NBA’s Call For Iwu’s Sack: Matters Arising

By: Aloy Ejimakor

The funny thing about the law is that it is sometimes called an ass, meaning that anybody can ride it. But its practitioners – the bar and bench alike - prefer being seen as ‘learned’. The posturing of lawyers as ‘learned and noble’ has so much permeated the larger society’s psyche to the point that lawyers are often sought after even in disciplines outside their training. This includes the vast majorities who still see lawyers as agents of discord, even when there is not supposed to be one. This brings me to recalling one catchy bumper sticker of choice in America that goes like “promote lawyers, sue thy neighbor”.

Perhaps, those who promote these vaunted notions of ‘learnedness and nobility’ may be persuaded by positions taken by lawyers, as an organized group like the NBA, on any matter that concerns the larger society. Conversely, those that see lawyers, rightly or wrongly, as promoters of discord or busybodies would remain cynical and also would rather lawyers limit themselves to items within their calling when time comes for them to make public pronouncements as a chartered professional association. Just days ago, this notion was brought to the fore when amongst other numerous professional bodies in the country, the Nigeria Bar Association took upon itself the garb of neo-politicians by calling for the sack of Maurice Iwu as Chair of INEC. On the surface, the NBA cited the Ekiti ruling as the reason. Despite Ekiti, it appears that NBA was suckered in by elements of the opposition and scheming PDP apparatchiks looking to make hay and supplant Yar’Adua in 2011, including an Atiku who continues to see Professor Iwu as the sole obstacle to his evident ambitions to becoming President in 2011, perhaps on the indecent assumption that President Yar’Adua might too ill to run or worse.

I don’t think it is appropriate for a hardcore, federally-chartered professional association to involve itself in passing the buck over the much overplayed shortcomings of the 2007 election. If such were the case, the Nigerian Medical Association, the Nigerian Society of Engineers, Pharmaceutical Society of Nigeria and all other professional associations might as well jettison all decorum and jump into taking sides in what has become an object of vicious power play between duplicitous politicians. Appointing or firing of INEC Chair is also a political (not judicial) item, clearly reserved for the pleasure of the President and consent of the Senate. And INEC is not a judicial body with some nexus to the NBA. So, what’s the beef with the NBA?

For emphasis, that Maurice Iwu will continue as INEC Chair for now and even beyond his tenure after June 2010 is strictly a ‘political question’, not a juridical one and must thus be determined by whether the President decides to capitulate to the designs of the opposition or remain firm in the application his sound political discretions in not wagging the dog. That is besides the Senate which is, by the constitution, required to find serious cause before confirming such removal. Where is the immediate cause or serious misconduct the constitution required? For starters, the NBA must advance specific proof that Professor Iwu pre-meditated some change in ink color in Ekiti for the sole purpose of disadvantaging the AC.

If NBA believes that nullification of a result declared by INEC is a misconduct for which an INEC Chair shall be fired, the framers of our constitution would have said so. I suppose the same thing said for the NBA is also applicable to the NLC, in addition to the fact that NLC should be taken even less seriously because of its open romance with the Labour Party and the AC. That makes the NLC a pseudo-opposition party that is mired in the same duplicity that makes the call for Iwu’s sack less and less credible. And there is more: The NBA ought to have known that the color of ink to be used is expressly within the sole discretion of INEC; and that it was by an INEC internal procedure that a certain color was brought in ordinary use. In other words, it was neither required by statute, nor by other mandatory federal regulation having the force of law. But since the Court of Appeals is the final authority on the Ekiti matter, it is now left to society to wonder whether a higher court would have upheld or remanded the Ekiti case on further appeal. We must not pretend that our courts are suddenly infallible when it comes to nullifying election results declared by INEC.

Now let us consider this question: Is it reasonable for NBA to hold Maurice Iwu strictly liable for a spontaneous decision of INEC ad-hoc field officers to switch to another ink color? And to the point of calling for Iwu’s sack over this petty matter? Is the NBA saying that Professor Iwu, by some telepathy from his Abuja office, divined the change of ink color in order to advantage the prevailing candidate? And since the Court of Appeals did not explain how the in-field change of ink color constituted ‘substantial non-compliance’, can NBA now explain it to Nigerians and also demonstrate the fraudulent intent attributable to Iwu that may justify his removal.

