HUMBLE APPEAL TO THE PRESIDENT OF NBA, Y. C. MAIKYAU, SAN(OON), TO SAVE UYO-BAR FROM SELF-EXTINCTION: EKANEM EKANEM - LED ELECTORAL COMMITTEE IN COLLUSION WITH BRANCH CHAIRMAN, EMEMOBONG N. UDOH, ESQ., READY TO STAMPEDE NBA BYE-LAW AND INSTALL UNQUALIFIED CANDIDATE

HUMBLE APPEAL TO THE PRESIDENT OF NBA, Y. C. MAIKYAU, SAN(OON),  TO SAVE UYO-BAR FROM SELF-EXTINCTION: EKANEM EKANEM - LED ELECTORAL COMMITTEE IN COLLUSION WITH BRANCH CHAIRMAN, EMEMOBONG N. UDOH, ESQ., READY TO STAMPEDE NBA BYE-LAW AND INSTALL UNQUALIFIED CANDIDATE 

Per ~ Meti M. Ukpeh, Esq.

Uyo-based Human Rights lawyer

Conscience stroke: Did you know? 

Very humbly Sir, In 2021, noble Snr. Ekanem Ekamem as Eleco chairman screened out the LONE qualified (Postcall) opponent of the current Bar Chairman, Cmr. Ememobong Udoh(Aguda)  for mere incomplete bar attendance  and Cmr. Ememobong Udoh Esq(Aguda)  became the now chairman of Uyo Bar(a process he well benefited) 

Now in 2023, against all good conscience and even objection of revered snr Eze Ibe,  Esq my branch chairman OVERRULED and re-appointed Snr. Ekanem Ekanem, Esq as electoral chairman. 

Now, Snr. Ekanem Ekanem is shy to disqualify an aspirant who does not even meet up the postcall requirements compared to what he did 2years ago for the branch chairman... karma!!!! 

No conscience at all !!

A mortgaged integrity !!

No law.. !!

Institution of bad precedence.. 

This is a creation of chaos in the bar and good bar men should not allow this greed to stand.

The neglect, contravention and sheer refusal of the Electoral committee to implement the law shows highandedness, bias and clear act of illegality. 

This electoral committee CANNOT AND WILL NOT GIVE UYO BAR A FREE AND FAIR ELECTIONS,  and good bar men should not keep mum to this.. 

Till I expire, I will never mortgage my integrity for a pair of shoes...!! 

BELOW IS MY SAMPLE PETITION TO MY PRESIDENT 

 Meti M. Ukpeh, Esq. 

No. 63, Udotung Ubo Street,

Uyo,  Akwa Ibom State.                                                            

 MAY 18, 2023.

Y. C. Maikyau, SAN,(OON) 

The President 

Nigerian Bar Association 

Abuja

Nigeria. 

Sir, 

IMPENDING CRISIS IN UYO-BAR: CALL FOR URGENT INTERVENTION AGAINST THE OBVIOUS TAINTED PARTISANSHIP OF THE ELECTORAL COMMITTEE CHAIRMAN, EKANEM EKANEM, ESQ. 

Very humbly sir,  the highlights of this petition include:

* The Electoral committee headed by Ekanem Ekanem, Esq., published Election guidlines dated 31/03/2023 different and contrary to the prescribed guidelines envisaged in Sections 14, 14(2), 15(1), 15(3), 16(1) of the NBA Unified Byelaw,2021

*That on the last Uyo-Bar monthly meeting held on 28/04/2023, the following respectable elders of the Bar spoke against the illegality of the electoral guidlines which the general house resolved by directing the electoral committee to publish a new/amended guidlines in compliance with the law, NBA UNIFIED BYELAW, 2021.Some of the elders include: Ekpenyong Ntekim, Esq., Francis Ekanem, Esq., Obong Emms Ekongson, Esq., Francis Ekwere, Esq., Aniekan Akpan, A. A. Asuquo, Esq., Dr. Amanim Akpabio, among others. 

*The Electoral committee till this day, against the resolution of the branch general meeting held on 28/04/2023, refused, belittled, and rejected publishing a new and/or amended guidlines for the June NBA,  UYO-BAR Elections. 

*The Electoral committee   has rather published a Timetable  of Election on 2/05/2023 which is not predicated on any guidlines in blatant refusal to publish a new guidelines as directed by the General Meeting and the law. S. 16, NBA UBL, 2021.

