Full Text Of Felix Chukwuma Ashimole’s Dismissed Appeal

The Chairperson,​​​​​​​​
National Officers Appeal Committee
Of the Nigerian Bar Association,
NBA National Secretariat,
FCT Abuja.
Sent by email: electionappeal@nigerianbar.org.ng

Dear Madam,
I acknowledge the receipt of your letter today Saturday June 4th 2022 and reply thus:

1. My 1st nominator, Mr. Mohammed Iyorember Tsav, did pay at as when due, his NBA Bwari Local Branch Due for 2021 on or before March 31st of the year 2021.
2. When I submitted my nomination form in a sealed envelope in line with ECNBA’S guideline, the said receipt was attached alongside other document.

3. That ECNBA opened the said sealed envelope in my absence, no agent of mine was present, no video of the opening was made and shown to me. Ma, I duly submitted the 2021 NBA Bwari dues of Mr. Mr. Mohammed Iyorember Tsav, who is a past chairman of NBA Bwari (2017-2019) with whom I served the Bar as Secretary and NEC member.

4. The disqualification was not based on my nominator not paying as at when due. Section 4(c) and part iv (10) of NBA constitution relied on by ECNBA “… shall have paid their practicing fees and Branch dues”. Mr. Mohammed Iyorember Tsav, paid all dues required by the NBA constitution to be able to be as qualified as I am, to contest for the office of Publicity Secretary.  

5. I am aware that Mr. Mohammed Iyorember Tsav, had written ECNB on this, clarifying that he paid as at when due and that I collected his documents coupled them in the presence of witnesses, including a past chairman of my Branch; NBA Bwari.
6. On the alleged “fuss” I made with regards to beingdisqualified for Assistant General secretary as against the office of Publicity Secretary: The ECNBA woke up to this grave error after I had Appealed to your Committee, copied them and the public become aware of it.
7. It is unheard of that after Appeal had been entered, notice of served on all parties and the appellate court, records certified and made public document that the decision being Appealed, be it as a result of clerical error that occasioned miscarriage of justice or outright failure of the lower court to know the law or mistakenly (sic) applied the wrong section of the law, the lower court CANNOT amend such decision or judgment.

The amendment is overreaching, unjust, unfair and against the principle that there must be
an to litigation. Amendment of processes after judgment or interlocutory ruling had never been heard of or are parties allowed to bring in new facts at Appeal that was not canvassed at the lower court without leave of the Appellate court.  
8. The ECNB kept mute in their unfair treatment meted out to me. They have not ensured that no action or activity taken by them did not give my rivals undue advantage.  First, the Secretary of the Committee, sent email to oyimnatumba29@yahoo.com instead of my email oyimnatumba92@yahoo.com; the email address they used to send me link for the zoom meeting of 10th May.
Furthermore, the email from the ECNBA of 28th May, 2022 gave me wrong email address to send my Appeal to. Instead of electionappeal@nigerianbar.org.ng, the Secretary sent me electionappeal@nigerianbar.org I would have been wondering in the “fuss” that Appeal Committee refused to hear my Appeal, not knowing that ECNB orchestrated it so.

OLUFUNMILAYO ROBERTS, C.Arb.  NBA Election Appeal Committee Chairperson.

Dear Ma, I was wrongly disqualified. I submitted the local dues of 2021 of my 1st nominator. The sealed envelope was not opened in my presence, no zoom meeting was arranged but after they opened my envelope, frisked  through my form they arranged a zoom meeting on 10th of May to inform me that my 1st nominators receipt for 2021 local Branch dues was not attached. At the zoom meeting, I expressed shock at this “allegation” and insisted that it was attached.

I pray the Appeal Committee to reverse this unjust disqualification as attachment of evidence of payment is not same as paying as when due. Mr. Mohammed IyoremberTsav, paid his 2021 NBA Bwari 020 local due as at when due, through Guarantee Trust Bank and receipt issued him by the Branch before 31st day of March, 2021.

My campaign to sacrificially serve the Bar as Publicity Secretary, has suffered, the winning momentum I gathered in a short time, is fast diminishing and I dare say, this was the intent of some forces within ECNBA by deliberately throwing a clog in the wheel of my campaign.

My teeming supporters on the voters list released by ECNBA are restive and restlessly waiting for this Appeal to be resolved in my favor, so that we can run a true digitalized campaign in line with the guidelines published by ECNBA.

Accept the assurance of my highest professional regards.
©Felix Chukwuma Ashimole, Esq.

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