AGF Has No Power To Stop NBA Election – Osigwe Insists

 

The President of the Nigerian Bar Association (NBA), Afam Osigwe (SAN), has maintained that the Attorney General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi (SAN), lacks the legal authority to direct the postponement of the association’s national elections.

Naija News reports that Osigwe warned that allowing the executive arm of government to dictate the NBA’s electoral process would erode the independence of the legal profession and violate the association’s constitutional framework.

His remarks followed reports that the Attorney General advised the NBA to suspend its July 18, 2026, national election, dissolve its Election Committee and adopt the National Identification Number as part of its voter verification process amid disagreements over the election.

Speaking during an interview on Arise News on Friday, Osigwe said while the Attorney General was free to express his opinion, such views could not be treated as binding directives.

The NBA president stressed that the association derives its powers from its Constitution, the Legal Practitioners Act and other regulatory instruments governing the legal profession.

According to him, none of those laws empowers the Attorney General to interfere with the conduct of the association’s elections.

Osigwe said, “No, obviously not. He doesn’t have the legal backing to postpone our elections.

“Suggesting that he does would mean that the NBA is no different from a department under the Office of the Attorney General of the Federation.”

He added that although the Bar could consider opinions expressed by the Attorney General, it could not comply with directives that were inconsistent with its governing laws.

“That is not to suggest that if the Attorney General gives views, the Bar would not consider them. But the fashion in which the directives were couched, as a must-do directive, would be unacceptable for the Bar to willingly carry out.

“We have a constitution, the Legal Practitioners Act and other rules that regulate the profession. In none of these instruments was the Attorney General given the power to do what he is trying to do,” he said.

Reacting to the controversy surrounding zoning and calls for a consensus candidate, Osigwe said the NBA Constitution clearly spells out the qualifications required to contest for the office of president.

He argued that no pressure group or external association had the authority to determine who should emerge as the NBA’s candidate.

According to him, any member who satisfies the constitutional requirements is entitled to seek elective office.

He said, “First of all, the NBA constitution lists conditions for eligibility to contest.

“You must have been a member of the National Executive Council of the NBA for at least two years preceding the date of your nomination. You must be at least 15 years post-call. You must have paid your practice fee and branch dues for the three years preceding the election, including the year of the election.”

Osigwe said the association’s constitution does not recognise endorsements by any external body as a prerequisite for contesting.

He further stated, “There is no provision in the NBA election guidelines that changes eligibility based on being presented by any specific group, whether known to the NBA constitution or not.

“This simply means that once you meet these conditions in your own right, if you have the confidence to run, you can run.”

He criticised attempts by interest groups to insist that their preferred aspirants must be adopted by the association.

Osigwe said, “To suggest that a group, which, like the NBA, is registered with the Corporate Affairs Commission, can sit in their own corner, choose their person, and then insist that the Bar must accept them or face being delegitimised is illogical.

“They accuse the Bar of various things and turn around to accuse others of trying to impose a candidate, when they are actually the ones imposing a candidate.”

‘Presidency Open To Every Qualified Member’

On the possibility of electing a female NBA president, Osigwe said the presence of a woman among the contestants reflected the association’s commitment to equal opportunity.

“It suggests that any qualified person can be the president,” he said.

He maintained that gender was not a determining factor, provided a candidate met the constitutional requirements.

The NBA president also defended the association’s preparations for the election, insisting that adequate measures had been put in place to guarantee credibility.

He said independent election observers, including international organisations and civil society groups, had been invited to monitor the process.

“We are working to ensure that the election is free and transparent, and that all participants, whether voters or contestants, trust that the process is fair,” he said.

Osigwe added that concerns raised by some stakeholders had been addressed to strengthen confidence in the exercise.

He added, “All concessions to assuage the fears of those who claim the election will be rigged—in the absence of any proof—have been addressed to give them comfort.

“That is why we say there is no reason to postpone the election. Everything is in place, and the electoral body is ready to conduct it.”

He urged aspirants to test their popularity at the polls instead of seeking to delay the election.

“Go out there and test your popularity; don’t drag the association down or tarnish people’s images. May the best man or woman win,” he said.

Explaining the decision to invite independent observers, Osigwe added, “That is why we invited the EU, Yiaga, and the embassies, so that those who are accusing us know that we are accountable, and we want people to come and see the transparency.”