This is not to say that Iwu can be removed on grounds of failing to use the right ink color or even for ‘substantial non-compliance’. The constitution clearly provides that the INEC Chair can only be removed for ‘misconduct’, not for getting ink colors wrong. Pray, if every result INEC declared is supposed to stand or upheld for peace to reign, why did the founding fathers of our constitution create election tribunals? Why didn’t the founding fathers simply provide that: “We hereby enact that for every election nullified, ‘Iwu Must Go’”? Why is the NBA not calling for the firing of every judge or justice whose decision is overturned by a higher court? My opinion would have differed somewhat if the NBA is instead calling for the wholescale resignation of all elected officials who came to office on any election umpired by Professor Iwu. It is therefore not fair that NBA wants to ‘keep the baby and throw away the mother’. This is contrary to all notions of natural justice by which lawyers must ply their trade.

Further, this thing about NBA always taking on the government of the day and institutions that determine the rules of devolution of power in Nigeria is assuming such a dimension that is fast rising to the level of overawing government and intimidating its high officials. I suspect that the real target of the NBA is not Professor Iwu but a President Yar’Adua that continues to be seen by fringe ranks of the NBA as a sitting duck and a disagreeable Obasanjo imposition. This is part of the reason some credible Nigerians have charged that the NBA, as presently led, appears to be fronting for the opposition and disaffected politicians within the ruling party. True or not, I would rather NBA concentrate more on those fine, apolitical ideals that underpinned its founding, including law reforms; constitutional amendment, awaiting trials; discipline of lawyers; professional ethics; continuing legal education and like lawyer-related pre-occupations.

Aloy Ejimakor is an Attorney alloylaw@yahoo.com

Robot  # 1 | 25.02.2009 20:03

NBA’s Call For Iwu’s Sack: Matters Arising By: Aloy Ejimakor The funny thing about the law is that it is sometimes called an ass, meaning that anybody can ride it. But its practitioners – the bar and bench alike - prefer being seen as ‘learned’. The posturing of lawyers as ‘learned and noble’ has so much permeated the larger society’s psyche to the point that lawyers are often sought after even in disciplines outside their training. This includes the vast majorities who still see lawyers as agents of discord, even when there is not supposed to be one. This brings me to recalling one catchy bumper sticker of choice in America that goes like “promote lawyers, sue thy neighbor”. Perhaps, those who promote these vaunted notions of ‘learnedness and nobility’ may be persuaded by positions taken by lawyers, as an organized group like the N...Read the full article.

