The Nigerian Bar Association (NBA) is widely regarded as the “Conscience of the Nation.” This epithet was not thrust on the Association but was gained through years of struggle for the rule of law, transparency and accountability.
Lately however, that epithet is increasingly becoming a moral burden on the conscience of the Association itself. Or how else does one explain the fact that every biennial general election conducted by the Association has been riddled with allegations of rigging and misfeasance? For a profession that is built on integrity and the highest level of ethical conduct (which it not only preaches to its members – especially young lawyers – but in fact punishes them for going astray), the biennial odium that NBA Elections wrought on its once pristine name and brand should be of deep concern to its Trustees, the Executive Committee, past leaders, National Executive Council (NEC) members, and indeed all NBA members.
It was recalls that it was the leadership of Mr. Augustine Alegeh SAN that engineered the electoral reform that brought about universal suffrage in NBA Elections and dumped in the waste bin of history that much abused and corruption-ridden Delegates System. The Alegeh Administration continues to receive high praise for that bold and forward-looking step. Ironically, that regime – of which current NBA President, Mr. Afam Osigwe SAN was an influential member, as General Secretary – also brought about the perennially controversial electronic voting system which has now been riddled with the same allegations of abuse and malignant corruption that beset the Delegates System.
While election rigging has been the most odious albatross against electronic voting, it needs be said that it is not the only handicap proponents of electoral reform have advanced against the system.
It is highly ironic that NBA is an election watchdog which routinely monitors Nigeria’s general elections and occasionally issues strident condemnation of the elections while its own elections are routinely smeared with allegations of rigging. This clearly weakens NBA’s moral standing in such matters and makes its condemnation sound hollow. This biennial shame whereby the NBA is always in the news for the wrong reasons must stop.
This is where the ongoing NBA electoral reform becomes relevant, as it presents a golden opportunity for the ‘Golden Boy’ (as his admirers call him), Mr. Afam Osigwe SAN and his administration to write its name in gold by engineering a framework that makes allegations of rigging in NBA Elections history.
It is recalled that the first NBA National Officers Election that was conducted in 2016 on the heels of universal suffrage and electronic voting was beset by allegations of rigging. The source recalls that a major contender in that election, Chief Joe-Kyari Gadzama SAN challenged that election in court. Though the lawsuit was unsuccessful, the mere fact that an allegation of rigging could be made against an NBA Election was deeply unsettling for many stakeholders, not least NBA members.
A more graphic imprimatur was imprinted on the allegations in 2018 when, to the embarrassment of many members, the Economic and Financial Crimes Commission (EFCC) was unwittingly invited to ‘meddle’ in the Association’s internal matters, no thanks again to allegations of a rigged election. Perhaps for the first time, and given its overriding investigative powers, the Commission was able to set out the bolts and nuts of the alleged rigging machinery, ultimately filing criminal charges against some persons. Though the charges were dismissed, the entire incident left the Association exposed and highly diminished in stature and standing among stakeholders.
If stakeholders thought that the macabre EFCC dance would reset NBA’s electoral fortunes and remove every toga of alleged rigging, they were wrong, as the cankerworm simply refused to go away. Though adjudged as generally free and fair – perhaps due to the increased vigilance of key stakeholders – the 2020 Election also came under the searchlight for alleged rigging. At least one presidential candidate petitioned to the NBA Trustees. Again, the petition came to naught.
In 2022, the allegation of rigging resurfaced, as the election was rejected by at least one presidential candidate (Gadzama) for alleged rigging and misfeasance.
In 2024, we were back on a now familiar turf. In fact, things took a more dramatic turn when one of the presidential candidates withdrew from the election in the middle of voting, citing alleged irregularities. Of the three presidential candidates, at least one is still in court challenging the outcome of that election for which current NBA President Afam Osigwe SAN was declared winner.
Clearly, NBA cannot continue to hide its head in the sand like an ostrich and pretend that all is well with its general elections. The fact that virtually every presidential candidate since 2016 has levied allegations of rigging against NBA Elections is indicative of a deeper malaise. Can all the presidential candidates be wrong and merely crying wolf?
More importantly, this biennial plague has become a moral burden on the conscience of the Association. The collective odium wrought by these allegations does grave disservice to all NBA members in the standing of their clients and other stakeholders. It must be resolved in a way that is acceptable to all stakeholders. A ‘conscience of the nation’ with a blighted conscience is not only a moral fraud but an unsustainable pack of cards waiting to implode.
The spectre of the amorphous ‘New NBA’ and the nascent Nigerian Law Society must not be lost on members. Are these fallouts of perceived or real injustice occasioned by a much maligned NBA electoral system? How does alleged rigging impact quality leadership recruitment in NBA? At least one former presidential candidate, Dr. Babatunde Ajibade SAN told the source that he would not contest the 2026 NBA Presidential Election due to the challenges that bedevil NBA’s electoral process. It has gathered that at least one presidential aspirant may pull out of the 2026 NBA Presidential Election unless the current electoral reform secures the ballot and ensures the outcomes of NBA Election are indeed the will of NBA members. These issues should trouble NBA members as the Annual General Meeting (AGM) embarks on another round of electoral reform tomorrow.
Many stakeholders believe that the clamour for backend access to the electronic voting framework will assuage all allegations of rigging in NBA Elections and exorcise the ‘Invisible Hand’ that allegedly thwarts the will of NBA members. And the question is, why not? Who is afraid of a framework that gives all candidates increased comfort that they are not being blindsided, that the outcomes of the electoral process are above board – moreso when the spirit and letter of the NBA Constitution emphasize transparency and openness? The opaqueness that currently characterize NBA Election must give way to a more open and transparent system that reassures all stakeholders, especially the candidates. The NBA can no longer hide under legalese of ‘data privacy’ and sundry technicalities to defeat increased transparency in its elections. It is both self-defeating and unsustainable.
It is noteworthy that Part X of the NBA Constitution provides that “The results of (the) elections shall be announced within twenty-four hours of the conduct of elections upon collation and VERIFICATION (emphasis supplied) of the votes.” As things stand, it is unclear whether in fact this constitutional mandate is being carried out. If yes, how? Also, Part II of the NBA Constitution makes provisions which dwell heavily on the need for “transparency,” “openness,” “truthfulness” and “honesty.” These values are antithetical to opaqueness for which the Electoral Committee of the NBA (ECNBA) occasionally stands accused. In particular, Paragraph 8(f) of Part II of the NBA Constitution provides that:
“The ECNBA shall display openness and transparency in all its activities and in its relationship with all members, particularly the candidates for the election, and shall ensure the following:
“Make freely available and in a timely manner the information on which each decision was based.
“Arrange EFFECTIVE (emphasis supplied) and reasonable access to relevant documents and information within the framework of the Constitution of the Association.”
The task before the Annual General Meeting is simple: it must hammer out a robust verification framework and or backend access that is acceptable and reassuring to all stakeholders. The alleged attempt by the so-called ‘hawks’ to defeat this noble task must be defeated.
The source calls on NBA Trustees, the NBA President, past NBA Presidents and Secretaries, NBA Executive Committee members, National Executive Council (NEC) members, and indeed the Annual General Meeting to deliver on this task tomorrow. The ‘Conscience of the Nation’ is bleeding profusely. The time to stop that bleeding is now!
