Lawsuit On NBA

Honourable Justice S.B.A. Candide Johnson of the High Court of Lagos State has granted an order restraining Ezekiel Ogbaide from acting as the Chairman of the NBA Ikorodu branch pending the determination of a Motion on Notice.

The Order was granted based on an ex parte motion dated the 1st day of April, 2019 with Suit No: ID/6127GCMW/2019, which was filed by Femi Falana, SAN and made available to TheNigerialawyer (TNL).

The Claimant, Mr. Bayo Akinlade is seeking before the court the following reliefs:

1. AN ORDER of interim injunction restraining the defendant whether by himself, servants, agents, privies, or howsoever called from acting on the purported suspension of the Claimant of the Ikorodu branch of the Nigerian Bar Association on March, 28th 2019 by the National Executive Council of the Nigerian Bar Association pending the hearing and determination of the Motion on Notice.

2. AN ORDER of interim injunction restraining the defendant whether by himself, servants, agents, privies, or howsoever called from preventing the Claimant/Applicant from performing his duties of the Chairman of the Ikorodu branch of the Nigerian Bar Association on March, 28th 2019, by the National Executive Council of the Nigerian Bar Association pending the hearing and determination of the Motion on Notice.

3. AN ORDER of interim injunction restraining the defendant whether by himself, servants, agents, privies or howsoever called from parading himself as the Chairman of the Nigerian Bar Association pending the hearing and determination of the Motion on Notice.

On hearing the application, the Judge held that of all six grounds upon which the application is brought before the court, Ground 1, 2, and 5 are particularly worthy of some reliefs. The said grounds are that, ”there is need to preserve the office of the NBA Ikorodu in this suit; that the Claimant has a vested right which ensures from the Ikorodu branch of the NBA conducted election on July, 25th 2018; and that unless the order is granted, the NBA Ikorodu branch will be plunged into chaos with no branch chairman and vice chairman”.

The court in granting the orders sought, also granted three additional orders to wit: That Claimant shall not later than 3 working days from the day in which the order is granted, file in court and undertaking as to damges; that the life span of the interim injunction shall in the circumstance operate till 12th mid night on Friday, 12th April, 2012, subject however to renewal or an order of the court.

The court further fixed the substantive hearing of the Motion on Notice for Interlocutory injunction for the 16th day of April, 2019.

TheNigerialawyer (TNL) recalls that the National Executive Council of the Nigerian Bar Association (NBA) had via a resolution suspended the Chairman of the branch, Mr. Bayo Akinlade for violating the directive of the NBA President. The Council by another resolution also appointed Mr. Ezekiel Ogbaide as the Acting Chairman of the branch.

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