NBA Bwari Election 2023: The Moneme’s Campaign Committee Replies Caleb Owowo On His Desperate Bid to Become The Secretary of the Branch
Our attention has been drawn to the petition written by Mr. Caleb Owowo against the aspiration of Mrs Chinyere Moneme. The author of this frivolous petition is known beyond its writer. While Moneme campaign organisation is not to engage in the war of personal vendetta, we leave Owowo for the public to judge.
Our organisation is focused to address the issues as raised in the said petition. The starting point is to state very clearly to our esteemed overwhelming supporters that the decision of the Electoral Committee of NBA Bwari for clearing our aspirant to contest is lawful and does not offend the provisions of the Constitution of the NBA or either offend the Electoral Guidelines set up by the Committee.
Be that as it may, it is very clear that the provisions of Part IV, paragraphs 1, 4, and 5 are not applicable to the election of the branch’s Executive Committee. They are the provisions providing for the National Officers. The writer of this petition knows this but ignorantly with respect posited that the inapplicable Part has been adopted by the Branch at the Branch meeting in 2017! This statement by implication is to say, without mincing words that the Branch has created its own Bye Law contrary to the provisions of the NBA Constitution, particularly Sections 20 and 21 of NBA Constitution 2015 (As amended in 2021).
The combined effect of the provisions cited above indicates that no words can be added to or removed from the Constitution and no Bye Law is applicable except by the words and the spirits of the constitution. This, nonetheless, align with the object of the Nigerian Bar Association as promoters of the Rule of Law.
Having said that, the Bye Law has equally specified by the provision of Section 15 (3) (supra) as follows:
*No provisions of this bye law relating to qualification to vote and be voted for SHALL be waived, by any person, the branch, its organ or committee set up by the branch.*
Log in to primsol.lawpavilion.com and enjoy the best E-journals, textbooks, and many more
To subscribe to Primsol, go to store.lawpavilion.com.
For further enquiries/assistance, send an email to customercare@lawpavilion.com or call 08050298729
To our mind, assuming without conceeding that there was a resolution of tne Branch for the zoning of the position of the Secretary and the Chairman such decision with respect cannot form the basis of the disqualification of Mrs Moneme. Just as by extension, it has been maliciously published that nomination of Paul Daudu as the Charman was unlawful and therefore, he should be disqualified!
It is worrisome, and create a serious moral burden for the legal profession for an aspirant to the post of Secretary engaging in unethical twisting or misapplication of the law for personal reasons. It is a sad irony for Mr. Owowo that most of the allegations of witholding 2021 receipt, loose attendance lists bothers more on his competency and conduct as the Assitant Secretary of the Branch. To our mind, he is the only cabal, abusing his office for his personal benefit. It could have safer for him to engage in healthy debate on his fitness or otherwise for the post.
It is our position by virtue of Section 16 (2) of the Uniform Bye Law, the Electoral Committee has satisfied that Mrs Moneme has fulfilled all the conditions under Section 14 (1) (supra) and the electoral guidelines. In all these, there are no provisions for zoning.
Finally, even, if any decision of the Branch, lawfully or unlawfully, adopt the rotation, Mrs Moneme is from the East and Paul Daudu is contesting unopposed from the north without distrupting any arrangement the Branch might have adopted. Their nominators, notwithstanding, having complied with the law on the basic qualifications as to attendance, membership, financial obligations to the Branch, and age at the bar are qualified as well to contest for that positions. To butress this, some of the aspirants in the past who vied for the positions of the secretary and chairman were cleared to contest despite they got their respective nominators outside their zones.
For clarification purpose, the cases of Afam Okeke of Unity Bar and that of Adaeze were not applicable in this circumstance.
Mr Afam election was not conducted under the present Bye Law for the election was conducted in 2010 under the Electoral Guidelines, which specifically zoned the position. In the case of Adaeze, the Electoral Guidelines for the election to the General Council of the Bar was zoned to the three geopolitical zones. While Ada is from the East, her nominator is outside her zone.
Our aspirant is in the race and we urge our teeming supporters and the general public not to worry, we are on course and ready to deliver.
OWOLONA ADEKWU AAKO
FOR MONEME CAMPAIGN COMMITEE, NBA BWARI 2023 ELECTION.