By Godwin N. Madubuko

I read with keen interest the article written by Mr. Sylvester Udemezue on the need for the Election Committee of the Nigerian Bar Association (ENBA 2022) to strictly apply the zoning arrangement as enshrined in the Constitution of the Nigerian Bar Association in the 2022 NBA election as it concerns the Northern Zone.

The kernel of Mr. Udemezue’s submission is that it is the constitutional turn of the North East to produce the President of the Nigerian Bar Association in 2022. The reason for this submission is that the North Central and the North West have previously produced the NBA Presidents in the persons of J.B.Daudu SAN and Mahmud SAN.

He relied on Part IV(1&4) of the Second Schedule of the NBA Constitution as his authourity.

Part IV (1&4)of the Second Schedule of the Constitution of the Nigerian Bar Association provide as follows; “1. The Association shall for the purpose of National Officers be divided into three geographical zones namely- Northern Zone, Eastern zone and Western Zone…. 4. Where the position is zoned to any particular geographical zone,the position shall be rotated and held in turn by the different groups and/or sections in the geographical zone”.

In the personal view of Mr. Udemezue, the ” groups and/or sections” for the Northern Zone are North Central, North West and North East. I said, in his personal view, because I have searched the Constitution of the Nigerian Bar Association for the definition of the phrase ‘groups and/or sections’ in the context of NBA election but did not see any. I have equally searched the Constitution to see where the Northern Zone was further divided into North Central, North West and North East without success.

What the Constitution provided in Part IV(5)of the Second Schedule are the States that made up each geographical zone and no more.

Come to think of it,how did Mr. Udemezue reach the conclusion that “groups and/or sections as it relates to the Northern Zone meant specifically North Central, North West and North East? He should have adverted his mind to the fact that without any specific definition of the phrase in the Constitution, it could also mean tribe, ethnic or religious groups/sections in the Northern Zone. Others may also have different meanings to ascribe to that constitutional undefined phrase.

Therein lies the danger of imputing personal views into the constitution.

The only plausible and practicable means of applying the sub geographical zonal rotational provision in the absence of the definition of the phrase ‘groups and/or sections’ is to place reliance on the States that made up the Zones as provided in the Constitution. This is by ensuring that the office rotates among the component States within each geographical zone. It cannot be argued with conviction that the States mentioned in the Constitution do not stand for ‘groups and/or sections’ of the geographical zones.

I believe that it was in order to cure this defect and the need to streamline a smooth rotation that associations like the Eastern Bar Forum inserted the agreement reached by the bloc that made up the forum as part of their constitution. I am aware that the Egbe Amofin O’dua and the Midwestern Bar Forum are equally meeting to agree on the principle of rotation as it concerns the Western Zone but no agreement was reached as yet. As for the Northern Zone,I am not aware of any resolution of the Arewa Lawyers’ Forum on the issue of rotation.

I only remember that during the 2016 NBA election, it was the view of some, that one of the contestants was the consensus candidate of the Arewa Lawyers Forum. Undue Pressure was mounted on his opponent to step down for him to no avail. The clamour for the disqualification of his opponent by the Election Committee was equally disregarded.

Has the Northern Zone ever rotated in principle the offices zoned to them in the past? The answer is in the negative. In 2016 when it was the turn of the Northern Zone to produce the President, it was contested by J.K. Gadzama,SAN from Borno State(North East) and A.B Mahmud,SAN from Kano State(North West). If it was zoned to the North West by agreement, it should have been only the candidates from that Zone that should have contested. Similarly in 2010, JK Gadzama contested with JB Daudu SAN, who’s from the North Central. If it was zoned to the North Central, It would have been candidates from the North Central who should have contested the election.

I will therefore urge the Election Committee of the Nigerian Bar Association (ENBA 2022) to strictly follow the Constitution of the NBA in the discharge of it’s duties. The clamour by some that the ENBA 2022 should state specifically in the election guidelines that it is only candidates from the North East that are eligible to contest for the office of the President of the Nigerian Bar Association is unconstitutional. The term North East is allien to the Constitution of the Nigerian Bar Association. Furthermore, both Augustine Alegeh, SAN and the current President, Mr. Olumide Akpata, all hail from the Midwest. These are precedents under our constitution that were ignored in Udemezue’s opinion.

I recall that in 2018, Mr. Sylvester Udemezue vigorously supported and campaigned for Paul Usoro,SAN against Chief Arthur Obi Okafor,SAN for the NBA Presidency when it was to his full knowledge that both Paul Usoro,SAN and the past President of the NBA,Okey Wali,SAN were from the same bloc of the Eastern Zone! Does it mean that the provision for rotation of Officers was not in the Constitution of the Nigerian Bar Association then?

I encourage all the aspirants to go to the field instead of placing heavy reliance on the expected disqualification of their opponents. It is my firm view that regailing us with the ” origin,essence and operation of the concepts of the Presidential power rotation within the Nigerian Bar Association” or the subtle blackmailing and ambushing of the Election Committee of the Nigerian Bar Association, can never translate to election victory.

Godwin N. Madubuko, godwinmadubuko@gmail.com