Option of parallel lawyers’ associations outside NBA is not illegal —Akintola, SAN

LANRE ADEWOLE sought the views of leading Silk, Chief Niyi Akintola, on the just-concluded Nigerian Bar Association (NBA) election, and its surprises and controversies.

The concluding part of Egbe Amofin communique on the just-concluded NBA election, which you co-signed, sounded like a threat. In clearer term, are you saying South West lawyers would float a parallel association as a last resort?

Certainly not. The conclusion was never a threat and it can never be. In the first place, to be a member of NBA is voluntary. It is a free association of lawyers called to the Bar in Nigeria but none can be compelled to be a member. Secondly, the constitution of the Federal Republic of Nigeria 1999 as amended, guarantees freedom of lawful association and freedom of assembly. Thirdly, law associations in the Western World, especially, the United Kingdom which happens to be our colonial master country, are not unified. There are many law associations in Britain, there are many such associations in the United States of America and even in Canada, to mention but a few. Also back home here in Nigeria, membership of chartered accountants in Nigeria is not limited to the respected body, ICAN. We also have ANANS, another recognised body of chartered accountants and I understand that the registered bodies of architects are up to four. So, it is not strange if somewhere along the line, there emerges many more associations of Nigerian lawyers outside the NBA. There is nothing strange or illegal about such move but whether the climate within the Nigerian space is clear for that now is a matter of opinion and the Egbe Amofin, to the best of my knowledge, is yet to take a decision along that line.

You claimed about 13,000 accredited voters were disenfranchised, which should have warranted a delay in the announcement of the results that produced the president-elect and his new team. Since all accredited voters must not necessarily vote in an election before the poll is closed, do you have definite complaints of high number of lawyers who wanted to vote and couldn’t?

Regarding your second question, the website of the NBA stated quite clearly the number of disenfranchised voters and even the most-maligned INEC, that is, the Independent National Electoral Commission, would not commit such a blunder where a sizeable number of disenfranchised voters would not be taken into account in computing the figures for winners and losers in any election. I think every literate and articulate Nigerian has come to terms with that norm of our electoral practice. The number of disenfranchised voters duly verified was slightly higher than 40 percent as confirmed by the NBA website. Even in my Ibadan office, five of my colleagues out of 14 of us who assembled to vote on election day could not do so. Dr Akin Onigbinde, SAN, could not vote even after making frantic efforts to do so and three of my colleagues in my Abuja office could not vote as no link was sent to any of them. These  are verifiable facts and there is no point playing the ostrich over the issue.

E-voting is a recent experiment for the association. Don’t you think the leadership should be allowed a margin of error that is usually accorded technology, since e-election is the future which nearly everyone is clamouring for?

E-voting, being a new innovation, should be aboveboard and the essence of the creativity should be justified. For the third time running. It has failed. We first experimented it in 2016, it ended in litigation and again it was tried in 2018, it ended in multiple litigations and even criminal trial of some colleagues for cyber crime and now 2020, a mitigated disaster, the end of which no one can predict.

What do you think accounted for the huge interest in this year’s election, considering the unprecedented voting population? Does it have to do with terms being thrown around; coup, revolution, not-too-young-to-run, et al?.

The interest in this year’s Bar election is not greater than what we had in 1992 and if you ask me, the percentage of verified voters in this election is less than the number of accredited delegates in years past when we were using all comers and delegate system. What is 29,000 verified voters, compare to over 200,000 qualified members of the Bar?

Since Egbe has taken a position on the election and made requests, what would the Yoruba bloc be doing if Olumide Akpata’s victory is upheld? Is there any likelihood of a boycott of NBA activities?

As regards our possible position if the complaints of Egbe Amofin failed to get the required attention, all I can say for now is that, we shall cross the bridge when we get to the bank of the river.

Do you want to react to Chief Adegboyega Awomolo’s letter and how it impacted the outcome of the election?

I wouldn’t know what impact, if any, Chief Awomolo’s letter had on the election. Our complaints addressed the process of the election and not the outcome and the contestants.

There were lots of issues on the management of the process leading to the election. At a point, even the eventual winner complained about perceived constitutional infractions and seeming unpreparedness of the election umpire. Why didn’t any of the  aggrieved parties involve the judiciary before the main exercise?

Well, I wouldn’t know why none of the participants in the election fought shy of involving judiciary even though, as rightly pointed out by you, practically all of them faulted the processes leading to the election.

In the spirit of inclusion being preached everywhere,  would it be fair to leave the Diaspora out of the voting equation, since the Egbe is criticising their involvement by the current leadership which allowed them to participate in the just-concluded election?

The spirit of inclusion you alluded to in your question sounded, with due respect, like sophistry. It is akin to the malady that has been taking this country round and round but to no place in particular. It is that evil called ‘compromise’. Where has it led us as a country? Seeking temporary reprieve in the face of evil? Enough of patching up of ill-constructed edifice with faulty foundation. It would still collapse with dire consequences for the occupants. Let us, for once, learn to confront evil when we notice its emergence. Let us stop taking solace in temporary advantage and temporary gains. Yes, standing up for principles and what is just, bring serious pains in the short run but its gains are lofty and long-lasting legacies and on that, the noble and the just should stand.

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