EXCLUSIVE: How The 2015 NBA Constitution Was Made (Adopted)—- Download Copy

2017 will never be forgotten in the history of the Nigerian
Legal Community as the year in which the Federal High Court gave a
judgement nullifying the 2015 NBA Constitution after the legality
of the constitution was challenged in court by Olasupo Ojo Esq.,
for failure of being registered with the Corporate Affairs
Commission in line with Section 598 of the Companies and Allied
Matters Act, 1990.

Although the case is currently on appeal before the Court of
Appeal, it is not disputable that the executive body of the NBA
still believes in the 2015 Consitution as the document that
incorporates the general ideology of the NBA hence the act of
registering it with the Commission while the document still
remained challenged in court.  However, how many Lawyers know
how the 2015 constitutition was adopted? This will sum up the
essence of this report. So, seat down, relax with perhaps a cup of
tea or maybe coffee, as Nairalaw gives an
expository report of how the 2015 constitution which is sometime
tagged ‘the instrument of controversy’ was made or adopted.

AND IT CAME TO LIFE:

The instrument came to life at the 2015 Annual General meeting
(AGM) of the Nigerian Bar Association held at the International
Conference Centre, Abuja on Thurday, 27th August, 2015. The
instrument had been drafted by the Constitution Review Commitee
that was set up by the then president, Augustie Alegeh SAN and
headed by Dr. Garba Tetengi SAN as Chairman and  Agada Elachi
Esq as Secretary.

The meeting was called to order by the President, Augustine
Alegeh,SAN at 10:30am, with the NBA Prayer read by Anthony
Ani,Esq., a former Attorney- General of Enugu State.

Amongst the agenda of the AGM was the Officers Report which
included the voting on the new NBA constitution.

The General-Secretary, Mazi Afam Osigwe reported that the draft
of the proposed Constitution was circulated at the Sokoto NEC
Meeting and also forwarded by e-mail to all Past Presidents, Past
General Secretaries and Senior Advocates of Nigeria . He  as
well  reported that the hard copy of the draft Constitution
was also circulated to all branches as well as those meant to
receive same and that the notice of voting on the new Constitution
was given to all Branches. The highlights of the proposed
Constitution was read out, which include:

• To introduce e-voting for NBA elections.
• To allow only members who pay practice fees before March 31, to
  vote in the elections.
• To introduce a Uniform Bye laws for all branches.
• To keep up with the modern trends and practices.
• To limit what a candidate can do in respect to campaigns.

The procedure for the voting on the new constitution is that
only delegates are entitled to vote.  Each branch was allowed
a minimum of 10 delegates. Notice was sent to the branches to
constitute their delegates. Branches were entitled to an extra
member for every 100 members that pay practicing fees on or before
31st March. The Branches that were yet to constitute their
delegates were allowed to do so before the voting. Also the newly
created Branches of Barnawa and Udu were alowed to vote.

Voting on the new NBA constitution commenced after which the
result was announced. The result shows that the “No” votes were 123
in numbers, “void” votes, 5 in numbers and the “yes” votes a total
of 462.  A summary of the result goes thus:

• “No” votes: 123
• “Yes” votes: 462
• Void: 5
• Total votes cast: 590
• Total valid votes: 585
• Total accredited voters: 1696
• 2/3 of the total valid votes required to pass the new
  Constitution: 399
• 1/3 of the total valid votes required to defeat the new
  Constitution: 198

After voting, the constitution was adopted following a special
resolution having met the required votes needed. The resolution was
to the effect that upon the majority votes casted, the Constitution
immediately took effect. The resolution was dated the
27^th day of August, 2015, and signed by the then
President, Augustine Alegeh, (SAN) and Mazi Afam Osigwe as General
Secretary.  The meeting formally ended at about 6.15pm the
same day.

Oops! It’s obvious that the New Constitution was not fanned by
all delegates as a total number of one hundred and twenty three
(123) the first three numbers, refused the new birth of a
constitution for the Association, but being that spirit of
democracy lies in the wordings of CAMA and the NBA guidelines
itself, the 462 delegates’ votes had the day.

I guess you now have a perfect idea of how the 2015 NBA
constitution came to be? Although, some may have their reserves
about the instrument, it is crystal clear that there were some
positive innovations ushered into the letters of the instrument
which to an extent will reshape the administrative garment of the
Association.

But before you drop your cup of coffee, be guided that there was
no saving or transitional provision in the constitution, and that
there were a total of 25 rapporteurs at the conference as witnesses
to the making of the Constitution.

