Lawyers have called on the Nigerian Bar Association (NBA) to apply punitive measures against the suspended Resident Electoral Commissioner in Adamawa State, Yunusa Hudu Ari, over alleged misconduct.
The legal practitioners under the auspices of Justice House International Organization – a Non-Governmental Organization), made this call in a petition it addressed to the President of the NBA, Yakubu Maikyau, in Abuja.
The Director of Advocacy of JHIO, Toyo Jimmy, Esq. signed the petition dated April 20, 2023, which was sighted by our correspondent.
The lawyers averred that apart from breaching the Constitution and the Electoral Act, Ari’s action in declaring one of the candidates in the Adamawa Governorship election as winner while results were yet to be fully collated had dented the image of the NBA.
The group urged the NBA President to cause an investigation into the incident and also refer Ari to the Legal Practitioners Disciplinary Committee for disciplinary proceedings.
The letter reads in part: “It is public knowledge that Yunusa Ari, the Adamawa State Resident Electoral Commissioner of INEC, along with some security heads, declared as Governor-Elect one of the candidates in the just concluded Adamawa State supplementary governorship election in total disregard for the laws of Nigeria.
“This was done without the final collation of the results and without requisite legal authority, thereby usurping the power of the Returning Officer for the election.
“Mr Ari’s action has generated a lot of comments and condemnation by all and sundry. His action goes contrary to the rule of law and democratic principles established in the Nigerian Constitution.
“The declaration by Mr Ari almost threw Adamawa State into serious crisis, which could have derailed the incremental successes Nigeria has recorded on its democratic journey.
“Worryingly, Mr Ari, the central figure in the electoral heist, is alleged to be a legal practitioner. In view of this allegation, the legal profession has received bashing and its name thrown into disrepute owing to Mr Ari’s ignominy.
“This is quite unfair given that the legal profession and its members ought to be the leading lights in promoting the rule of law and maintaining democracy.“The decision of Mr Ari to announce someone a winner contrary the due process of law is an act incompatible with the status of the legal practitioner and has exposed the legal profession to disrepute and dishonour.
“We respectfully urge Mr President to cause an investigation to be carried out on this allegation and report same to the Legal Practitioners Disciplinary Committee for disciplinary proceedings to be commenced against Mr Ari, and adequate sanction imposed on him, to save the name of legal profession in Nigeria.
“There is dire need for the NBA to act fast to send a strong message to the public and legal practitioners in the public service that it is a serious body that will not tolerate unlawful conduct by its members especially one of public nature.”
The lawyers however urged the NBA to urgently institute an award for good behavior for its members.
“While there is need to punish bad behaviour, as we have requested Mr President to do in the instant case, there is also a corollary need to reward good behaviour.
“This has been the approach progressive societies and institutions adopt to encourage good conduct while discouraging bad conduct.
“It is in this vein that we respectfully propose that an Excellence Award be instituted for legal practitioners in public service, who have promoted the rule of law and the course of justice in whatever form, to encourage and celebrate them.
“Nomination of such legal practitioners should be done by members of the public or the members of the legal profession and subjected to credible process of selection,” they added.
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