Appeal Court Dismisses N402m Suit Against NBA

The Court of Appeal sitting in Kaduna has affirmed the decision of the trial Court dismissing the Fundamental Human Rights enforcement suit filed by Dr. Kajit J. Bagu, Esq., for lacking in merit.

Dr. Kajit J. Bagu approached the Court of Appeal to set aside the Judgment of the Federal High Court, Kaduna to the effect that the Appellant’s (Applicant’s) Originating Application is premature, not initiated by due process of the law, and upon fulfillment of the condition precedent to the exercise of its jurisdiction the Appellant having failed to explore the internal dispute resolution mechanism of the Incorporated Trustees of the NBA, in compliance with section 16 of the Nigerian Bar Association Constitution as amended.

On 17th March, Justice Mojeed A. Owoade JCA, Bitrus G. Sanga, JCA and Mohammed B. Idris, JCA in Appeal No. CA/K/83/2020 dismissed the Appellant’s appeal filed against the Judgment of the Federal High Court, Kaduna Division in Suit No. FHC/KD/34/2017.

In the lead Judgment delivered by Bitrus Gyarazama Sanga, JCA the the court found that the appeal lacks merit and accordingly dismissed same.

The court held “The Appellant by choosing to be a legal practitioner is automatically a member of the 1st Respondent”.

“By the provisions of Section 16 of the Constitution of the 1st Respondent an aggrieved member shall not resort to legal action in court unless his complaint is considered by the Dispute Resolution Committee within sixty days from the date of receipt of the complaint.

“The Appellant is advised to abide by this simple procedure”.

The court concluded by affirming the decision of the lower Court in Suit No. FHC/KD/CS/34/2017 delivered on 16th December, 2019. Dr. Kajit’s claim against the NBA for four hundred and two million naira (N402, 000,000.00), as well as a cost of thirty million naira, (N30, 000, 000.00) was also dismissed.

TheNigerialawyer (TNL), reports that Dr. Kajit J. Bagu, Esq., had in 2017 filed an action against Incorporated Trustees of the NBA, the Attorney General of the Federation and the National Assembly.
The application which he brought pursuant to Order 2 Rules 1-5 of the Fundamental Rights (Enforcement Procedure) Rules 2009, Section X (2) of the African Charter on Human and Peoples Right (Ratification and Domestication) Act Cap. A9 LFN 2004, and Section 40 of the 1999 Constitution of the Federal Republic of Nigeria, seeking for the enforcement of his fundamental right to freedom of association.

Sherrif Y. Ndasule, Esq, represented the Incorporated Trustees of the Nigerian Bar Association.