NBA BRANCH ELECTIONS APPEAL COMMITTEE (EAST) after entertaining 5 appeals from NBA Isiokpo against the decision of NBA Isiokpo Electoral Committee upheld the Appeal of Justina Faith and directed “the Election Committee to include the name of the petitioner, Faith Justina Edmund-Nweneka nee Okachi, Esq., in the list of aspirants for the forthcoming election of the Branch (NBA ISIOKPO BRANCH ELECTION 2024) and for the position of ChairmanAPPEAL FROM FAITH JUSTINA EDMUND-NWENEKA AGAINST HER DISQUALIFICATION FROM CONTESTING THE BRANCH ELECTION AS A CHAIRMANSHIP ASPIRANT.
ISSUE:
Okachi Faith Justina (maiden name) also known as Faith Justina Edmund-Nweneka (by marriage) was disqualified by the Election Committee for having two (2) different names. This is as contained in her letter of disqualification dated 25th April, 2024. In her appeal, she stated that Faith Justina Okachi is her maiden name which is the name on the Supreme Court roll, while Faith Justina Edmund-Nweneka is her marriage name. She stated that since she came to the branch, she has been known as Faith Justina Edmund-Nweneka (her name by marriage). She exhibited her newspaper publication of change of name and her affidavit of change of name.
In their response, the Election Committee admitted that since she joined branch, she has been popularly known as Faith Justina Edmund-Nweneka since 2013. The Election Committee equally agreed with her that she has held various positions both in the branch and as member of various committees in the branch. However, they stated that she wrote two names on the nomination form, to wit, name as appear in Supreme court was her maiden name; while name as would appear on the voting paper, was her name by marriage.
The Election Committee further stated that based on the above, they found her guilty of multiple names, and disqualified her. They held that since there was no deed pool evidencing her change of name in the Supreme Court roll, the multiple names was incongrous. They based their decision on Section 4 (1) of the NBA Constitution, and the Constitution of Nigeria. They equally cited the case of PDP V DEGI- EREMIENYO (2021) 9 NWLR (PT 1781) 274.
RESOLUTION:
We found that there is no provision in the UNIFORM BYE LAW FOR BRANCHES 2015 (AS AMENDED IN 2021) that disqualifies a female married candidate for not having changed her name at the Supreme Court roll. The Election Committee is not in doubt that Faith Okachi is a lawyer, she pays her practising fees, has her stamp and seal and is an active barman.
We hold that the case of PDP V DEGI- EREMIENYO (supra) cited by the Election Committee is distinguishable from this instant case as it not on all fours with the present appeal. The petitioner/appellant herein changed her name by reason of marriage and has her documents for change of name.
Based on the above, we resolve this appeal in favour of the petitioner and hold that the disqualification by the Election Committee of the petitioner solely on the surname differentials is not justifiable. We therefore hold that the petitioner is qualified to be included in the list of aspirants in the forthcoming election. Her appeal therefore succeeds.
We therefore hereby direct the Election Committee to include the name of the petitioner, Faith Justina Edmund-Nweneka nee Okachi, Esq., in the list of aspirants for the forthcoming election of the Branch (NBA ISIOKPO BRANCH ELECTION 2024) and for the position of Chairman.