The leadership of the Nigerian Bar Association has dismissed directives issued by the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), calling for the postponement of the Nigerian Bar Association’s National Executive Council elections.
The NBA, in a statement signed by its President, Afam Osigwe (SAN), maintained that the association’s national officers’ election scheduled for 18 July will go ahead as planned.
The association took this stand after Fagbemi directed it to postpone the election, dissolve the NBA Electoral Committee (ECNBA), disengage its election service providers, and form a new electoral committee amid allegations of constitutional violations and electoral process bias.
Fagbemi issued the directives after reviewing the Peace Committee’s report, set up to resolve the crisis threatening the NBA elections.
But Osigwe described the Attorney-General’s directives as unconstitutional, ultra vires, and an attempt to place the independent body under federal control.
He stated that the Legal Practitioners Act does not empower the nation’s Chief Law Officer to interfere in the association’s internal electoral process.
The NBA President further argued that the directives closely mirrored the reliefs sought in pending lawsuits before the High Court of Oyo State and that the Attorney-General, who convened the peace meeting, lacked the authority to resolve issues already before a court.
The association also criticised the report of a Peace Committee chaired by former NBA President, Chief Wole Olanipekun (SAN), claiming the panel exceeded its mandate by making findings against the NBA President without providing him a fair hearing.
It further argued that Olanipekun could not be regarded as an impartial chair because of his involvement in the dispute, and that the committee’s report was biased and unacceptable.
Maintaining that the Attorney-General lacked the power to suspend or alter its electoral timetable, the NBA declared that its democratic succession process would continue without interruption.
The Electoral Committee of the NBA also dismissed reports indicating that the elections had been halted, urging members to disregard what it described as an unauthenticated document circulating on social media.
In a statement signed by its Chairman, Aham Ejelam, and Secretary, Ibrahim Nassarawa, the ECNBA said there was no legal obstacle to holding the election on 18 July.
The committee also confirmed that the Candidates’ Debate and Manifesto Day, scheduled for 8 July, would proceed as planned at the NBA National Headquarters in Abuja, with virtual participation available to members.
The Peace Committee alleged in its report that the Electoral Committee was not formed by the National Executive Council, as required by the NBA Constitution. Still, it was instead appointed by the NBA President.
It also cited allegations that the NBA President openly supported a particular presidential candidate, thereby compromising the neutrality of the electoral process.
Other concerns included the appointment of election service providers without adequate transparency, questions about their competence, and an alleged disregard for established zoning arrangements.
Acting on the committee’s recommendations, Fagbemi directed the dissolution of the ECNBA, disengagement of the election service providers, and postponement of the election to August or a later date to facilitate a fresh electoral process.
He also proposed setting up an Independent Electoral Oversight and Audit Committee, making it compulsory to use the National Identity Number (NIN) for voter authentication, and withdrawing all pending court cases related to the elections.
The Attorney-General stated that these steps were necessary to restore transparency, credibility, and confidence in the electoral process and urged members of the legal profession to prioritise the interests of the association over personal ambitions.
