•Plaintiff to CJN: set up care-taker committee
![](https://thenigerialawyer.com/wp-content/uploads/2024/11/TheNigerialawyer-WhatsApp-Channel1.jpg")
The Federal High Court in Abuja has declared the Nigerian Bar Association (NBA) constitution illegal.
The court held that everything done on its basis, including the last NBA election, which produced the Abubakar Mahmoud-led executive, is null and void.
Justice John Tsoho, in the judgment delivered last Thursday, invalidated the constitution on the basis of its non-registration with the Corporate Affairs Commission (CAC).
Consequently, counsel for the plaintiff, Mr A.C. Ozioko, has asked the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, to set up a caretaker comittee for the association.
A lawyer, Supo Ojo, sued the Registered Trustees of the NBA over the validity of the NBA constitution.
The lawyer, in a letter to the CJN, asked him as chairman of the Body of Benchers to constitute a caretaker committee to take over the administration and management of NBA’s affairs pending the election of new officers under a constitution recognised by law.
In the March 30 letter, the plaintiff notified the CJN of Justice Tsoho’s verdict which voided the 2015 amended constitution for non-compliance with mandatory provisions of the Companies and Allied Matters Act (CAMA).
The judge also voided all actions taken under the constitution, including the last election.
The plaintiff had sought an order of perpetual injunction restraining NBA and its officers from conducting the association’s affairs on the basis of the constitution purportedly amended and adopted at the Annual General Meeting held in Abuja on August 27, 2015.
“Sir, worthy of note is the fact that the defendant herein did not file any counter-affidavit in opposition to the plaintiff’s suit, rather they filed a frivolous preliminary objections which were all dismissed by the court,” the lawyer wrote.
Ozioko said the effect of the judgment was that the 2016 NBA national officers’ election which Mahmoud “won” has been nullified and voided in its totality.
“Put differently, the tenure of the Abubakar Balarabe Mahmoud (SAN) led NBA has ended abruptly by virtue of the instant court judgment, thus necessitating the takeover of the administration and management of the affairs of the NBA forthwith by the General Council of the Bar and subsequent conduct of fresh NBA national elections under the extant 2001 NBA Constitution, in line with its statutory obligations.
“For the sake of emphasis, we will like to point out that the reliefs granted by the court as contained in the judgment are declaratory in nature and as such, they take immediate effect as they cannot be stayed.
“We also wish to note that there is currently no appeal against the instant judgment and even if the defendant subsequently files one, the law is now settled that a stay of execution cannot operate against declaratory judgments such as the instant one,” the lawyer wrote.
He copied to the Attorney-General of the Federation, past NBA presidents, Body of Benchers, Council of Legal Education (CLE), Body of Senior Advocates of Nigeria (BOSAN), among others.
Ozioko also wrote Access Bank Plc, requesting the suspension of NBA’s account pending the appointment of a caretaker committee by the CJN.
The March 31 letter reads in part: “The order of the Honourable Court only recognises the NBA constitution adopted at the delegates conference held in Calabar on August 31, 2001 registered with and approved by the Corporate Affairs Commission, as the only valid constitution.
“Consequently, the President, Nigerian Bar Association, Mr. Abubakar Balarabe Mahmoud, SAN, the General Secretary, Mr. Isiaka Abiola Olagunju and the Treasurer, Abdullahi Aisha Ado, on behalf of themselves and other national officers, staff, organs, committees, branches, members, representatives and/or any person acting on behalf of or in the name of the NBA have all been divested of the powers of administration and management of the NBA effectively immediately.
“Flowing from the above, the President, the General Secretary, and the Treasurer, who are signatories to account numbers – 0000976716, 0694192920 and any other account number held in any name whatsoever by the Nigerian Bar Association should not be allowed to operate and manage these accounts from henceforth.”
However, NBA, in a statement by its General Secretary, Isiaka Olagunju, said the counsel to the Incorporated Trustees of the NBA “has already appealed the decision”.
“The association has constituted a team comprising very senior and capable legal practitioners to represent the NBA and if necessary to join the appeal against this decision so as to preserve the continued smooth operation of the association both at the state and national levels,” the statement said.
Olagunju said Mahmoud and other officers were not parties to the suit.
NBA directed its officers “to continue to discharge their responsibilities”.
Reimagine your practice with the power of AI “...this is the only Nigerian book I know of on the topic.” — Ohio Books Ltd
Authored by Ben Ijeoma Adigwe, Esq., ACIArb (UK), LL.M, Dip. in Artificial Intelligence, Director, Delta State Ministry of Justice, Asaba, Nigeria.
Bonus:
Get a FREE eBook titled “How to Use the AI in Legalpedia and Law Pavilion” with every purchase.
How to Order: 📞 Call, Text, or WhatsApp: 08034917063 | 07055285878 📧 Email: benadigwe1@gmail.com 🌐 Website: www.benadigwe.com
Ebook Version: Access directly online at: https://selar.com/prv626
______________________________________________________________________ "You Don't Need To Be Rich, You Just Need To Start" — Victoria Ezeigwe, Esq Launches Investment Handbook For Nigerians Starting With ₦5,000
Get your copy today and take the first step toward financial growth:
_______________________________________________________________________ [A MUST HAVE] Evidence Act Demystified With Recent And Contemporary Cases And Materials
_______________________________________________________________________
