NBA Elections: Why Was I Disenfranchised?
By Ismail Salif
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Listening to people comment on, and make all sorts of assertions about, the just-concluded NBA election saddens me. What is even more disturbing is the recurring claim that “losers must complain.” Such a mindset misses the very essence of democracy.
The reality is that every election produces both a winner and a loser. A contest designed to produce a victor cannot have two winners. However, the legitimacy of that victory does not rest solely on who emerges victorious; it rests on the credibility of the process that produced the outcome.
An electoral process must be transparent, accountable, and capable of inspiring confidence. Elections are not merely about outcomes, they are about the integrity of the process that leads to those outcomes. Both candidates and voters should be able to say, “I am confident that the process was free, fair, and credible.” That confidence is the foundation upon which every democratic institution stands.
No election can ever be perfect, just as no human being is perfect. Nevertheless, any irregularities should not be so significant that they cast doubt on the credibility of the process or result in the disenfranchisement of a substantial number of eligible voters.
The NBA election, like every democratic election, exists to provide members with the opportunity to choose those who will lead and represent them at the national level. But what does it say about that process when eligible voters like myself and many other young lawyers were unable to exercise that fundamental right?
On election day, I tried everything within my power. I attempted to log in using different phones, a laptop, and multiple internet networks, yet I repeatedly received the message: “Invalid SCN.” Before anyone suggests that I should have used my Examination Number instead, let me state that I tried that option as well. Unfortunately, I was met with repeated error messages stating: “Unauthorized authentication” or “Unable to get authorization.”
I did not stop trying. From about 9:00 a.m. until approximately 11:45 p.m., I continued attempting to access the voting portal. My objective was simple: to exercise my constitutional and democratic right as a member of the Bar. Whether my preferred candidate won or lost was secondary. Voting itself was my right, and I was denied that right.
The ECNBA sent several emails before the election outlining the voting procedures. At no point was I informed that voters could use their Examination Number as an alternative means of authentication. If that option indeed existed, what changed? Why was such critical information not clearly communicated to every eligible voter before or during the election? Even after the election concluded, I received no communication clarifying the issue.
These circumstances naturally raise troubling questions. Was the Committee aware that many voters were experiencing these challenges? Was it aware that some members eventually voted using their Examination Numbers while others remained locked out? If so, why was that information not promptly communicated to all eligible voters? If not, why was there no effective monitoring or response mechanism? I sincerely hope to be convinced otherwise, but these questions deserve clear and satisfactory answers.
Despite my frustrations, I refused to give up. I repeatedly called the support lines provided, but my calls went unanswered. I sent an email to the election support team detailing my complaint and, as of the time of writing, I have yet to receive a response. I still hope one will come.
As a young lawyer participating in an NBA election for the first time, I was genuinely excited to contribute to choosing those who would represent me and thousands of others. Instead, I was left frustrated, excluded, and questioning the very process I had looked forward to participating in.
How, then, am I expected to have confidence in the electoral process and, by extension, the Bar itself? How do I convince myself that the integrity of the NBA is beyond question? How do I assure myself that we conduct elections and not merely selections? How do I trust an institution that could not guarantee me the opportunity to exercise one of my most basic rights as a member?
These are not accusations. They are genuine questions that deserve genuine answers.
This is not about any candidate. It is not about who won or who lost. It is about me and many other eligible voters who fulfilled every requirement to vote yet were denied the opportunity to do so. Our right to participate in the electoral process was taken away from us.
I was eligible. I was ready. I was willing. Yet, I was disenfranchised.
The question that continues to linger in my mind is simple: Why was I disenfranchised?
The views expressed in this article are solely those of the author and are intended to contribute to professional discourse on disenfranchisement. They do not represent the official position of this platform.
Ismail Salif, Esq.
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