NBA BWARI ELECTION 2023: THE MONEME CAMPAIGN ORGANISATION REPLIES CALEB OWOWO ON HIS DESPERATE BID TO BECOME THE SECRETARY OF THE BRANCH

 NBA BWARI ELECTION 2023: THE MONEME CAMPAIGN ORGANISATION REPLIES CALEB OWOWO ON HIS DESPERATE BID TO BECOME THE SECRETARY OF THE BRANCH

 Our attention has been drawn to the petition  written by one Mr. Caleb Owowo against the aspiration of Mrs Chinyere Moneme.  The author of this frivolous petition is known beyond its writer. While the Moneme campaign organisation is not to engage in the war of personal vendetta, we leave Mr  Owowo and his Paymasters for the public to judge.

Our organisation is  as a measure of our integrity and fairplay in this political space will attack headlong the issues raised in the said petition. 

The starting point is to state very  clearly to our overwhelming supporters  including Young lawyers, Senior lawyers, Women's forum and learned Silks of the branch that the decision of the Electoral Committee of NBA Bwari Branch in clearing our aspirant to contest is lawful and does not offend the provisions of the Constitution of the NBA and does not violate the  Electoral Guidelines for the 2023 Branch's Election or any laws as the time being in force presently.

Be that as it may, it is very clear that the provisions of the  Part IV, paragraphs 1, 4, and  5 of the NBA Constitution (2015 as amended) are  not applicable to the election of the branch's Executive Committee which is governed specifically by the Uniform Bye Laws. 

It is noteworthy that the provisions cited in the petition  strictly  provide for  the National Officers of the NBA otherwise known as National Executive Committee. It is a sad irony, reading from his petition, the  writer's hypocrisy could be gleaned through his unfounded claim that the particular part of the constitution as he cited was adopted at a general meeting of the branch, sometime in 2017. Substantiating this claim with the resolution of that meeting  is another issue for another day. 

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 the NBA Constitution 2015 (As amended).

The combined effect of the provisions cited above indicates that no words can be added to or removed from the Constitution except by amending same at the AGM of the Association by 2/3 of the members of the NBA. It is expressly established that no Bye Law is applicable outside   the provisions of the Constitution. 

 This, nonetheless, aligns with the object of the Nigerian Bar Association as promoters of the Rule of Law. The Petitioner, as an officer of the bar is duty bound to protect the  NBA constitution that he has sworn to not by promoting its infraction by way of unconstitutional adoption of one  section of the constitution that is inapplicable and outrightly objectionable.  Like the old sage would say:

A King is not subject to man but to the law that has made him king.

Having said that, the Bye Law has equally specified by the provisions of Section 15 (3) of (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, the branch, its organ or committee set up by the branch. (the capitalised word is mine for emphasis).

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, as it was also reported that the  nomination of Paul Daudu as the Charman candidate for the Branch's election  was unlawful for he was nominated by the nominators outside his zone and therefore he should be disqualified as such!

It is worrisome, and a dagger blow assault on the collective intelligence of  the entire members of the legal profession for the  aspirant, such as Mr Owowo, who is aspiring for the exalted  position of the Secretary of the NBA Branch, to be engaging in deliberate manipulation, misapplication of the law for the purpose of discrediting  his opponent basically  for selfish  reasons and for having a cheap and unfair advantage over his co-contestant for the same office! 

 Treading this path is another campaign of calumny exacerbated by Mr. Owowo and his cohorts,  is the allegation that the leadership of the branch  is  withholding 2021 receipt of some of the  contestants for unexplainable reason. As if this one is not enough, he went further to say that our Aspirant, a seasoned practitioner did not pay her 2021 Practising fee. This could have been  a  lie from the pit of hell. Our Aspirant, Mrs Moneme did pay her 2021 Practising fee as when due as she has been paying for decades. She did not only pay her practising fees as required by the rules, she equally paid her branch's due and other financial obligations to the branch. It is left for the petitioner and his paymasters to prove same with credible evidence.  

Further on the litany of allegations is the report that the leadership of the branch is using loose sheet of papers for the attendance register. It is curious hearing all these from someone who is not only the Assistant Secretary of the branch but he is in charge and the custodian of the  secretariat, assisting the branch's secretary in that respect, and he is the one levelling these allegations. 

To the discerning minds, the report of withholding 2021 receipt and using loose attendance registers as alleged points to the fact that he has failed his duty as an  officer and the custodian, who is assists the secretary of the branch in his constitutional duty.  Who else is the  cabal ? The only one we know is the petitioner, who is flagrantly abusing his office by leaking wrong information and disseminating falsehoods in a desperate bid to be the secretary of the branch, even, if the heaven falls. It could have been safer for him to engage in healthy debate   on his fitness or otherwise for the post. It is disturbing that the peace of the branch is distorted by the so-called truck of viral petitions pervading the space and  giving us a bad name. Though, the constitution legitimately  provides for the disqualified candidates to  complain to the appropriate channel for redress. One begins to wonder why this right is abused and when the  complaint of a qualified candidate has turned to vilification of his opponent  choking and pervading  the media without cogent and credible evidence to back up his assertions. (The burden of proof lying on he who asserts)

It is our position by virtue of Section 16 (2) of the Uniform Bye Law, the Electoral Committee has satisfied that Mrs Moneme fulfilled all the conditions under Section 14 (1) (supra) and the Electoral  Committee's Guidelines for the 2023 Branch's Election. In all these, there are no provisions for zoning as misconstrued in the viral petition. 

Finally, assuming without conceding that the branch, lawfully or unlawfully, adopted the zoning of the office of the secretary of the branch, or that of the chairman, it is our firm belief that Mrs Chinyere Moneme fits into this arrangement  for she  is from the Eastern Zone for that reason disrupts not the rotation process as an aspirant from that zone for that  position. Why then the hullabaloo? The same applicable to Mr. Paul Daudu who  is contesting clearly unopposed from the Northern Zone.

It is foolhardy to justify the disqualification of these erudite and worthy aspirants on the ground of being nominated from the outside their zones.  Notwithstanding,  if the two nominators   have met the basic requirements regard to (1)  membership, (2) financial obligation to the branch, (3) minimum attendance (4) age at the bar, then, it follows that their nomination of the aspirants is proper in the eyes of the law. 

It is the truth that this election is no exception, we have cases where  the aspirants in the past were nominated outside their respective zones as secretary and chairman without anyone raising  dust on the legality or otherwise of their nomination. They were not only cleared to contest, some were duly elected and served their terms without problem. 

For clarification purpose, the cases of  Mr.Afam Okeke of Unity Bar and that of Adaeze were not applicable in this circumstance. 

Mr. Afam's election was not conducted under the present bye law for the election was conducted in 2010 using  the Electoral Guidelines, which specifically zoned the position as at that time he contested. So, his disqualification was predicated on the then election guidelines not on the present Bye Law governing this present Election. In  the case of Ms 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 from the outside her zone that negatively  affected her qualification. In a nutshell, there were existing laws and guidelines that formed the basis of their qualification . In case of Mrs Moneme and Mr. Daudu, there are none. 

We ask again why is Mr Owowo not interested in allowing the voters make their choice? Is he scared that the First Female of the branch is about to emerge? Why is he so desperate to occupy the position by any means necessary? Is this election a do or die affair?

Our aspirant is in the race. She is intelligent, resourceful, hardworking and a breath of fresh air to the branch. We urge our teeming supporters and the general public not to worry, we are on course and ready to deliver.

Owolona Aako

For NBA. Bwari Election 2023: Moneme for Secretary Campaign Committee.