FINALLY NBA APPEALS C’TE ISSUES GUIDELINES FOR DISQUALIFIED ASPIRANTS – CITY LAWYERS MAGAZINE

The National Officers’ Election Appeal Committee (NOEAC) has finally issued guidelines on how disqualified aspirants can appeal their disqualification to the Electoral Commission of the Nigerian Bar Association (ECNBA).

CITY ATTORNEY had noted that many disqualified aspirants were in a dilemma as the NOEAC had not released appeal guidelines more than 48 hours after the final list of candidates was published by the electoral body.

While the ECNBA publication is dated May 3, 2024, the NOEAC publication on the guidelines is dated May 6, 2024. All aspirants may have received their notifications by May 3, 2024.

In accordance with Part IX of the Second Schedule to the NBA Constitution 2015 (as amended), the Appellate Body wrote: “Any candidate who has been disqualified by the ECNBA in respect of his nomination or Candidacy may, within seven days of the notification of the decision , appeal to the NBA-NOEAC.”

The Election Commission had stated in a notice on its “final” list of candidates that “disqualified candidates may wish to exercise their right to appeal against the decision under Part IX, 2nd Schedule of the NBA Constitution 2015 (as amended in 2021).”

Among those disqualified by the electoral body for miscellaneous reasons are Joyce Oduah, Caroline Anze-Bishop, Sabastine Anyia, Osamuede Asenoguan, Mohammed Tsav, Chukwuemeka Mbamala, Felix Ashimole, Henry Chiduabo, Adejorin Abiona, Wahab Muhammed, Dhikrullah Balogun and Ibekwe Nkiru.

Research by CITY ATTORNEY showed that while most candidates are keen to appeal the Election Committee’s decisions, the delay in releasing the guidelines left them clueless on how to file their appeal.

The situation was further aggravated by the fact that the NOEAC, which was appointed last April by NBA President, Mr Yakubu Maikyau SAN, did not disclose any physical or email address through which candidates can reach the Appellate Body.

Although most aspirants had told CITY ATTORNEY the weekend they had started processing their appeals, the lack of information about the appeal guidelines had left them confused.

At least one disqualified aspirant said so CITY ATTORNEY that he had emailed the NBA secretariat to ask about the appeal guidelines.

While other aspirants racked their brains on how to overcome the additional hurdle thrown in their path due to the absence of career guidelines, a disqualified aspirant said CITY ATTORNEY that he should send his appeal to the personal email of the chairman of the committee.

Another aspirant said he would have to travel to Abuja by Wednesday to physically submit his appeal, in the absence of any guidance from the appeals committee. His words: “There is no email to appeal. It means we have to go to Abuja to file a report. Today we are stuck at home (in the southeast). I hope to be in Abuja tomorrow or Wednesday (to file the appeal).”

Yet another concerned aspirant said, “Maybe I will send the hard copy through the (NBA) President National Secretariat.

“The commission should have issued these guidelines well before the publication of the list of qualified and disqualified candidates.

“I also believe it is necessary to amend our Constitution in such a way that the appeals process is completed before a list of approved and disqualified candidates is published once and for all.”

Part IX of the Second Schedule to the NBA Constitution reads as follows:

1) “Any candidate disqualified by the ECNBA in respect of his nomination or candidacy may appeal to the Electoral Commission within seven days of notification of the decision.

2) “The Election Appeal Committee, upon receipt of an appeal filed by a Candidate in the manner indicated above, shall hear the appeal and make a decision thereon within fourteen (14) days. Such hearing may be based solely on documents, or by physical hearing or hearing through an electronic medium.

3) “The decision of the Electoral Commission on any appeal filed by a candidate shall be final and binding on the parties.”

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