Attorney-General lacks power to stop NBA elections – NBA President

Pesident of the Nigeria Bar Association, Afam Osigwe, SAN has countered the directive of the Attorney General of the Federation, Lateef Fagbemi, SAN for the Nigerian Bar Association, NBA, to suspend election of officers.

Rejecting the directive, the NBA president said, the AG lacked constitutional powers to issue such directive, noting that only the NBA National Executive Council has powers to postpone or suspend
Elctoral process.

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In a statement on Tuesday which was obtained by CAPITAL POST in Abuja, Osigwe responding to a document purportedly containing recommendations from a sub-committee and comments allegedly made by the Attorney General of the Federation, which reportedly directed the postponement of the election and other far-reaching changes to the NBA’s electoral process, he described the alleged directives as unconstitutional.

The NBA insisted that the AG has no authority whatsoever to interfere in the affairs of the association which is even worse as the Attorney General demanded the disbandment of the Electoral Committee of the Nigerian Bar Association.

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The Attorney General’s demand for postponement of the election of national officers, termination of the appointment of the current election service provider, establishment of a caretaker committee to conduct the election, incorporation of the National Identification Number into the voting process and a review of the NBA Constitution to remove universal suffrage constituted ‘ultra vires’ and the AGF should respect the imdependence of the NBA.

“The Nigerian Bar Association believes that the Honourable Attorney General of the Federation could not issue the said directive as it is entirely unconstitutional, ultra vires the powers of the Honourable Attorney General of the Federation, and an attempt to bring the Nigerian Bar Association under the control of the office of the Honourable Attorney General,” the statement read.

The NBA argued that under Section 10(2) of the Legal Practitioners Act, external interference in the affairs of the association is only permitted under limited circumstances, none of which currently applies.

The association also questioned the authenticity of the purported report, noting that it was neither issued on the official letterhead of the Office of the Attorney General nor formally communicated to the NBA.

“We consider the report suspect as the report is not contained on the official letterhead of the Honourable Attorney General of the Attorney-General lacks power to stop NBA elections – NBA President

Pesident of the Nigeria Bar Association, Afam Osigwe, SAN has countered the directive of the Attorney General of the Federation, Lateef Fagbemi, SAN for the Nigerian Bar Association, NBA, to suspend election of officers.

Rejecting the directive, the NBA president said, the AG lacked constitutional powers to issue such directive, noting that only the NBA National Executive Council has powers to postpone or suspend
Elctoral process.

In a statement on Tuesday which was obtained by CAPITAL POST in Abuja, Osigwe responding to a document purportedly containing recommendations from a sub-committee and comments allegedly made by the Attorney General of the Federation, which reportedly directed the postponement of the election and other far-reaching changes to the NBA’s electoral process, he described the alleged directives as unconstitutional.

The NBA insisted that the AG has no authority whatsoever to interfere in the affairs of the association which is even worse as the Attorney General demanded the disbandment of the Electoral Committee of the Nigerian Bar Association.

The Attorney General’s demand for postponement of the election of national officers, termination of the appointment of the current election service provider, establishment of a caretaker committee to conduct the election, incorporation of the National Identification Number into the voting process and a review of the NBA Constitution to remove universal suffrage constituted ‘ultra vires’ and the AGF should respect the imdependence of the NBA.

“The Nigerian Bar Association believes that the Honourable Attorney General of the Federation could not issue the said directive as it is entirely unconstitutional, ultra vires the powers of the Honourable Attorney General of the Federation, and an attempt to bring the Nigerian Bar Association under the control of the office of the Honourable Attorney General,” the statement read.

The NBA argued that under Section 10(2) of the Legal Practitioners Act, external interference in the affairs of the association is only permitted under limited circumstances, none of which currently applies.

The association also questioned the authenticity of the purported report, noting that it was neither issued on the official letterhead of the Office of the Attorney General nor formally communicated to the NBA.

“We consider the report suspect as the report is not contained on the official letterhead of the Honourable Attorney General of the Federation.

Osigwe further maintained that  the Nigerian Bar Association is not in receipt of any communication from the office of the Honourable Attorney General of the Federation.

Osigwe further maintained that the Nigerian Bar Association is not in receipt of any communication from the office of the Honourable Attorney General of the Federation.

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