* The Ekanem Ekanem-led Electoral committee published another purported guidelines on 6/5/2023, BUT NOT DATED AND/OR SIGNED by him, as the chairman of electoral committee or signed by the secretary of the Eleco committee

*The Ekanem Ekanem-led Electoral committee purportedly published on 18/05/2023 a list of Screened candidates NOT predicated on any  guidelines or Bye-law AGAINST S. 14(2), 16(1)  and 15(3) of the NBA UBL, 2021.

*The Ekanem Ekanem-led committee published names of unqualified candidates in flagrant disregard of the bye-law, particularly s. 14(1) and 14(2) of the NBA Unified Bye-law, 2021. The two published unqualified candidates on the purported list are: 1) Uwem Uko Umoh (Chairmanship aspirant) and 2) Maria Akpan (Vice-chairmanship aspirant) 

*That the said unqualified aspirant, UWEM UKO UMOH, was called to Bar in NOVEMBER, 2013. He is NINE(9)years POST-CALL  against the clear and unambiguous  S.14(1) and 14(2), 15(3) of the NBA UBL, 2021. This also applies to the vice-chairmanship aspirant, MARIA AKPAN. 

*The Uyo-Bar Chairman lacks the vires to appoint Branch Appeal Committee which is an exclusive right of the NBA National as well engraved in S.14(1)(m)  of the NBA CONST. 2021.The BRANCH APPEAL COMMITTEE is NOT among the committees the Branch chairman is vested with authority under S.9 of the NBA UBL, 2021, hence the EXPRESSIO UNIS EST EXCLUSIO ALTERIUS Rule applies. 

*Exausting Local remedy by according an unreserved respect for our Esteemed President, Learned Silk,  Y. C. Maikyau and the NBA National in addressing this daylight attempt to rape the rule of law by the Eleco chairman and his appointor, Chairman of the Bar, Ememobong N. Udoh, Esq. AGAINST approaching the court

Very humbly sir, it is a told truth that the Uyo-Bar has enjoyed an immeasurable fragrance of peace and tranquility for donkey years, hence, may such a day never come that,  even before the watchful eyes of the NBA National who have toiled and moiled to maintain this serenity, the peace hitherto enjoyed by the Uyo-Bar would be threatened, bargained with or dashed to the walls of chaos owing to avoidable inactions of the electoral committee chairman and his appointor, Comrade Ememobong Nicholas Udoh, Esq., loosely known as "Aguda".

 Below are the inactions of the Eleco Chair, Ekanem Ekanem backed by Ememobong N. Udoh, that is tantamount to robbing the sanity and sanctity of the legal profession, the protection of the rule of law and even the conscience of honour and morality in the mud, to wit:

1) The Guideline of 31/03/2023 published by the Eleco chairman, Ekanem Ekanem,  Esq., is NOT predicated on any known law of the NBA

Item 1 of the Guidelines reads: "Pursuant to the provisions of section 16 of Nigerian Bar Association Uniform Byelaw...."

Query: NBA BYELAW of which year, no date???

Attached to this petition is a copy of the Electoral Guidelines dated the 31/03/2023, published himself by the Electoral committee Chairman, Ekanem Ekanem, Esq.,

NOTE: the only known law is the approved NBA CONST., 2015, amended in 2021 signed by Akpata, 28/10/2021.

2) Item 7 of the said guidelines does not capture the law in full and is grossly unconstitutional. It also creates room for conjectures against the clear unambiguous provisions of S. 14 and S. 14(2) of the NBA UNIFIED BYE-LAW, 2021

The said item 7 of the guidelines reads: "A candidate shall not have less than 10years post-call enrollment experience if he is contesting for the office of chairman or vice-chairman"

Whereas S. 14(1) reads:

1. To be eligible to stand for election into an office, a member shall: (a) Be validly nominated in writing by two members who are eligible to vote herein and who must themselves be qualified for the particular office as provided for in

these By-Laws;

(b) Have attended a minimum of five (5) monthly meetings of the Branch within the

twelve (12) months prior to the close of nominations for the election;

(c) Attain the post-enrolment qualification requirement for the affected office as at

the date of the election as follows:

(i) Chairman and Vice-Chairman, ten (10) years;

(ii) Secretary, Treasurer and Financial Secretary, seven (7) years

(iii)Social Secretary, Publicity Secretary, Welfare Secretary, and Provost, five (5)

years; and

(iv)Assistant Secretary, three (3) years.

(d) Be a financial member of the Branch and shall have paid his/ her bar practicing

fees and annual branch dues as and when due for the three (3) years preceding the

election, inclusive of the year of election.

Guess what?

