The Federal High Court, No. 2 Kaduna Division, has dismissed the Fundamental Human Rights enforcement suit filed by Dr. Kajit J. Bagu, Esq., for not complying with Section 16 of the NBA Constitution as amended.

Honorable Justice Mallong P. Hoommuk, on Monday, the 16th day of December, 2019 dismissed the suit with Suit No: FHC/KD/CS/34/2017 between Dr. Kajit J. Bagu, Esq., and The Incorporated Trustees of the Nigerian Bar Association & 2 Ors, for not exploring the internal dispute resolution mechanism provided for in the constitution before any aggrieved member can have resort to the Court.

TheNigerialawyer (TNL), recalls that Dr. Kajit J. Bagu, Esq., had filed an 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. The action was brought against the Incorporated Trustees of the NBA, the Attorney General of the Federation and the National Assembly.

The applicant had claimed infringement of his right and damages in equal proportion against the Respondents in the total sum of N402, 000,000.00 (four hundred and two million naira), as well as a cost of N30, 000, 000.00 (thirty million naira).

The Court presided over by Honorable Justice Mallong P. Hoommuk whilst agreeing with the submission of Sherrif Y. Ndasule, Esq., learned Counsel for the 1st Respondent, the NBA, that the Suit was premature for non-compliance with section 16 of the NBA Constitution which makes provision for exploring the internal dispute resolution mechanism provided for therein before any aggrieved member can have resort to the Court.

The Court, thus, concluded that it lacked the requisite jurisdiction to entertain the action.

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