*As Suit Adjourns To March 10
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The High Court of Justice, Oyo State of Nigeria, sitting in the Ibadan Judicial Division, has granted an ex parte interim injunction restraining the Nigerian Bar Association (NBA), its officers, organs, committees, agents, servants, privies, and any person acting for or on their behalf from recognising, accepting, or processing the nomination of any candidate other than the consensus candidate presented by the Incorporated Trustees of Egbe Amofin O’odua for the office of the President of the Nigerian Bar Association in the forthcoming 2026 NBA General Election.
The order, contained in an Enrolled Order of Interim Injunction issued in Suit No. I/205/2026, Court No. 17, was made by Hon. Justice Y. S. Adekunle on 24 February 2026, following the hearing of a Motion Ex Parte brought by the claimant. The court stated:
“Ordered and Granted as Prayed. I have had a sober reading of the facts in the affidavit and his written address. An interim injunction is a temporary relief to safe the res of a suit. I am convinced that the Applicant has made out a case for the grant of the application.”
The interim injunction was granted pending the hearing and determination of the Motion on Notice for interlocutory injunction dated 16 February 2026. The court adjourned the matter to 10 March 2026 for hearing of the Motion on Notice and directed the applicants to ensure service of the Motion on Notice and Originating Summons on all defendants within a reasonable time.
The order was issued under the seal of the court and the hand of the Presiding Judge at Ibadan on 24 February 2026, and was certified by A. H. Adeyemo, Senior Registrar, High Court Registry, Iyaganku, Ibadan.
Originating SummonsThe Suit: Originating Summons
The order arose from an Originating Summons (Form 3, Order 4 Rule 9) filed by the Incorporated Trustees of Egbe Amofin O’odua at the High Court of Oyo State, Ibadan Judicial Division, on 16 February 2026. The summons is directed at six defendants.
The Defendants
According to the Originating Summons, the defendants are as follows:
- The Incorporated Trustees of the Nigerian Bar Association, of NBA House, Plot 1101, Mohammadu Buhari Way, Central Business District, F.C.T., Abuja, Nigeria.
- Mazi Afam Josiah Osigwe, SAN, of NBA House, Plot 1101, Mohammadu Buhari Way, Central Business District, F.C.T., Abuja, Nigeria.
- The Body of Benchers, of Plot 688, Institute & Research District, FCC, Phase III, Abuja, FCT.
- The General Council of the Bar, C/O NBA House, Plot 1101, Mohammadu Buhari Way, Central Business District, F.C.T., Abuja, Nigeria.
- The Attorney-General of the Federation and Minister of Justice, of the Federal Ministry of Justice Headquarters, Plot 71B, Shehu Shagari Way, Maitama District, Abuja, Federal Capital Territory (FCT), Nigeria.
- Aham Ejelam, SAN (Chairman, Electoral Committee of the Nigerian Bar Association, for himself and as representing all the members of the Electoral Committee of the Nigerian Bar Association), C/O NBA House, Plot 1101, Mohammadu Buhari Way, Central Business District, F.C.T., Abuja, Nigeria.
The Questions Posed for the Court’s Determination
The Originating Summons places three questions before the court for determination.
Question 1: Whether, considering the provisions of section 6(6)(b) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), vis-à-vis the provisions of Section 10(5) and Paragraphs 1–5 of Part III of the 2nd Schedule to the Constitution of the Nigerian Bar Association (as amended in 2025)—which guarantee the rotation of the office of the President, First Vice President, Second Vice President, Third Vice President, and the General Secretary of the Association among the different Geographical Zones, Groups, and/or Sections, for the purpose of determining eligibility of candidates for election into those offices—there has not been a vested legal right to be protected by the court, on the claimant being the sole interested group within the next geographical zone to produce a candidate for the office of the President of the 1st Respondent, to produce such a candidate without let or hindrance.
Question 2: Whether the defendants, their agents, officers, organs, committees, and members are not bound and obligated to observe and ensure strict compliance with the zoning arrangement enshrined in Section 10(5) and Paragraphs 1–5 of Part III of the 2nd Schedule to the Constitution of the Nigerian Bar Association (as amended in 2025), which guarantee the rotation of the office of the President, First Vice President, Second Vice President, Third Vice President, and the General Secretary of the Association among the different Geographical Zones, Groups, and/or Sections, for the purpose of determining eligibility of candidates for election into those offices, particularly as those provisions relate to the vested right of the claimant.
