Maikyau SAN warns Online Poll organisers to desist from using NBA Logo and Name or face Prosecution
DISCLAIMER BY PRESIDENT OF THE NIGERIAN BAR ASSOCIATION, MR YAKUBU CHONOKO MAIKYAU OF THE UNAUTHORISED POLLS BY A BODY WHICH DESCRIBES OR CALLS ITSELF “NBA DECIDES”
My attention has been drawn to a notice issued by a group that calls itself “NBA Decides” announcing the conduct of an election poll in respect of our forthcoming NBA elections. May I inform all our members that the NBA is not conducting any such polls, neither has it given mandate to any group or persons to do so in its name or on its behalf.
The Nigerian Bar Association has, pursuant to Section 10 of the Constitution of the NBA, 2015 (as amended in 2021), empanelled the Electoral Committee of the NBA (ECNBA), which is charged with the responsibility of conducting elections into the national offices of the Association and the election of the representatives of the Association in the General Council of the Bar. All ancillary associated process relating to the said elections are under the watch of the ECNBA as constituted. Therefore, any entity representing itself as “NBA Decides” does not represent the NBA, neither does it have the authority to use the name and brand of the NBA to pass-off its activities under any guise as NBA.
Consequently, we issue this disclaimer against the entity and persons representing themselves as “NBA Decides”, and state as follows:
1. The NBA logo, mark, and brand is a registered trademark of the Nigerian Bar Association and can only be lawfully used by the Association, its lawfully recognized units, and any expressly authorised user. The organizers of what is called “NBA Decides” are not authorised to usurp the name and tag of NBA for promoting any activity or poll not authorized by the NBA.
2. The organisers of “NBA Decides” are hereby warned to cease and desist from the use of the name of NBA or the Nigerian Bar Association in the promotion or representation of their advertised polls allegedly scheduled for 12th, 14th, and 16th June 2024 for various positions of the NBA National Executive Committee.
3. The promoters of the said “NBA Decides” polls are hereby warned that any use of NBA resources, including its Database of Voters (now published by the ECNBA for verification), membership data, etc, for its proposed polls shall be treated as a criminal theft of our data and an unauthorised use of protected privacy details, for which the said organizers shall be duly prosecuted.
4. Finally, where the organisers or promoters of the unauthorized “NBA Decides” are members of the legal profession, they are hereby warned that their action in this regard, in addition to being criminal in nature, will be treated as professional misconduct and liable to be reported to the Legal Practitioners Disciplinary Committee (LPDC).
The NBA and its members have given their mandate over the 2024 elections to the ECNBA, and we have absolute confidence in the ECNBA in its execution of its constitutional task.
Yakubu Chonoko Maikyau, OON, SAN
