Why the NBA Votes for E-voting in the 2016 General Elections
The just concluded National Executive Committee of the Nigerian Bar Association (NBA) meeting in Jos, Plateau State had one major resolution that from Thursday, February 18th 2016 the ban on the campaign for National offices was lifted, this is three months earlier than it used to be. In his inaugural speech as the NBA President on Friday, August 29 2014, in Owerri, Imo State Augustine Alegeh (SAN) stated that he would press for e-voting within the electoral system in the NBA polity; he announced that in line with section 9 (4) of the NBA Constitution (Amended and adopted at the Annual General Meeting held in Abuja on 27th August, 2015) “Election into National Offices shall be by universal suffrage and Electronic Voting as set out in the Second Schedule.”
In its reasons for recommending e-voting the Dr. Garba Tetengi (SAN) led NBA Constitutional Review Committee stated that “this will encourage transparency and widespread acceptance of the outcome of the election and obviate needless controversies which tends to distract from the standing of the NBA as a leader in the fight against electoral malfeasance. Instructively, the efficacy of evoting has now been eloquently demonstrated by the Nigerian Society of Engineers (NSE). The age of technology is gradually making our approach to life easier and simpler and therefore the NBA must take full advantage of technological advancement to make it 21st century compliant”
The committee added that “Interestingly lawyers are social engineers who should ordinarily engineer changes in the society. If the physical engineers have found succor in the e-voting system and have made their electoral system easy and convenient, there is no reason for lawyers to shy away from e-voting and technological changes that will make voting at NBA National Elections convenient and free and fair.”
The 2016 National Elections will also be by universal suffrage based on the recommendation of the committee which observed that “the delegate system of electing National Officers is not only undemocratic and a breeding ground for Corruption and undue influences, but that the system has outlived its usefulness and relevance. The committee therefore had also deemed it necessary to recommend the system of universal suffrage in the belief that with workable system of our database where lawyers can easily be identified by their enrolment number, the fear that non-lawyers would vote at the NBA National elections is allayed”.
The NEC meeting was first addressed by the Chief Judge of Plateau State, Hon. Justice Pius Damulak who was ably represented by Hon. Justice Y. G. Dakwak.
Damulak who had on the eve of the meeting hosted a cocktail party at the venue of the event, Crest Hotel and Gardens Jonah Jang Way, Jos noted that “This meeting will not only allow for stock taking but would also enable us make a brief reflection on the past and consider the prospects and challenges ahead. I know the Bench and the Bar are inseparable partners in the administration of justice. Therefore the legal profession is treated as one in this respect. In fact in Plateau State, there has been a harmonious relationship between the Bench and the Bar.
“As you settle down for your meeting, I call on you to bring up suggestions that will improve on our Rules and fast track justice dispensation. As partners, I also challenge you to come up with constructive suggestions on improving the legal framework for our Election Petitions Cases, the fight against corruption and how to take legal profession to the next level in the country. I also challenge you to come up with ideas that will guarantee and sustain judicial independence in the country. Finally, I want to assure you that peace has completely returned to Jos. Therefore take some time to enjoy yourself on this memorable event.”
In his address, Alegeh took time to list his achievements since he came to office in 2014 to include but not limited to introducing the following initiatives: NBA Stamp and Seal Policy, NBA Practice License, NBA Insurance Policy, and NBA Identity Cards.
The significant events he organised are as follows: NBA Human Rights workshop on Human Rights in times of conflicts on Monday, November 30, 2015 in Maiduguri, Borno State, Yearly dinner for the New Senior Advocates of Nigeria (SAN); Dinner in honour of Justice John Afolabi Fabiyi CFR and Justice Muhammed Saifullahi Muntaka-Coomassie CFR both retired Justices of the Supreme Court, Celebration of Anti-Corruption day, Human Rights Day and the historical fact finding trip to Zaria, Kaduna State to investigate the recent violent clash between the Nigerian Army and members of the Shiite Muslims Sect on January 18, 2016.
Alegeh also told his audience which included the host Governor, Simon Bako Lalong and his Bauchi State, counterpart, Mr. Mohammed A. Abubakar and the former Chairman, Body of Benchers and the First female General Secretary of the NBA, Mrs. Hairat Balogun, that before the end of his administration in August 2016, the following events and programmes are coming up; Legal Study visit to the International Criminal Court (ICC), Hague (February 22-25, 2016); African Bar Leaders’ Summit in Lagos from April 10-13, 2016, a workshop on the review of the Performance of the Election Petitions Tribunal; a One Day Workshop on Petroleum Industry Bill (PIB), the Legal Education Summit and the State of the Nation Roundtable, all for April 2016.
On the state of the nation, Alegeh expressed his views on the Boko Haram Insurgency, Naira Devaluation, Corruption, Election Petition Verdicts, appointment of New Justices to the Supreme Court, he advised that deserving Senior Advocates of Nigeria (SAN) should be appointed to the Apex court and he also discussed the attack on Lawyers,
On corruption, he noted that “the war against corruption is raging on several fronts. The NBA restates its zero tolerance for corruption policy as well as its commitment to work with the Federal Government of Nigeria and all willing Federal Government Agencies to contribute its quota in the battle to kill corruption before corruption kills Nigeria.
