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AUGUSTINE ALEGEH’S SPEECH AT THE INNAUGURATION OF THE NBA COMMITTEE ON THE REVIEW OF THE NBA CONSTITUTION

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SPEECH BY AUGUSTINE ALEGEH, SAN, PRESIDENT OF THE NIGERIAN BAR ASSOCIATION AT THE INAUGURATION OF THE NBA COMMITTEE ON THE REVIEW OF THE NBA CONSTITUTION ON THE 16TH SEPTEMBER, 2014.

PROTOCOL

National Officers of the NBA, Senior Advocates of Nigeria, Statutory NEC members, Chairman and members of the Committee being inaugurated, Gentleman and ladies of the Nigerian Bar, the media, Distinguished Ladies and Gentlemen.

PREFACE

A Constitution is the fundamental document that holds an entity together and defines its existence. It encapsulates all the rules and regulations, governing an organization and how the organization should be structured and run with a view to seamless co-ordination and achievement of its aims and aspirations.

Organizations, like societies, are dynamic and keeps evolving. The NBA is not different. The concept of organizational development pre-supposes that organization like the NBA must contemplate change in its fundamental document like the NBA Constitution, especially when the existing Constitution proves inadequate or obsolete to address current realities of our time.

It is to address these current realities and bring the NBA Constitution up to date to be able to face current challenges that this administration has decided to set up the Committee on the Review of NBA Constitution.

In my inauguration speech as Presdent of the NBA on the 29th of August, 2014, I had stated as follows:

”The recent amendments to the NBA Constitution were ratified at the Annual General Meeting [AGM] of the NBA yesterday 28th of August, 2014. The said amendments addressed issues that were topical at the time and have essentially served their purpose.

However, there is a further need to amend our Constitution to meet present realities and take advantage of modern technological developments.

The cost of NBA National elections to the Association is increasing at an unsustainable rate. The risk, dangers and inconveniences encountered by NBA members during these elections is becoming unbearable. The elections are becoming too expensive for NBA members and voter tampering appears to be encouraged when Delegates at National Elections are not provided with accommodation and other logistic requirements by the Association. The resultant effect is that candidates are compelled to provide accommodation and logistic needs for the Delegates in a manner that may compromise the decision-making process of the delegates.

E-VOTING

I believe strongly, that the delegate election system of the NBA needs to be reviewed and that E-VOTING through the NBA Website should be introduced and this would require a constitutional Amendment.

OTHER AMENDMENTS

The wording of the electoral provisions of Our Constitution and several other provisions would need to be reviewed and fine-tuned.
The amendments to our Constitution to introduce e-voting and other changes would be given priority and dealt with speedily with the hope that the system would be operational and members made conversant with its working long before the 2016 National Elections. In the light of the approval of Uniform Bye Laws for NBA Branches, it would be advisable for the provision of e-voting to be contained in the Uniform Bye Laws to afford Branches the opportunity to implement e-voting and be conversant with its operations before the National elections”.

The members of the Committee are:
1. Garba Tetengi, mni, SAN Chairman
2. Paul Idornigie Member
3. ‘Mena Ajakpovi, Esq. Member
4. Nelson Ogbuanya, Esq. Member
5. Agada John Elachi, Esq. Member
6. Seni Adio, Esq. Member
7. Balikisu Saidu Member
8. Tessy Eghe-Abe (Mrs.) Member
9. Nkoyo O. Amah Member
10. Chidozie Ogunji, Esq Secretary

I have therefore set up a Constitution Review Committee with the following Terms of Reference:

1. To review the provisions of NBA Constitution on elections with a view to introducing e-voting at all NBA National Elections.

2. To review the provisions of NBA Constitution on elections and propose such amendments as may be required to make the provisions more definitive and NBA National Elections more rancour free.

3. To review the NBA Branches Unified Bye Laws to bring it in conformity with the Amended NBA Constitution.

4. To review the Bye Laws of NBA Sections, Fora and Institutes and harmonize same.

5. To review and propose all other such amendments necessary to the provisions of NBA Constitution as the committee deems fit.

TIMELINE

In my inaugural address at Owerri, on the 29th day of August, 2014, I had stated that this Committee shall submit its report on or before 30th of November, 2014. But in view of the re-adjustment of the date for our November, NEC meeting, I charge this committee to submit its report and recommendation on or before Friday, November 14th, 2014. This is to enable us plan for the presentation at our first NEC meeting in November, 2014.

I shall upon completion of the work of this Committee take necessary steps to convoke an Emergency General Meeting [EGM], if considered necessary to debate and ratify the proposed amendments.

I thank you all for accepting to render service to the Bar in building blocks to achieving the terms of reference of this very important Committee. Your assignment with the greatest respect begins now.

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