emj  # 2 | 25.02.2009 22:51

What are they yarning..the Guyoyo said that he cannot be sacked.....even self wont resign...wahala dey o:arrow: http://www.sunnewsonline.com/webpages/news/national/2009/feb/26/national-26-02-2009-01.htm:source I can’t be sacked • I won’t even resign By Sun News Publishing Thursday, February 26, 2009 Prof Maurice Iwu Against the backdrop of persistent calls for his sack in recent times, Chairman of the Independent National Electoral Commission (INEC), Prof Maurice Iwu, said yesterday that he could not be summarily dismissed from office, and accused those clamouring for his removal of ignorance of the constitution. Speaking at the National Institute of Policy and Strategic Studies (NIPPS), Kuru on Wednesday, Iwu said those calling for his removal want to bend the rule, but noted that he had a tenure and could only be impeached by the National Assembly, just like the president. As a result of this constitutional provision, he said the chances of summary dismissal for the chairman and commissioners of INEC are very limited. He also ruled out voluntary resignation in the face of opposition. “It has not occured to those who want the rule bent that the chairman of the commission has the same protection like the president of the Federal Republic and governors because we are all products of the same constitution and which cannot be treated in isolation and they know that I have a tenure,” he said. According to him, it is only in the event that he or any of the commissioners commits a crime that they can be impeached. “That is what the rule says. I can only be impeached, not hounded by anybody no matter how, and that is why I did not resign and I would not resign,” he added. The INEC boss said he had refused to resign “because that would have been the most unpatriotic thing to do; if I am not able to solve the problem, then I can contemplate resignation, but I am more than equal to solving the problem, I have no doubt about that.” Insisting that resignation would have been a wrong step to take, Iwu wondered why people had not asked the Chief of Army Staff or the Governor of Bauchi State to resign because people died in the Jos and Bauchi crises. “That would have been a wrong thing for them to do. You cannot resign in the middle of a problem because the problem is starring at your face. “It would be the most unpatriotic thing to do. First, who am I leaving the problem for. Secondly, if I do that, it means that that tactics of intimidation and name calling would be sustained and whoever comes after me would face worse situation.” Iwu defended the independence of the commission, saying the system of nominating the chairman and the 12 national commissioners of INEC is one of the most stringent anywhere in the world. “The president nominates a name to the Council of States comprising former heads of states and presidents, state governors among others, and after scrutiny, the matter is now sent to the Senate of the Federal Republic for confirmation. “People seem to forget that I stood up in the Senate televised live for over two hours. I was being grilled, people forgot that. They just thought the president appointed you and you become the chairman. I had to defend every bit of action,” he noted. Iwu charged that the orchestrated call for his removal from office was part of the game plan of some interests to plant their goons at INEC ahead of the general elections of 2011. He said: “Now that 2011 elections are around the corner, politicians are back at their old games, this time, from what I can see from media reports, the idea is to push Iwu out and scheme in their preferred candidates with the plan to get their chosen chairman … help them win elections.” Iwu said he had drawn the line in the interest of the nation and would continue to step on toes in the commission’s quest to push for the electoral reform that would be used for the conduct of the 2011 general election. And he will continue to Iwuruism all...Wayo Allah..chei...and where are da remaining Rabbits?

Dapxin  # 3 | 26.02.2009 04:32

People seem to forget that I stood up in the Senate televised live for over two hours. I was being grilled, people forgot that. They just thought the president appointed you and you become the chairman. I had to defend every bit of action,” such a glamorous old fool.

akuluouno  # 4 | 26.02.2009 06:45

Emy, Barrrister Aloy, I think that Iwu by his own mouth has clarified the matter. All he is asking for is a removal and not a sack as suggested by the learned members of the bar. Akuluouno being unlearned does not know the difference between remove and dismiss or sack. But I do take solace in the wisdom an elderly illiterate townsfolk of mine who in those days when hot pursuit is usually employed to catch tax evaders, said that he does not understand supiri supiri (that is English language), but that when he hears the words "catch am" he knows that it is time for him to flee for his dear life:D:D:D

Picolo  # 5 | 26.02.2009 09:17

"Now let us consider this question: Is it reasonable for NBA to hold Maurice Iwu strictly liable for a spontaneous decision of INEC ad-hoc field officers to switch to another ink color? And to the point of calling for Iwu’s sack over this petty matter? Is the NBA saying that Professor Iwu, by some telepathy from his Abuja office, divined the change of ink color in order to advantage the prevailing candidate? And since the Court of Appeals did not explain how the in-field change of ink color constituted ‘substantial non-compliance’, can NBA now explain it to Nigerians and also demonstrate the fraudulent intent attributable to Iwu that may justify his removal." Haba lawyer!!!. Even me wey no be lawyer know say the buck ends on I wu's table. Wetin you de talk like this? So if INEC na your bussiness organisation and Iwu handle am as him don de do, you go still leave am for there? The business of Nigeria na all of us get am. Whether opposition or proposition. may be you be proposition. But see now how the man de spoil the bussiness. I support make we remove am. Afterall dem no born am with am. I hear se the man sabi another work for traditional medicine, make him go there I beg!!!

