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RE: MY RESPONSE TO THE OPEN LETTER BY CHIEF YOMI ALLIYU, SAN

By Aham Ejelam

I have read the open letter dated 11 July 2026, authored by my learned friend and call mate, Chief Yomi Alliyu, SAN, in which he called on me to resign as Chairman of the Electoral Committee of the Nigerian Bar Association (ECNBA).

Ordinarily, I would not respond to a publication founded on fabricated assumptions, unverified allegations, and matters presently awaiting judicial determination. However, because his letter seeks to question the integrity of the ECNBA and may mislead members of the Nigerian Bar Association, it has become necessary to place a few facts on record. This is particularly so given that he made it available to bloggers, with his photographs prominently displayed, in a bid to diminish my person and character, and indeed the Electoral Committee.

I WILL NOT RESIGN ON THE BASIS OF THREATS OR UNSUBSTANTIATED ALLEGATIONS

My acceptance of the chairmanship of the ECNBA was not motivated by personal ambition, political patronage, or any promise of reward. It was an acceptance of a difficult professional responsibility at a critical moment in the history of the Bar.

I will not abandon that responsibility merely because Chief Yomi Alliyu, SAN is unhappy that I occupy that position.

Chief Yomi Alliyu, SAN

He has alleged that I am corrupt without presenting credible evidence. The repeated use of condemnatory expressions cannot transform conjecture into fact, nor can threats of reputational damage substitute for proof. There are legal consequences for false accusations.

My record of service to the legal profession spans several decades. I am prepared to have my conduct examined against the NBA Constitution, the applicable electoral guidelines, and verifiable evidence — not against personal opinions, political disagreements, or speculative questions presented as established facts. Blatant lies do not become facts by constant repetition.

CONSTITUTION OF THE ECNBA

The Electoral Committee derives its authority from the Constitution of the Nigerian Bar Association and the decisions of the Association’s competent organs.

The constitution of the Committee was presented to the National Executive Council of the NBA. Due process was followed in establishing the ECNBA. No one can unilaterally dissolve the Committee, declare its members illegitimate, or demand their resignation outside the mechanisms provided by the NBA Constitution.

The ECNBA remains bound by the Constitution and will continue to discharge its mandate unless otherwise directed by a competent organ of the Association or a court of competent jurisdiction.

APPOINTMENT OF THE SERVICE PROVIDER

The suggestion that the election service provider was imposed upon the ECNBA, or that I accepted a service provider at the direction of any interested person, is false.

The Committee considered the information and representations placed before it during the procurement and engagement process. The legal structure of a service provider, without more, does not establish incompetence, illegality, or electoral compromise.

Similarly, an allegation concerning the filing of annual returns at the Corporate Affairs Commission does not, by itself, establish that the provider lacks technical competence or that the ECNBA has engaged in wrongdoing.

Any person with credible evidence that the service provider manipulated a previous election, unlawfully obtained members’ data, or compromised the present process should submit that evidence formally to the Committee or to the appropriate investigative authority. Serious allegations cannot responsibly be sustained through insinuations in an open letter. The said service provider was never given any opportunity by any Committee to respond to such unfounded allegations by a partisan group.

THE QUESTION OF MEMBERS’ DATA

The ECNBA has not authorised any person to deploy unlawfully acquired data for the 2026 NBA National Officers’ Election.

Our responsibility is to ensure that the voters’ register is prepared from records lawfully available to the Nigerian Bar Association and that appropriate safeguards are implemented to protect the integrity of the electoral process.

The publication of preliminary and branch-by-branch voters’ registers, the opportunity afforded members to submit corrections, and the sensitisation exercises undertaken by the Committee demonstrate its commitment to transparency — not an intention to conceal or manipulate the process.

NIN IS NOT A MAGIC CURE FOR ELECTORAL DISPUTES

The ECNBA does not oppose credible voter authentication. Our responsibility, however, is to adopt a system that is lawful, technically suitable, proportionate, and capable of being implemented without unlawfully disenfranchising eligible members. The NBA Constitution prescribes the eligibility criteria: you must be a legal practitioner called to the Nigerian Bar, you must have paid your practice fee on or before 31st March, and you must belong to a branch.

