Agbakoba says ECNBA does not interfere in politics or electoral contests.
Tells Onwubiko to explore constitutional and electoral mechanisms.
The Chairman of the Board of Trustees of the Nigerian Bar Association (NBA), Dr Olisa Agbakoba, SAN, has declined to act on a petition filed by Tosan Barbara Onwubiko, Esq. alleging breaches of the NBA Constitution 2015 (as amended 2025) and irregularities in the 2026 ECNBA candidate qualification process, stating that the Board does not interfere in the politics or electoral contests of members of the Association.
In a letter dated May 22, 2026, written on the letterhead of Olisa Agbakoba Legal (OAL) and addressed to Onwubiko at her chambers, toSAN Legal, No. 8 Pretoria Close, Off Tunis Street, Zone 6 Wuse, Abuja, Agbakoba acknowledged receipt of the petition but effectively closed the door on the reliefs sought which had included the dissolution of the current ECNBA, the removal of a candidate allegedly unlawfully included in the qualified list, a full audit of all qualified candidates, and an investigation into allegations against the ECNBA Secretary.
Agbakoba’s response was brief, measured, and unequivocal in its refusal to intervene.
“We acknowledge receipt of your petition concerning the ongoing 2026 NBA electoral process. I carefully reviewed the issues raised. However, the Board does not interfere in the politics or electoral contests of members of the Association,” the BOT Chairman wrote.
He went further to explain the constitutional rationale for the Board’s position, stating that the conduct of elections and the qualification of candidates are matters constitutionally vested in the Electoral Committee of the Nigerian Bar Association (ECNBA), and that the Board was mindful of the need to preserve the committee’s independence.
“The conduct of elections and qualification of candidates are matters constitutionally vested in the Electoral Committee of the Nigerian Bar Association (ECNBA), and the Board is mindful not to undermine the constitutional independence of the Committee or interfere with the electoral process,” Agbakoba stated.
Rather than engaging with the specific allegations raised in the petition, the BOT Chairman advised Onwubiko to pursue her complaints through what he described as the constitutional and electoral mechanisms established by the Association.
“My advice is that matters related to the election process be pursued through the constitutional and electoral mechanisms established by the Association,” Agbakoba wrote, before closing with: “Please accept the assurances of the Board’s highest regards.”
The BOT’s response effectively disposes of a petition that had raised serious and specific allegations about the conduct of the ECNBA’s candidate qualification process.
Onwubiko, who is the Lead Partner of toSAN Legals and also serves as the Financial Secretary of the NBA Section on Public Interest and Development Law (NBA-SPIDEL), had filed the petition on May 18, 2026, raising multiple grounds of complaint.
The central allegation was the unlawful inclusion of one Magaji Tijjani as a qualified candidate for the office of Assistant General Secretary in ECNBA Notice No. 7b, dated May 6, 2026. Onwubiko pointed out that Tijjani’s name did not appear on ECNBA Notice No. 5 which listed the six aspirants who had complied with the mandatory requirement under Notice No. 2 to submit a Letter of Expression of Interest by February 20, 2026 but subsequently appeared on Notice No. 7b as the seventh qualified candidate, without explanation.
The petition also alleged that the ECNBA deliberately concealed the names of nominators, seconders, and disqualified aspirants, contrary to Sections 8, 10, 11, and 12 of Part III, Second Schedule of the NBA Constitution, thereby frustrating members’ ability to challenge eligibility within the prescribed seven-day window.
Additionally, Onwubiko raised allegations against the ECNBA Secretary, Ibrahim Aliyu Nassarawa, Esq., accusing him of a pattern of electoral manipulation dating back to his tenure as a member of the NBA-SPIDEL Election Committee, where she alleged he facilitated the removal of duly screened candidates and the inclusion of non-members and disqualified aspirants.
The petition had sought five specific reliefs: nullification of Tijjani’s inclusion, a full audit of all qualified candidates, immediate publication of the full list of nominators and disqualified aspirants, dissolution of the current ECNBA, and an independent investigation into the allegations against the Secretary.
The Board of Trustees’ refusal to intervene has several significant implications for Onwubiko and for the broader NBA electoral process.
First, it eliminates the BOT as a potential avenue of redress for the petitioner. The Board of Trustees is the highest custodial body within the NBA’s governance structure, and its refusal to act on the petition means that the most authoritative internal body has declined to intervene in the electoral dispute.
Second, Agbakoba’s characterisation of election and candidate qualification matters as “constitutionally vested” in the ECNBA effectively endorses the committee’s autonomy even in the face of allegations that the committee has breached the very constitution it is supposed to administer. The BOT’s position is that the ECNBA’s independence must be preserved, and that the Board should not serve as a parallel review mechanism for the committee’s decisions.
Third, the advice to pursue remedies through “constitutional and electoral mechanisms established by the Association” directs Onwubiko towards the ECNBA’s own internal processes such as the Election Petitions Committee or appeals mechanisms or alternatively, the general meeting of the NBA or the courts. However, pursuing remedies through the ECNBA itself would require the petitioner to seek relief from the very body she has accused of the alleged breaches, a paradox that may leave litigation as the only meaningful option.
The BOT’s response comes against the backdrop of an increasingly vocal campaign by Onwubiko against the conduct of the current ECNBA. Beyond the formal petition, she has publicly critiqued the committee’s near-N170 million election budget questioning why
NEC approved it without scrutiny, why new equipment was being purchased when previous election equipment should still be available, why N40 million was allocated to a single technical consultant, and why voter education trainings required expensive travel when they could be conducted in Abuja or online.
She has also raised questions about the ECNBA’s shortlisting of six IT companies for the electronic voting platform, the use of a Zoho Desk support portal for voter list corrections, and the overall transparency of the committee’s operations.
The BOT’s refusal to engage with any of these concerns may embolden critics who argue that the NBA’s internal governance mechanisms are inadequate to hold the ECNBA accountable, while the committee’s defenders will cite the response as confirmation that the ECNBA is operating within its constitutional mandate free from external interference.
Dr Olisa Agbakoba, SAN, is one of Nigeria’s most prominent human rights lawyers and a former President of the NBA.
The letter was written from OAL’s Maritime Complex office at 34 Creek Road, Apapa, Lagos.
With the BOT having declined to act, Onwubiko’s options narrow to three potential pathways: filing a formal complaint or appeal through the ECNBA’s own internal mechanisms, bringing the matter before the NBA’s general meeting or NEC, or approaching the courts for judicial intervention.
Given that the July 20, 2026, election date is approximately two months away, any court action would need to be filed and heard on an expedited basis to have practical effect on the ongoing electoral process. The
ECNBA has already published the preliminary voters list, shortlisted IT companies for the voting platform, and is advancing through its election timetable.
Neither Onwubiko nor the ECNBA has publicly commented on the BOT Chairman’s response as at the time of this report. It remains to be seen whether the petitioner will accept the
BOT’s position or escalate her challenge through alternative channels.
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