According to report of the NBA Branch Elections Appeal Committee signed by its Chairman, Ndukwe Nnawuchi, SAN, FCArb and Secretary, Amaka Ezeno, MCIArb, Uwem Uko Umoh, Esq is 9 years at the Bar and will only attain 10 years post call on 28th November 2023 and that NBA Uyo Electoral Committee is directed to “remove the name of the said Uwem Uko Umoh from the list of eligible candidates for the forthcoming election of NBA, Uyo Branch to contest for the post of Chairman.”
Excerpts from the report reads;Our Committee having thoroughly evaluated all the facts contained in the aforesaid petitions and the response of the respondent has come to the following conclusions:
By the corroboration of the Respondent, as submitted by the Petitioner, Uwem Uko Umoh, Esq. was called to the Bar on 28th day of November, 2013 and will attain 10 years post call on the anniversary of his call, that is, on the 28th day of November, 2023 in-line with the Third Schedule to the NBA Constitution, 2015 as amended in 2021 which is the NBA Uniform Bye Laws for Branches which in S. 14(1)(c)(i) provided that to be eligible to stand for election into an office, a member shall attain the post-enrollment qualification requirement for the affected office as at the date of the election as follows: Chairman and Vice Chairman, ten (10) years.
S. 14(2) of the said Bye Laws further provided that in reckoning post call year, a person shall be regarded as having attained a post call year on each succeeding anniversary of his/her call to Barand not sooner.
This position is further strengthened by the clarification of the General Secretary of the NBA’s letter dated 16/5/23.
The Respondent acted ultra vires when he unilaterally read a different meaning into the plain wordings of Article 14(2), contrary to Article 15(3) which provides that no provision of the said Bye Laws relating to qualification to vote or be voted for be waived.
That Olumide’s case (supra) is distinguished from this instant case as it has to do with payment of Bar Practising Fee and the inclusion of the said year of call must be read to commence on that month and year of call and complete its circle of one year at the anniversary of the said call for purposes of eligibility to vote or be voted for in Branch elections.
By the said provisions of the said Bye Laws, the said Uwem Uko Umoh, Esq is 9 years at the Bar and will only attain 10 years post call on the 28th day of November, 2023, for the purposes of eligibility to contest in the forthcoming Branch elections for the post of Chairman so he is not qualified to contest for the said chairmanship in the forthcoming election of NBA, Uyo Branch.
We therefore hereby set aside the said qualification of the said Uwem Uko Umoh and direct.
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NBA, Uyo Branch Election Committee headed by Ekanem Ekanem, Esq to remove the name of the said Uwem Uko Umoh on the list of eligible candidates for the forthcoming election of NBA, Uyo Branch to contest for the post of Chairman.