*Addresses “Misinformation” After Court Denies Access to NBA Election Documents
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Mr. Tobenna Erojikwe has responded to the judgment delivered on March 27, 2025, by Honourable Justice C.O. Agashiezi of the High Court of the Federal Capital Territory regarding his suit against the Nigerian Bar Association (NBA), the Electoral Committee of the NBA (ECNBA), and Electionbuddy Inc. The suit sought to compel the release of materials used in the NBA National Officers Elections held on July 20, 2024.
Mr. Erojikwe had initially requested these materials in line with the relevant provisions of the NBA Constitution, which emphasize transparency and openness in the conduct of elections. However, the ECNBA declined the request and instructed Electionbuddy Inc. to withhold the materials. Consequently, Mr. Erojikwe filed Suit No. FCT/HC/4393/2024 to enforce his right to access these materials.
In the judgment, the court dismissed preliminary objections raised by the NBA and ECNBA but ultimately ruled against Mr. Erojikwe, holding that obtaining the consent of all lawyers who participated in the election was a prerequisite to accessing the requested materials under the Nigerian Data Protection Act (NDA). While acknowledging the NBA Constitution’s provisions on transparency, the court determined that the release of such information was restricted due to privacy laws.
Expressing concerns over the implications of the judgment, Mr. Erojikwe stated:
“The decision, if upheld, renders key transparency provisions of the NBA Constitution ineffective, as it imposes an impractical requirement on any candidate seeking to verify electoral processes.”
He further compared the ruling to a scenario where candidates in national elections would be required to obtain voter consent before accessing electoral materials from the Independent National Electoral Commission (INEC), calling such a requirement “unimaginable.”
Mr. Erojikwe has confirmed that he has applied for a certified copy of the judgment and intends to appeal the decision at the Court of Appeal. He emphasized that this case is not solely about the 2024 NBA Elections but rather about ensuring transparency and accountability in all future NBA elections.
Additionally, he addressed misinformation regarding the ruling, noting that several media reports inaccurately suggested that his suit challenged the election outcome or that a candidate’s victory was affirmed. He criticized the NBA’s role in disseminating misleading information and called for accountability within the association.
“The NBA must lead by example. Our profession is built on integrity and transparency, and we must ensure that our electoral processes reflect these values,” he asserted.
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