The Court of Appeal sitting in Ibadan has set aside the proceedings and interim orders of the Oyo State High Court which restrained the Electoral Committee of the Nigerian Bar Association from taking steps towards the conduct of the 2026 NBA National Officers’ Election.
![](https://thenigerialawyer.com/wp-content/uploads/2026/06/ELLAN.png")
![](https://thenigerialawyer.com/wp-content/uploads/2026/05/2026-Summer-IDRI-Masterclass.jpg")
In a unanimous judgment delivered on July 14, 2026, the appellate court held that the Oyo State High Court lacked jurisdiction to entertain the suit and that all proceedings and orders made by the lower court, including the ex parte interim injunction, were null and void.
The judgment was delivered by Justice Fadawu Umaru, with Justices Kenneth Ikechukwu Amadi and Fatima Binta Zubairu concurring.
The appeal, marked CA/IB/110/2026, was filed by the Chairman of the ECNBA, Aham Ejelam, SAN, alongside other members of the electoral committee: Ibrahim Aliyu Nasarawa, Muhammad M. Nuhu, Uju Okafor and Ume Maduka.
The respondents included Chief Gabriel Ojo Adekunle Ijalana; the Incorporated Trustees of the Nigerian Bar Association; NBA President, Mazi Afam Josiah Osigwe, SAN; the Body of Benchers; and the Attorney-General of the Federation, in his capacity as Chairman of the General Council of the Bar.
Also listed among the respondents were Ibrahim Lawal, Raymond Oki and Omotan Olusola Ogunmodede.
The appeal challenged the ruling of Justice G.A. Opayinka of the Oyo State High Court delivered on March 4, 2026, which granted an ex parte interim injunction restraining the appellants from acting as members of the ECNBA or taking further steps towards conducting the 2026 NBA National Officers’ Election.
The suit before the Oyo High Court had been instituted by the 1st to 4th respondents through an originating summons seeking interpretation of provisions of the 2025 amended NBA Constitution relating to the composition of the ECNBA and some provisions of the Legal Practitioners Act.
Delivering the lead judgment, Justice Umaru held that jurisdiction is the foundation of every judicial proceeding, stressing that where a court lacks jurisdiction, every step taken in the matter, no matter how well conducted, amounts to a nullity.
“Jurisdiction remains the lifeblood of every judicial proceeding. It is elementary that where a Court lacks jurisdiction, every step taken in the proceedings, no matter how well conducted, amounts to a nullity,” the court held.
The Court of Appeal agreed with the appellants that the dispute centred on the interpretation of the NBA Constitution, the governing instrument of an incorporated trustee registered under the Companies and Allied Matters Act.
On that basis, the appellate court held that the matter fell within the exclusive jurisdiction of the Federal High Court under Section 251 of the 1999 Constitution.
The court held that the respondents were not merely challenging administrative acts, but were questioning appointments made under the NBA Constitution, making the dispute one relating to the governance of an incorporated body.
It consequently held that the Oyo State High Court lacked subject-matter jurisdiction to hear the case.
The appellate court also held that the suit was wrongly filed in Oyo State, noting that the appointments being challenged were made during an NBA National Executive Council meeting in Benin City, Edo State, while the appellants carried out their official duties in Abuja.
The court described the filing of the action in Ibadan as a classic case of forum shopping and an abuse of court process.
It further held that the 1st to 4th respondents lacked the necessary locus standi to institute the action because they were neither aspirants nor candidates in the NBA election and failed to show any personal legal injury arising from the appointment of the ECNBA members.
The Court of Appeal also found that the respondents failed to comply with Article 21 of the NBA Constitution, which requires disputes relating to the affairs of the Association to first be referred to the NBA Dispute Resolution Committee before parties approach the court.
The appellate court equally faulted the ex parte injunction granted by the lower court, holding that it effectively granted the substantive reliefs sought in the suit before the appellants were given an opportunity to be heard.
According to the court, such an order violated settled principles governing interim and interlocutory reliefs as well as the constitutional right to fair hearing.
In his concurring judgment, Justice Kenneth Ikechukwu Amadi made a significant pronouncement on the powers of the Attorney-General of the Federation, holding that the office cannot issue directives to courts in pending cases.
“The question that now begs for an answer is whether the office of the Honourable Attorney-General of the Federation can give any directive — that is, an order or instruction in a matter pending before this Court or any other court… The obvious answer is certainly no. To allow that will certainly enable that office to usurp and interfere with matters before the courts,” Justice Amadi held.