S. 14(2) of the NBA UNIFIED BYE-LAW provides thus: 

"In reckoning post-call years, a person shall be regarded as having attained a post call 

year on each succeeding anniversary of his/her call to the Bar and not sooner."

Consequently, item 7 of the guidelines is void and liable to be struck off against the clear and unambiguous reading and interpretation of the Bye-law, 2021.

3) Also worthy of note is that item 8 of the purported guildines states thus:

 '"a candidate shall have not less than seven (7) years post enrolment experience, if he is contesting for the offices of Secretary, Treasurer, Financial Secretary, Social Secretary, Publicity Secretary, Welfare Secretary and Provost''

However, Section 14 (1) (c) of the Unified Bye-Law, 2021, provides that a member shall attain five (5) years post-enrolment qualification requirement for the offices of 'Social Secretary, Publicity Secretary, Welfare Secretary and Provost'.

Simpliciter: Only Secretary, financial secretary and treasurer require 7years Post-call

While

 Publicity Secretary, Provost, Welfare Secretary and social secretary require 5years post-call

Thus, in variance with the above cited provisions of the Unified Bye-Law, the Electoral Committee's item no. 8 of its guidelines, dated 31/3/2023, will have one irresistible, but avoidable effect that, members who may have had interest to contest and have attained five (5) years post-enrolment qualification, and are ordinarily qualified to contest for the offices of 'Social Secretary, Publicity Secretary, Welfare Secretary and Provost' by virtue of S. 14(1)(c) would now be illegally foreclosed in the circumstance by reason of the purported item.8 of the Guidlines. THIS IS DISENFRANCHISEMENT! 

4) Item 17 of the said guidlines introduced extraneous matter against the obvious contemplation of S.15(1) of UNIFIED BYELAW, 2021; hence,  item 17 of the guidelines is void and unconstitutional. 

Item 17 of the guidelines reads: "A member shall only be eligible to vote if he has paid his annual practicing fee and bar dues/levies as and when due for the a period of two (2) years preceding the election or since enrolment (if less than 2years post-call),  provided that a voter shall have attended a minimum of five(5) monthly general meeting of the Branch within the twelve (12) months preceding the date if election, EXCEPT FOR NEWLY CALLED/NEW MEMBERS"

NOTE: The extraneous matter-- "...except Newly Called/New members" is nowhere to be found anywhere in the NBA UNIFIED BYE-LAW, 2021.

Thus the right law is provided in S. 15(1) of the Byelaw, 2021, and it provides thus:  S.15(1): to be eligible to vote, a member shall be a financial member of the Branch and shall have paid his/her bar practicing fees and annual branch dues, as and when due, for the two (2) years preceding the election or since enrolment, if less than two (2) years postcall and shall have attended a minimum of five (5) monthly general meetings of the Branch within the twelve (12) months preceding the date of the election."

Note: The exemption has already been provided in that s.15(1)for those under 2years post-call which is their Payment of BPF/Dues and their MANDATORY FIVE(5) BAR ATTENDANCE

Hence, there is no need for SPECIAL exemption as created by item 17 of the said electoral guidelines of the eleco committe, hence unconstitutional!

GUESS WHAT??? The most important provision of the NBA BYE-LAW is engraved, concisely and unequivocally in S.15(3)

S.15(3) provides thus:

" No provision of this Bye-Law relating to qualification to vote and be voted for shall

be waived by any person, the Branch, its organs, or committee set up by the Branch."

Also note, the ELECTORAL COMMITTEE is NOT ALLOWED and CANNOT to publish any guidelines different from what it is provided in the Bye-law

S. 16 of the UNIFIED BYE-LAW, 2021 provides thus:

"Not later than Ninety (90) days to the date of the election, the Electoral Committee...shall publicize the provisions of the Bye- Law relating to eligibility to contest and eligibility to vote and also issue election and campaign guidelines..."

Note: the purport of that section is for any electoral committee of a Branch to extract and publish the same electoral guidelines already provided in the law, not a different electoral guidlines (This is one of the reasons, the law is called a "UNIFIED BYE-LAW" made for ALL branches of NBA.) 