aguabata  # 6 | 26.02.2009 12:29

you are spot on when you assert that national institutions shouldnt act in concert with opposition politicians but you've failed woefully to appreciate that those institutions like NSE, NMA you mentioned should actually speakup against government policies while maintaining its integrity as an independent body, however our society is too immature to walk the thin line. It is not wrong for the NBA to call for Iwu's resignation but Ideally issues of corruption shouldnt be on NBA's top list rather things that border on policies, constitution and procedures. There should be transparency groups and opposition parties who should be having a field day pointing out corruption and incompetence. On a personal level, the fact that you are not evidently miffed by the incometence of INEC makes you article read like an Iwu's apologist.

gun ho commando  # 7 | 26.02.2009 12:33

It has to be stated without ambiguity that apart from the demonstrable incompetences of INEC there are so many man-made factors hindering the emergence of a good electoral process in Nigeria. Aloy Law has normally had the unfortunate task of defending very very bad and often hopeless cases. The NBA, NLC, Gov. Peter Obi of Anambra state, Femi Falana, Lagos AC, etc. have called for Prof. Iwu's outster. And perhaps, if you conduct a poll in Nigeria today on the desirability or not of Prof. Iwu as the INEC chairman, an overwhelming nay must be the result. The mood of the nation today is what should matter to any patriotic Nigerian and not the legal stand of the NBA or NLC or others regarding their call for Iwu's removal. Aloy's stout defence of his kinsman, Iwu's, ternure can easily be linked to their unreasonable push for a state in the least inhabited area in the Southeast. Iwu is not on penal trial, he is only being accused of non-performance, so linking his accusers to opposition groups and perceived enemies of the establishment to garner sympathy for the man as did Aloy in this article is not helping Iwu's case.

tonsoyo  # 8 | 26.02.2009 13:45

This is an unfortunate article coming from a Lawyer. It is parochial, short-sighted and overtly uninformed. First of all, Iwu is a public servant, any legally constituted body or individual can ask for his removal. Of all the professional bodies in any nation, the Bar Assoication is uniquely placed in a better position to make such calls because it is a body consisting of Ministers in the Sacred Temple of Justice, any matter relating to justice falls within their jurisdiction. It is also not by coincidence that Lawyers are more prominent in politics than any other profession anywhere you look in the whole world. I believe Mr. Alloy who claimed to be a Lawyer based in the USA, should know why America is referred to as a country of Lawyers by the Lawyers and for the Lawyers. Most of their Presidents were Lawyers and about 70% of current policy-makers are Lawyers. It goes to show the unique place of Lawyers in representative governance. It gets more ridiculous when Mr. Alloy would condemn the NLC for calling for the removal of Iwu, it is crying shame. He presented himself, not as a professional to descend to such level of stupidity but as Iwu's area boy. I do not care if the NLC show alliance with LP and AC, it is allowed, and it is still the body the represents the teeming millions of Nigerian Workers. Vox populi, vox dei! - The voice of the people is the voice of God The other side of that myopic and dumb argument is to present those parties (LP & AC) as being in opposition to Iwu and thereby placing Iwu in PDP's camp. What an Advocate?! So Iwu works for PDP, not for Nigeria, little wonder! Bottomline is that it is not just the NBA and the NLC that are tired of Iwu, Nigerians are. The "selection" that he conducted in 2007 has been condemned by the whole world and was reputed to be the worse in the history of a country that have not had many good ones. Iwu should bury his head in shame. The issue about the discredited "elections" goes beyond the "color of ink" the color of ink is only symbolic of Iwu's failure, indiscretions and theft of people's mandate. Crying shame!

