The Nigerian Bar Association, NBA Branches Election Appeal Committee (West) has upheld a petition challenging the inclusion of welfare dues as a condition for voting in the forthcoming Asaba Branch election, declaring the requirement invalid and inconsistent with the Association’s governing laws.
In a decision dated May 3, 2026, the Committee, chaired by R.O. Isenalumhe, ruled in favour of the petitioner, Ebonom Agam Esq., who had contested the guidelines issued by the Asaba Branch Electoral Committee. The disputed guideline made the payment of branch welfare dues a mandatory prerequisite for members to participate in the election.
The Committee, after reviewing both the petition and the response from the Electoral Committee Chairman, held that Section 15 of the Amended Unified Bye-Laws for NBA Branches clearly outlines the qualifications for voting. According to the provision, eligibility is limited to financial members who have paid their practicing fees and annual branch dues for the required period and have attended at least five monthly meetings within the stipulated timeframe. It found that welfare dues were not included among the conditions for voting.
Further clarifying the position, the Committee noted that while Sections 3, 4, and 20 of the Bye-Laws recognize welfare dues as relevant for accessing certain benefits such as obtaining a letter of good standing or participating in welfare schemes they do not extend to voting rights. The inclusion of welfare dues as a voting requirement was therefore deemed improper.
Consequently, the Appeal Committee set aside the portion of the Asaba Branch Electoral Guidelines that imposed the welfare dues condition, affirming that only the requirements expressly stated in the Bye-Laws are applicable for voter eligibility in branch elections.
Read the full report below
NBA BRANCHES ELECTION APPEAL COMMITTEE (WEST)
Date: 3 May, 2026.
The Chairman,
NBA, Asaba Branch Electoral Committee.
Sir,
RESOLUTION OF THE PETITION AGAINST ASABA BRANCH ELECTORAL COMMITTEE BY EBONOM AGAM ESQ.
We have read the petition written by the Petitioner (Ebonom Agam Esq.) and the response by the Chairman of the NBA, Asaba Branch Electoral Committee. The petition is against the guidelines issued by the Branch Electoral Committee, which included the payment of branch welfare dues as mandatory requirement for a member to vote in the upcoming branch election.
Section 15 of the Amended Unified Bye Laws for Branches provides for the qualification to vote at a Branch election as follows:
“To be eligible to vote, a member shall be a financial member of the branch and shall have paid his/her bye practicing fee and annual branch due as and when due, for 2 years preceding the election or since enrolment ifless than 2 years post call and shall have attended a minimum offive (5)monthly general meetings of the Branch within twelve (12) months preceding the date of the election”.
The above section did not include payment of welfare dues as a condition to vote.The express reference to payment of practicing fee and branch dues exclude welfare dues.
By the provisions of Sections 3 and 4 of the Amended Unified Bye Laws, payment of welfare dues is a requirement to obtain a letter of good standing from the Branch. By Section 20 of the Amended Unified Bye Laws, benefit from the welfare scheme can be restricted to members who have paid their welfare dues.The payment of welfare dues or levy is a requirement to obtain certain benefit from the Branch but cerainly not a requirement for a member to vote at a Branch election.
Having regard to the aforesaid, the petition succeeds. Consequently, the part of the Electoral Guidelines released by the Asaba Branch Electoral Committee, which made payment of welfare dues a requirement to vote at the Branch election is hereby set aside.
COMMITTEE (WEST)
R.O. Isenalumhe
(Chairman NBA Branches election Appeal committee (west)
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