5) That the insistence of the Eleco chairman to circumvent S. 15 of the byelaw is made manifest in his item 17 of the purported guidelines. It is never on record that the Uyo monthly Bar meeting has recorded the large number of new members especially corps members like the way it happened on the 31/03/2023. Forty-five (45) corps members from different localities of the state attended the Bar meeting on the said 31/03/2021. This sheer attempt to waive a constitutional requirement of FIVE (5) MONTHLY BAR MEETING ATTENDANCE for the corps members can only comfortable lead to one irresistible conclusion that the partisan electoral committee Chairman who has enjoyed the indulgence of the Bar chairman, is bent on paying deaf ears to the people's will and a sideline of the law,  hence mocking the entire electoral process. This is no different from a sham and electoral fraud. May God not allow this unquenchable thirst for illegality! A copy of Minutes of Meeting of Uyo-Bar dated, 28/04/2023 is hereby attached and marked as Annexture-B,  with particular reference and reliance on page 10 of the said Minutes. 

6) That the purported guidelines had fixed the 03/05/2023 as the last date for the purchase and submission of nomination forms;  however instead of the Eleco chairman to publish the New Guidlines/Amended Guidelines as unanimously resolved at the 28/04/23 Monthly Bar Meeting in line with Sections 15, 11, 14, 14(2), 15(3), and 16 of the NBA UBL, the chairman rather has refused, belittled the decision of the Elders and other colleagues who spoke at the meeting, he stampeded the resolution of the house for new/amended guidelines ONLY to resurface in a week's time with a TIMETABLE of the election which the said timetable is NOT predicated on any guidelines . A copy of the said timetables is hereby attached and marked as annexture-C

7) The chairman of the Electoral committee is bent on circumventing the law and the ultimate will of the General meeting who had resolved to have a new/amended electoral guidelines against the purported one published on 31/03/2023 and 6/05/2023.A copy of letter to Elders of the Uyo-Bar for local remedy and copy of petition to the Ekanem Ekanem-led Electoral committee is hereby attached and marked as Annexture-D1 and D2

Notwithstanding the above, chairman of Electoral Committee,  Ekanem Ekanem,  Esq.,  keeps enjoying the support of the Uyo-Bar Chairman, Ememobong N. Udoh, Esq.,  to stampede on the law and the will of the people. This broad daylight rape of the rule of law and bad precedence must not stand,  lest it might plunge the Bar to chaos, dark ages and a yonder of avoidable qualms. 

Consequently, below are my prayers:

1) Most respectfully sir, premised on the above letters of the law and to forestall chaos, impunity and a negate of the ultimate motto of our NBA, I pray the President and NBA NATIONAL, very solemnly, to take over the electoral processes of Uyo-Bar, relieve the Electoral Chairman, Ekanem Ekanem, Esq.,  of his duty for obvious partisanship. His close affinity with the Uyo-Bar Chairman was well cemented when he was the Electoral chairman that brought in the current Uyo-Bar Chairman, Ememobong N. Udoh, Esq., after disqualifying the lone opponent for not meeting the regulated bar attendance to contest elections; hence no surprise his re-appointment was objected to by Eze Ibe, Esq., and the grumblings and murmuring of Bar members which same was OVERRULED by the chairman of the Bar for obvious reasons.The stepping aside of the electoral chairman,  Ekanem Ekanem, Esq., will ensure honour, fairness and justice to all parties, lest the would-be election is already a script, stage-managed by the current eleco chairman who obviously enjoys the support of the Uyo-Bar chairman against a lose-faded and lost battle for opponents. 

2) Pass a Vote of No Confidence and disciplinary measures against both Uyo-Bar Chairman, Emembong N. Udoh, Esq.(Aguda) and Electoral Committee Chairman, Ekanem Ekanem, Esq., respectively for highhandedness, interfering and meddling with the electoral processes in blunt and sheer disrespect and disregard to Sections 11, 15(3) , 16(1) hence, belittling the motto of NBA in stampeding the rule of law

3) Such other actions our revered Learned Silk,  Y. C. Maikyau (OON) and NBA NATIONAL may make to forestall the imposition of impunity, a record of bad precedence, a poke in the eyes of rule of law and a stampede on the wills of the people, within the electoral timeframe. 

The motto of NBA seeks to preserve and protect the Rule of Law. No man, especially, lawyers cannot and should not be found wanting in this regard. 

Thank you. 

Sign.... 

ENCL:

1) The purported Electoral Guidelines dated 31/03/2023

2) Copy of letter to Elders of the Uyo-Bar attempting Local remedy against the conduct of the Ekanem Ekanem-led Electoral committee 

3) copy of a Stand-alone ELECTION TIMETABLE Not predicated on any guidelines or known law  in Compliance with S.16(1) of NBA UBL, 2021.

4) Minutes of Uyo-Bar Meeting dated 31/03/2023

5) Copy of petition to the Ekanem Ekanem-led Electoral committee against the purported electoral guidelines