Enyi  # 9 | 27.02.2009 04:54

Alloy and Iwu I shall make the following disclosures before commenting on your statements: 1). I do not belong to any political party 2). I do not have sympathy for any political party or politician. 3). I do not belong to NBA. Alloy wrote: "Despite Ekiti, it appears that NBA was suckered in by elements of the opposition and scheming PDP apparatchiks looking to make hay and supplant Yar’Adua in 2011, including an Atiku who continues to see Professor Iwu as the sole obstacle to his evident ambitions to becoming President in 2011, perhaps on the indecent assumption that President Yar’Adua might too ill to run or worse" This is a classic case of attacking the messenger and not the message. Why does it appear that NBA was "suckered in" just because the body expressed an opinion different from Alloy's? Is it possible to discuss a topic without necessarily imputing an ulterior motive or running down somebody? Free expression of divergent opinions is healthy for a true democracy. "I don’t think it is appropriate for a hardcore, federally-chartered professional association to involve itself in passing the buck over the much overplayed shortcomings of the 2007 election." So "the shortcomings of the 2007 election" are much overplayed? This is troubling. If there are overplyed, why did the President- a beneficiary of the shortcomings, make electoral reforms one of his top priorities? "For emphasis, that Maurice Iwu will continue as INEC Chair for now and even beyond his tenure after June 2010" Yes, this is highly probable because we live in a country where culture of impunity is the order of the day. I recall that there was a minister of aviation who refused to resign after 2 plane crashes within a relatively short time. He was reassigned only after a third crash. Interestingly, he was reported to have blamed the dead pilot, who could not defend himself, for the crash. "Now let us consider this question: Is it reasonable for NBA to hold Maurice Iwu strictly liable for a spontaneous decision of INEC ad-hoc field officers to switch to another ink color? And to the point of calling for Iwu’s sack over this petty matter?" A chief executive takes responsibility for the acts of ommission or commission of his/her staff. This why the buck stops at his/her table. For your information, the Minister of Health in one country resigned because there was an out-break of fire in the nurses' station in the ward of a hospital. Please, note that no life was lost. Furthermore it is sad that Alloy calls an act that was considered grave enough to warrant cancellation of an election a petty matter. Iwu "if I am not able to solve the problem, then I can contemplate resignation, but I am more than equal to solving the problem, I have no doubt about that.” As of now, there is no evidence to suggest that Iwu can solve the problem. Indeed. there is a wide spread perception that he is part of the problem. In the first place, he has not really admitted that there is a serious problem. Inded he gave himself a very high score for a badly flawed election. Can anybody solve a problem which from the person's perspective does not exist? I believe that the correct step in solving a problem includes recognition of the existence of the problem and an appreciation of its magnitude and complexities. "Insisting that resignation would have been a wrong step to take, Iwu wondered why people had not asked the Chief of Army Staff or the Governor of Bauchi State to resign because people died in the Jos and Bauchi crises" I find this comparism perplexing. Maintenance of internal security is primarily the responsibility of the police and not the army. The army is called in only when the police is overwhelmed by the situation. What then has the Chief of Army Staff got to do with the unrest in Jos and Bauchi. My advice to our public officers who believe in culture of immunity is to remember: to everything there is a season. We may be a docile nation now but do not assume that this will last forever. After all, the only constant in life is change.

i-go-better  # 10 | 27.02.2009 12:29

=gun ho commando;330634>It has to be stated without ambiguity that apart from the demonstrable incompetences of INEC there are so many man-made factors hindering the emergence of a good electoral process in Nigeria. Aloy Law has normally had the unfortunate task of defending very very bad and often hopeless cases. The NBA, NLC, Gov. Peter Obi of Anambra state, Femi Falana, Lagos AC, etc. have called for Prof. Iwu's outster. And perhaps, if you conduct a poll in Nigeria today on the desirability or not of Prof. Iwu as the INEC chairman, an overwhelming nay must be the result. The mood of the nation today is what should matter to any patriotic Nigerian and not the legal stand of the NBA or NLC or others regarding their call for Iwu's removal. Aloy's stout defence of his kinsman, Iwu's, ternure can easily be linked to their unreasonable push for a state in the least inhabited area in the Southeast. Iwu is not on penal trial, he is only being accused of non-performance, so linking his accusers to opposition groups and perceived enemies of the establishment to garner sympathy for the man as did Aloy in this article is not helping Iwu's case.> Commando; The highlighted part of your post is as stupid as this so called "Lawyer" Aloy's article. I have not read an article as maggot infested as this! The height of the shame is that this Aloy man lives in the Western World enjoying the wonderful fruits of democracy fertilized by credible elections. What on earth has demand for State Creation from any Nigerian tribe got in common with this revulsive article? Gooosh! This country is really in trouble.