Download Copy Of 2015 NBA Constitution

Ebi Robert

Co-Editor, TheNigerialawyer

2017 will never be forgotten in the history of the Nigerian
Legal Community as the year in which the Federal High Court gave a
judgement nullifying the 2015 NBA Constitution after the legality
of the constitution was challenged in court by Olasupo Ojo Esq.,
for failure of being registered with the Corporate Affairs
Commission in line with Section 598 of the Companies and Allied
Matters Act, 1990.

Although the case is currently on appeal before the Court of
Appeal, it is not disputable that the executive body of the NBA
still believes in the 2015 Consitution as the document that
incorporates the general ideology of the NBA hence the act of
registering it with the Commission while the document still
remained challenged in court.  However, how many Lawyers know
how the 2015 constitutition was adopted? This will sum up the
essence of this report. So, seat down, relax with perhaps a cup of
tea or maybe coffee, as Nairalaw gives an
expository report of how the 2015 constitution which is sometime
tagged ‘the instrument of controversy’ was made or adopted.

AND IT CAME TO LIFE:

The instrument came to life at the 2015 Annual General meeting
(AGM) of the Nigerian Bar Association held at the International
Conference Centre, Abuja on Thurday, 27th August, 2015. The
instrument had been drafted by the Constitution Review Commitee
that was set up by the then president, Augustie Alegeh SAN and
headed by Dr. Garba Tetengi SAN as Chairman and  Agada Elachi
Esq as Secretary.

The meeting was called to order by the President, Augustine
Alegeh,SAN at 10:30am, with the NBA Prayer read by Anthony
Ani,Esq., a former Attorney- General of Enugu State.

Amongst the agenda of the AGM was the Officers Report which
included the voting on the new NBA constitution.

The General-Secretary, Mazi Afam Osigwe reported that the draft
of the proposed Constitution was circulated at the Sokoto NEC
Meeting and also forwarded by e-mail to all Past Presidents, Past
General Secretaries and Senior Advocates of Nigeria . He  as
well  reported that the hard copy of the draft Constitution
was also circulated to all branches as well as those meant to
receive same and that the notice of voting on the new Constitution
was given to all Branches. The highlights of the proposed
Constitution was read out, which include:

• To introduce e-voting for NBA elections.
• To allow only members who pay practice fees before March 31, to
  vote in the elections.
• To introduce a Uniform Bye laws for all branches.
• To keep up with the modern trends and practices.
• To limit what a candidate can do in respect to campaigns.

The procedure for the voting on the new constitution is that
only delegates are entitled to vote.  Each branch was allowed
a minimum of 10 delegates. Notice was sent to the branches to
constitute their delegates. Branches were entitled to an extra
member for every 100 members that pay practicing fees on or before
31st March. The Branches that were yet to constitute their
delegates were allowed to do so before the voting. Also the newly
created Branches of Barnawa and Udu were alowed to vote.

Voting on the new NBA constitution commenced after which the
result was announced. The result shows that the “No” votes were 123
in numbers, “void” votes, 5 in numbers and the “yes” votes a total
of 462.  A summary of the result goes thus:

• “No” votes: 123
• “Yes” votes: 462
• Void: 5
• Total votes cast: 590
• Total valid votes: 585
• Total accredited voters: 1696
• 2/3 of the total valid votes required to pass the new
  Constitution: 399
• 1/3 of the total valid votes required to defeat the new
  Constitution: 198

After voting, the constitution was adopted following a special
resolution having met the required votes needed. The resolution was
to the effect that upon the majority votes casted, the Constitution
immediately took effect. The resolution was dated the
27^th day of August, 2015, and signed by the then
President, Augustine Alegeh, (SAN) and Mazi Afam Osigwe as General
Secretary.  The meeting formally ended at about 6.15pm the
same day.

Oops! It’s obvious that the New Constitution was not fanned by
all delegates as a total number of one hundred and twenty three
(123) the first three numbers, refused the new birth of a
constitution for the Association, but being that spirit of
democracy lies in the wordings of CAMA and the NBA guidelines
itself, the 462 delegates’ votes had the day.

I guess you now have a perfect idea of how the 2015 NBA
constitution came to be? Although, some may have their reserves
about the instrument, it is crystal clear that there were some
positive innovations ushered into the letters of the instrument
which to an extent will reshape the administrative garment of the
Association.

But before you drop your cup of coffee, be guided that there was
no saving or transitional provision in the constitution, and that
there were a total of 25 rapporteurs at the conference as witnesses
to the making of the Constitution.

Download Copy Of 2015 NBA Constitution

Ebi Robert

Co-Editor, TheNigerialawyer