Question 3: Whether, considering the provisions of Section 10(5) and Paragraphs 1–5 of Part III of the 2nd Schedule to the Constitution of the Nigerian Bar Association (as amended in 2025), which guarantee the rotation of the office of the President, First Vice President, Second Vice President, Third Vice President, and the General Secretary of the Association among the different Geographical Zones, Groups, and/or Sections, for the purpose of determining eligibility of candidates for election into those offices, and the fact that the office of the President has been zoned to the Western Zone by the 1st Defendant, and also the fact that the claimant, being the sole group interested in presentation of candidates for the office, has in accordance with the provisions of the NBA Constitution (as amended in 2025) presented a candidate for that office, the defendants can disregard the choice of the presented candidate of the claimant in total disregard of the express provisions of the NBA Constitution (as amended in 2025).
Interim InjunctionThe Reliefs Sought by the Claimant
Upon the resolution of the above questions, the claimant prays the court for the following reliefs:
Relief 1: A declaration that by the provisions of section 6(6)(b) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), vis-à-vis Section 10(5) and Paragraphs 1–5 of Part III of the 2nd Schedule to the Constitution of the Nigerian Bar Association (as amended in 2025), which guarantee the rotation of the relevant offices among the different Geographical Zones, Groups, and/or Sections, there is a vested legal right to be protected by the court on the claimant being the sole interested group within the next geographical zone to produce a candidate for the office of the President of the 1st Respondent, to produce such a candidate without let or hindrance.
Relief 2: A declaration that the defendants, their agents, officers, organs, committees, and members are bound and obligated to observe and ensure strict compliance with the zoning arrangement enshrined in the aforesaid provisions, particularly as those provisions relate to the vested right of the claimant.
Relief 3: A declaration that by the provisions of Section 10(5) and Paragraphs 1–5 of Part III of the 2nd Schedule to the Constitution of the Nigerian Bar Association (as amended in 2025), and the fact that the office of the President has been zoned to the Western Zone by the 1st Defendant, and also the fact that the claimant, being the sole group interested in presentation of candidates for the office, has in accordance with the provisions of the NBA Constitution (as amended in 2025) nominated a candidate for that office, the defendants cannot disregard the choice of the presented candidate of the claimant and purport to proceed with an election to the office of the President of the 1st Defendant.
Relief 4: An order of this Honourable Court compelling the defendants, their agents, or any person or persons acting on their behalf to recognise for the purposes of eligibility to contest for the office of the President of the Nigerian Bar Association during the 2026 Nigerian Bar Association General Election, the sole candidate presented by the claimant, the claimant being the only group within the Western Zone of the 1st Defendant interested in presenting a candidate for the office of President of NBA and the candidate being the ONLY person and/or candidate presented in compliance with the constitutional provisions for the emergence of the candidate from the Zone (Western Zone) and to which all the aspirants from the South Western Group as represented by the claimant have duly subscribed.
Relief 5: An order of this Honourable Court restraining the defendants, their agents, officers, organs, or committees from accepting the nomination of, or recognising the candidacy of, any candidate NOT being the candidate presented by the claimant, the claimant being the only group within the Western Zone of the 1st Defendant interested in presenting candidate for the office of President of NBA and the candidate being the ONLY person and/or candidate satisfying the provisions of the NBA Constitution (as amended in 2025) within the claimant for the emergence of the candidate from the Zone (Western Zone) and to which all the aspirants from the South Western Group as represented by the claimant have duly subscribed.
Relief 6: And for such orders or further orders that this Honourable Court may deem fit to grant in the circumstances.
The Motion Ex Parte was supported by an affidavit of forty (40) paragraphs, deposed to by Adetunji Osho, SAN, described in the court records as an Adult, Male, Nigerian Citizen, of NBA House, Aare Afe Babalola Bar Centre, Iyaganku, Ibadan, Oyo State. The affidavit was sworn to and filed at the High Court Registry, Ring Road, Ibadan, on 16 February 2026.
The Originating Summons was taken out by Tunji Ogunrinde, SAN, whose address is Tunji Ogunrinde SAN & Co., Yekogun Chambers, of 14 Sanusi Akere Street, Oluyole Estate, Ibadan, Oyo State. The full legal team, as listed on the court documents, comprises: J. S. Okutepa, SAN; Chief Yomi Aliyu, SAN; Kazeem A. Gbadamosi, SAN; Soji Olowolafe, SAN; Seun Ajayi, SAN; R. O. Balogun, SAN; Tunji Ogunrinde, SAN; Ibrahim Mukhtar, Esq.; Taiwo Adedeji, Esq.; Tope Alabi, Esq.; and Ejuro Uruejoma, Esq..
According to the Originating Summons, the summons is to be served out of the Oyo State of Nigeria in the Federal Capital Territory, Abuja, Nigeria. The defendants are required, within 30 days after service, inclusive of the day of such service, to cause an appearance to be entered before the court.
The case has been adjourned to 10 March 2026 for the hearing of the Motion on Notice for interlocutory injunction. The interim order remains in force pending the hearing and determination of that motion.
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