“We must also stress that the war against corruption must be fought within the ambit of the law and the rule of law must at all times be given primacy. The war against corruption can be won within the ambit of the law. There is no need to resort to any other means other than legal means to win the war against corruption.
“There appears to be the need to draw attention to the essential elements of a proper trial in accordance with law. There must be a Prosecution and a defense. If one is absent there cannot be a fair trial. The duty of the Prosecution is to Prosecute not persecute. The prosecution has a duty to the temple of justice to bring all facts before the Court even if some may aid the defence. Where the prosecution is found to have withheld any such evidence, any conviction obtained is liable to be set aside. The duty of the defence is to present the defence of the Defendant and not to make up a defence for the defendant. Where this happens, counsel risks disciplinary sanction, if reported.
“I have labored to draw attention to this position in view of the erroneous view being wrongly peddled by some persons that lawyers in defending persons accused of corruption are aiding corruption, far from it. Counsels have a duty and are trained to prosecute or defend. Whichever position they may take, are carrying out legitimate duties and cannot be wrongly classified as persecuting or aiding corruption. It is laughable that an agency of government would retain Counsel to prosecute persons accused of corruption but frown at counsel representing such persons. What is good for the goose is also good for the gander.
“Finally, the constitutional guarantee of innocent until proven guilty remains alive and well. A person accused of corruption must be presumed INNOCENT until a conviction is secured. This fine constitutional point appears to be lost to few persons who seem to believe that persons that are accused are already convicted. If it is appreciated that persons accused are constitutionally presumed innocent then their dignity and their human rights must be guarded jealously.”
He promised that the NBA House project in the Central Business District of Abuja “has been completed and finishing works are underway to meet the proposed commissioning date of next month, March 2016.”
Governor B. Lalong in his address noted that; “The NBA has added value to the Legal Profession by ensuring the enforcement of discipline and professionalism of members through accreditation and the issuance of practice stamps. As learned as members of the Bar acclaim themselves to be the highest level of professionalism that will give credence to this claim is expected, you have therefore done the needful with the introduction of practice stamps to check quackery. I must also state that the active participation of the NBA in election monitoring, voter education and public sessions on universal election best practices, have not only strengthened our electoral system, but have gone further to enhance the global acknowledgement of our country’s efforts in ensuring that as an evolving democracy, we get it right, one election after the other. The value of this contribution has openly been attested to by Mr. President at last year’s Annual Bar Conference, and we are living witnesses of same.”
“As an APC Governor and Lawyer, the Bar and the Bench have a critical role to play in making the anti-corruption war a success. We have a duty to ensure that at least we get to a stage, where our common wealth is not flagrantly and arrogantly pilfered, by those who should be held to the highest threshold of accountability. Mr. President’s body language is clear and it is that, it will not be business as usual, and he is fully committed to bringing to book all those who are found guilty. While we submit that the rule of law must be respected in the prosecution of this war, Lawyers as Practitioners in the Temple of Justice and patriotic citizens, must ensure that individually and collectively, we do not constitute ourselves into clogs in the wheel of the progress that is being made, in saving our country from the labyrinth of the plunderers of our common wealth. The sense in this call is that, with our resources rightly mobilised and applied to the assessed needs of our people, not only will we be surmounting the challenges of health care and under-development we are battling with, but we will also be opening up our country, to the multiple opportunities that abound for our socio-economic well-being.
“I must therefore add that we must ensure, through the National Judicial Council (NJC), the Bar and the Bench, to enforce the necessary discipline needed to put a check on the compromises and culpability of our learned Jurists and colleagues at the Bar, who should out of conscience, professionalism and a conscious concern for posterity lead the pact in the fight for the soul of our Nation.”
At the end of the meeting, before it was adjourned to Benin City between June 8 – 10, 2016, Alegeh made the following announcements; apart from the lifting of the ban on campaigning for the next NBA elections, he added that since only Port Harcourt branch bid for the 2016 Annual General Conference, the next conference will be in Garden City, Rivers State during the last week of August.
The NEC also approved the nomination of Chief Ferdinand Orbih (SAN) as the Chairman of the 2016 NBA National Elections. Equally, the office of the second Vice-President which became vacant due to the appointment of Mr. Taiwo Obayomi Taiwo as a Judge of the Federal High Court was filled by popular clamour by former Chairman, Kano Branch of NBA, Aliyu Nasarawa.
The Communique endorsed by Alegeh, considered several issues of urgent national importance including, but not limited to: the anti-corruption policy of the Federal Government of Nigeria; the delay in the payment of salaries and allowances of Judicial Officers and staff; misguided remarks and disparaging utterances by politicians and certain personalities against the Judiciary in order to intimidate or infuse fear; the appointment of Justices of the Supreme Court; the worsening state of the Nigerian economy; the ongoing electricity pricing controversy; the urgent need to set up the NBA Anti-money laundering and Anti-terrorism Financing Guidelines for all lawyers in Nigeria. They were all endorsed by the NEC members.
All in all, the 5th NEC meeting chaired by Alegeh has set the tone for our national polity.