. The plaintiff exhibited his appeal and NBA duly acknowledged it. I think this lawsuit should be avoided Mr President /ECNBA kindly put the man back on the ballot. In any event he was/is the sole candidate for the office of Publicity Secretary. Scapegoatism is not a welcomed philosophy. 

The lawyer is clearly in private practice; the Nation newspaper /Vintage Press Limited not being publicly quoted. The NBA Constitution exhibited did not define “private practice” to exclude lawyers who give legal opinion or  even University Lecturers from holding offices eg Francis Ekwere, Dr Ogugua etc. We had a similar provision under the 2001 NBA Constitution they held offices thereat.  In the absence of  interpretation clauses restricting “holding of NBA National offices”  to litigation lawyers such as some here kindly apply the  sound principles of the liberal approach.
CA
NOW  WE MAY WISH TO SEE THE APPLICATION CONSIDERED BEFORE THEY LET C N AJIE CTC OF THE COURT PROCESSES .
THANK YOU
Wednesday 20th July, 2016
The Registrar
The Court of Hon. Justice Adeniyi
FCT High Court
Abuja

Dear Sir/Ma.,
Re: SUIT N0. CV/2149/16  -   JOHN E. UNACHUKWU -vs- REGISTERED TRUSTEES NBA 2) AUGUSTINE ALEGEH SAN, PRESIDENT NIGERIAN BAR ASSOCIATION AND ORS.
APPLICATION FOR CTC OF THE PROCESSES FILED AND THE RECORDS.

Towards the biennial delegates election in August 2014, the second defendant acceded to the concept of universal suffrage for lawyers by e-voting pursuant to our campaigns. The undersigned and a number of good colleagues with unwavering commitment made efforts with a view to democratizing the election process, to enamour transparent and credible elections such that the votes of our members will count. A cursory look at Learned Author Femi Aborisade’s views on the subject, at page 24 of the New Telegraph 18th July, 2016 where he said “First, it must be recognized that the rank and file members of the NBA, led by people like renowned constitutional lawyer, Dame Carol Ajie, the leading human rights lawyer, Femi Falana, SAN, the principled late human rights crusader, Bamidele Aturu, and many others, campaigned vigorously for the democratization of the process of electing NBA national executive members.” - Frontline Human Rights Activist  Aborisade, founding General Secretary of National Conscience Party, Labour and Employment Law Author.

The NBA Constitution 2001 which was based on delegates system was amended in August 2015 to reflect e-voting for all Lawyers fully paid up members of the Association and have not defaulted in payment of Branch dues and annual practicing fees. Being a financial member as at March 31st statutory deadline,  NBA issues stamp and seal for the year.  

Therefore Lawyers in practice in Nigeria who were verified (ie updated) upon payment of Branch dues and Bar practicing fees, were issued NBA stamp and seal should NBA receive the mandatory additional sum of N4,000 (Four Thousand Naira) for a packet of seal per Lawyer in the private or public sector. Hence it becomes curious that between the interval of only 3 months  April 1st  – 30th  June 2016 the same database  which formed the fulcrum for verification/NBA Stamp and Seal a fortiori template for  e-voting gets fluffy with names of members hitherto verified, missing or misspelt and telephone numbers, email and Supreme Court enrollment numbers assigned by the same source starts flustering.  At no time during preparations for e-vote elections were NBA members given the total number of accredited voters. All we see on the e-voting portal is “update your details” or “details updated”. There is also no statement from NBA assuring anyone of the availability or visibility of flowchart and counters, towards ascertaining the integrity, transparency and credibility of the process.

Architects and Advocates of a free and fair election by e-vote being excluded at this stage of implementation and denied even mere monitoring role, means there has been hidden blunders. We have minted the e-voting mechanism, great but someone took what was tirelessly advocated by others and gave our NBA toolkit to somewhat tepid implementation. 

NBA is the leading light of the Society. Hence a Constitutional and human rights Lawyer, who ran elections in NBA for the office of National Secretary biennially in 2000, 2002, 2004, 2006 and 2008 and lost albeit gallantly to all-male co-contestants, will express concern that we ought not fail in steering the ship to a safe berth,  pursuant to  the new NBA Constitution and best practices, in keeping to the principles enunciated by the parties herein.

A perusal of the certified true copies of the court processes when obtained would enable firsthand information to see if the disputants could be requested to achieve amicable resolution possibly through mediation, or perhaps parties would prefer the litigation process run to its logical conclusion, subject to the convenience and directives of His Lordship. 
CTC fees shall please be fully paid by the undersigned.
Yours respectfully,

Carol Ajie, LL.B(Hons)Benin; B.L (Lagos); MCIArb.(UK); LL.M (Int’l Legal Studies) Georgetown

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