NBA Elections Appeal Committee Publishes Guidelines For Hearing And Determination Of Electoral Complaints

Sequel to the completion of elections into the National Executive Committee of the NBA and the General Council of the Bar, the NBA President, Olumide Akpata pursuant to the provisions of Section 14(1)(L) of the NBA Constitution 2015 (as amended in 2021), had set up the 2022 NBA Election Appeals Committee (NBA-NEAC) with the mandate to amongst other responsibilities, receive and determine complaints and disputes (Petition) from candidates who took part in the elections of National Officers and Representatives of the NBA in the General Council of the Bar.

The Committee which is Chaired by Mrs. Funmi Roberts C.Arb; F.IoD in line with its constitutional responsibility has released guidelines for the hearing and determination of complaints from Candidates in the 2022 NBA National Elections.

In the guidelines dated 16th of July, 2022, the Committee states that all complaints must be submitted to the Committee within 10 days after the declaration of results.

The guidelines further provide that a Petitioner shall send his/her Petition with supporting documents to NBA-NEAC by e-mail to: [email protected]. In addition, the Petitioner shall at the same time, send a copy of the Petition and supporting documents, to the Respondents, including the ECNBA (Respondents).

Upon receipt by the NBA-NEAC of a Petition, the Respondents shall file with the NBANEAC, and serve the Respondents, their responses within 5 (Five) days of the receipt
of the Petition (Response).

That upon the receipt of the Response from the Respondents, the Petitioner shall file with the NBA-NEAC and serve the Respondents, his/her Reply, if any, within 3 (Three) days of the receipt of the Responses (Reply).

Also, proof of service on all the relevant parties shall be filed with the NBA-NEAC by e-mail to: [email protected]

According to the guidelines, the hearing may be conducted by reviewing documents presented by the Petitioner and the Respondents only; and if considered necessary by the NBA-NEAC, an oral hearing involving the Parties may be conducted online or in-person.

Accordingly, the NBA-NEAC may rely on any document, information or material relevant for the just determination of the Petition, after giving the Parties the opportunity to address NBA-NEAC on it.

On the utilization of expert witnesses in the determination of petitions, the Committee notes that if any of the Parties intend to call expert witnesses, the number of such expert witnesses, discipline and credentials, as well as the written evidence of such expert witnesses shall be front loaded by the party seeking to present the expert witness; Provided that:

i. If necessary, opportunity shall be given to any party or NBA-NEAC to put questions to any expert whose evidence is brought before NBA-NEAC;

ii. The NBA-NEAC may on its own, invite an expert to assist it in the resolution of any Petition if it deems it necessary, provided further that the parties shall
be given opportunity to put questions to such expert.

The decision of the NBA-NEAC shall be rendered, and notified in writing to the Petitioner and the Respondents, before the swearing-in of the elected National Officers or before the Representatives of the Association in the General Council of the Bar takes office.