There is no provision for the use of the National Identification Number in the Constitution. NIN cannot be introduced merely because some stakeholders believe it would resolve every historical complaint. Its introduction raises questions of statutory authority, data protection, access to government infrastructure, technical integration, and the legality of imposing an additional voting condition not contained in the governing framework.

The Committee must act upon the NBA Constitution and the approved electoral framework, not upon political pressure or an experiment introduced shortly before an election.

THE ROLE OF THE ATTORNEY-GENERAL OF THE FEDERATION

The ECNBA accords the Honourable Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, the respect due to his office. Our class, the Nigerian Law School 1985 call set, of which he is the foremost leader, holds him in very high esteem, and I personally have immense respect for him.

There is, however, a fundamental distinction between facilitating settlement discussions and exercising constitutional authority over the internal electoral affairs of the Nigerian Bar Association.

Whether the document circulated in the name of the Attorney-General is described as “directions,” “directives,” recommendations, or advice does not determine its legal effect. Substance prevails over nomenclature.

The NBA has publicly maintained that only its competent constitutional organs can take decisions on disbandment, postponement, or appointment of electoral bodies, and that the Association is not subject to the administrative control of the Office of the Attorney-General.

The ECNBA is not disrespecting the Attorney-General by complying with the NBA Constitution. Respect for high public office does not require the surrender of the institutional autonomy of the Bar.

PENDING COURT PROCEEDINGS

Several matters raised in the open letter relate directly to pending litigation. It would therefore be improper for me, as a party or respondent, to engage in a public trial of the issues. Chief Alliyu, SAN, should know better.

The judicial process must be respected. Neither a majority report, a minority report, nor an open letter can replace the determination of a court. Until a competent court orders otherwise, the ECNBA is under a duty to continue carrying out its constitutional mandate.

ALLEGATIONS AGAINST THE NBA PRESIDENT & BODY OF BENCHERS

The open letter contains extensive accusations against the NBA President, Mazi Afam Osigwe, SAN. I do not speak for the NBA President. The ECNBA is a distinct electoral body.

The attempt to connect my service on the Body of Benchers with the discharge of my responsibilities as ECNBA Chairman is speculative. I was appointed under the category of “Eminent Benchers,” not as “NBA Representative.” I have always earned any position I occupy on merit.

THE ECNBA’S COMMITMENT

While Chief Yomi Alliyu, SAN pursues his publicly stated position that “the 2026 NBA ELECTIONS CANNOT HOLD,” the ECNBA remains committed to conducting the 2026 NBA National Officers’ Election transparently, fairly, and in accordance with the NBA Constitution.

The Committee has:

  • Engaged candidates and stakeholders
  • Revised aspects of the electoral timetable following consultations
  • Published voters’ information for scrutiny and correction
  • Conducted voter-sensitisation programmes
  • Provided channels for complaints and observations
  • Organised a successful Candidates’ Debate and Manifesto Day
  • Invited independent domestic and international observers

The election remains scheduled for Saturday, 18 July 2026, in accordance with the revised timetable published by the ECNBA.

A WORD TO MY LEARNED FRIEND AND CALL MATE

My dear Chief Yomi Alliyu, SAN, our shared year of Call and professional relationship should ordinarily require that allegations be supported with evidence and that restraint expected of a Senior Advocate of Nigeria be observed.

Christian faith, knighthood, and traditional titles should not be deployed as instruments of emotional pressure.

You cannot, and I will not be intimidated by threats. Provide evidence of corruption. History is not written by threats. It is written by facts, evidence, and the consequences of one’s conduct.

The ECNBA will remain focused. It will treat all candidates and stakeholders fairly and will conduct the election in accordance with the governing framework. Every Nigerian lawyer has the right to vote and to be voted for. Our mandate is to ensure that Nigerian lawyers exercise that right.

May the Nigerian Bar Association emerge stronger, more united, and more committed to the rule of law.

Aham Ejelam, SAN
Chairman, 2026 Electoral Committee of the Nigerian Bar Association
12 July 2026

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