Section 6(3) Of NBA Constitution Cannot Have Retrospective Effect–NBA, GS, Aare Isiaka Olagunju.


The Nigerian Bar Association has resolved that section 6(3) of the NBA 2015 Constitution cannot have retrospective effect on the disqualification of Prince Innocent Ochoga, of Otukpo branch of NBA.
This was contained in the letter from the Nigerian Bar Association, General Secretary, Aare Isiaka Abiola Olagunju.
Section 6(3) of NBA 2015 Constitution provides “No member of the Branch shall occupy the same office for more than two (2) years (one term); and any member who has held elective offices as a Branch officer for two (2) terms shall not be eligible to contest for a Branch office until at least five (5) years after his/her last term of office.”
Some branches have faced challenges interpreting it in the other way round.
But with the intervention of the General Secretary the controversy thrilling on the import of the section has been put to rest.
Below is the letter
20th July, 2018
A A. Oche Esq
NBA Otukpo Branch
No. 18 Ahmadu Bello Way
Benue state
Dear Sir,
The above subject matter refers;
Upon the report from the Branch Elections Monitoring Committee, (BEMC) Northern Zone on the 4th July 2018, we write to inform you that following the Branch meetings between all stakeholders on the 25th June, 2018 at Otukpo, Benue State, it was resolved as follows,
1. Section 6 (3) of the NBA Constitution 2015 cannot be interpreted to have a retrospective effect so as to disqualify Prince Innocent Ochoga from standing elections as Chairman of NBA Otukpo Branch in 2018.
2. That the purported election of 10th June, 2018 having been conducted when issues relating to a petition has not been resolved and in flagrant disregards to the directive of the President of NBA should be declared null and void and be set aside
3. That the Branch Electoral Committee headed by A.A Oche Esq should be mandated to proceed and conduct fresh elections to elect officers of the branch immediately.
You are hereby directed to adhere strictly to the above resolution and conduct fresh elections for the Executive of the NBA Otukpo Branch.
Please be assured of our professional regards
Thank you.
Aare Abiola Isiaka Olagunju
General Secretary, NBA
CC: 1. Prince I.A Ochoga
2. V.E, Johnson Esq
3. Immediate Past Chairman, M.I Agada Mrs
4. A A. Oche Esq
5. R.N Ojabo Esq