Justice Amadi also criticised counsel to the 1st to 4th respondents for refusing to adopt their brief of argument despite being present in court.
He described the conduct as “a blatant disregard for the established procedure governing appellate proceedings,” adding that a brief of argument acquires legal effect only when adopted.
He consequently struck out the respondents’ brief and held that the appeal remained unchallenged by the 1st to 4th respondents.
Allowing the appeal, the Court of Appeal declared the proceedings and interim injunction granted by the Oyo State High Court on March 4, 2026, null and void.
It also struck out Suit No. I/221/2026 for want of jurisdiction and made no order as to costs.
The judgment removes a major legal obstacle created by the Oyo High Court proceedings against the ECNBA and clears the way for the 2026 NBA National Officers’ Election to proceed under the supervision of the electoral committee.
The dispute formed part of the wider legal battle surrounding the 2026 NBA election, particularly over zoning, consensus arrangements, the composition and independence of the ECNBA, and the eligibility of candidates for the office of NBA President.
In a related suit, Suit No. I/205/2026, filed by the Incorporated Trustees of Egbe Amofin O’odua, Justice Y.S. Adekunle of the Oyo State High Court had earlier granted an interim injunction on February 24, 2026, restraining the NBA from recognising, accepting or processing the nomination of any candidate other than the consensus candidate presented by Egbe Amofin O’odua for the office of NBA President.
That order was made pending the hearing and determination of the motion on notice.
The dispute followed the position of Egbe Amofin O’odua that, since the NBA presidency had been zoned to the Western Zone for the 2026 election, the candidate selected through its consensus arrangement should be recognised as the zone’s sole nominee.
The Western Zone comprises Lagos, Ondo, Oyo, Osun, Ogun, Ekiti, Edo and Delta states.
However, opponents of that position argued that the NBA Constitution provides for universal suffrage and permits all eligible lawyers nationwide to vote for their preferred candidates, rather than allowing a regional Bar forum to determine a sole candidate for the Association.
The two sets of Oyo High Court orders had created uncertainty over the election timetable, the authority of the ECNBA and the participation of presidential candidates who were not presented under the Egbe Amofin O’odua consensus arrangement.
The leading presidential candidates in the election are Aare Olumuyiwa Akinboro, SAN; Oyinkansola Badejo-Okusanya, SAN; and Lateef Omoyemi Akangbe, SAN.
The election is expected to produce a successor to the incumbent NBA President, Mazi Afam Osigwe, SAN.
The ECNBA, chaired by Aham Ejelam, SAN, was approved at the NBA National Executive Council meeting held in Edo State on November 20, 2025, to conduct the Association’s 2026 national elections.
Other members of the committee are Ibrahim Aliyu Nasarawa, Secretary; Muhammad M. Nuhu; Uju Okafor; and Ume Maduka.
Under the NBA electoral framework, eligible members who have paid their Bar Practising Fees and branch dues participate in national elections through electronic voting.
The Court of Appeal decision reinforces the position that the ECNBA remains empowered to carry out its constitutional responsibility of organising, managing and supervising the 2026 NBA National Officers’ Election in accordance with the NBA Constitution, electoral guidelines and timetable.
The book also examines Nigeria's legal ecosystem, focusing on the LPELR and NBA AI Guidelines. As a bonus, every purchase comes with a FREE eBook titled: How to Use the AI Features in LegalPedia and LawPavilion.
Ohio Books Ltd praises the publication, stating:
"....this is the only Nigerian book I know of on the topic."
How to Order:
📞 Call, Text, or WhatsApp: 08034917063 | 07055285878
📧 Email: benadigwe1@gmail.com
🌎 Website: www.benadigwe.com
Ebook Version: Access it directly online at https://selar.com/prv626
Authored by Ben Ijeoma Adigwe Esq., ACIarb (UK), LL.M, Dip. in Artificial Intelligence, Director at the Delta State Ministry of Justice, Asaba, Nigeria.
_______________________________________________________________________
“Order Justice Omolaye-Ajileye’s Electronic Evidence Books Now” — Essential Guides On Evidence Act, Case Law And Digital Proof
Interested buyers are encouraged to place their orders and enquiries via:
0704 444 4777, 0704 444 4999, 0818 199 9888
Website: www.alexandernigeria.com
