A High Court sitting at Lagos has nullified the suspension of Bayo Akinlade, the Chairman of the Nigeria Bar Association (NBA), Ikorodu Branch.
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In a judgment delivered by Hon. Justice SBA Candide- Johnson dated 24th December, 2019 and made available to TheNigeriaLawyer (TNL), the Court held that the suspension contravenes the Applicant’s right to fair hearing as his letter of defense to the petition written against him was not circulated to the members of the NEC for consideration before his suspension.
“Paragraph 9 appears to admit that the Claimant’s letter of defence dated 19/3/2019 came too late to be circulated to the members of the NEC thereby admitting an absence of fair hearing whilst paragraph 10 is contradictory in yet still contending that “Claimant was given adequate opportunity to defend himself at the meeting”. How exactly would Claimant have defended himself when his letter of defence dated 19/3/2019 was not even circulated and therefore not read or available?”
The court invoked presumption of withholding evidence against the NBA on the ground that the minutes of its 28/03/2019 National Executive Council meeting which it proposed to rely upon to prove compliance with fair hearing was not produced despite undertaking to do so.
“I, therefore, hold that the fundamental withholding and/or failure to produce the minutes of the NBA NEC minutes of 23/3/2019 held in Abuja which could have been produced but was not produced would if produced be unfavorable to the 1st Defendant who has withheld the document”
Bayo Akinlade had, following his suspension, filed a fundamental right enforcement suit before the Lagos State High Court seeking declarations that his suspension on March 28th, 2019 is illegal, null and void as same contravened section 14 of the Uniform Bye-Laws of the NBA, section 36 of the constitution of the Federal Republic of Nigeria, as amended and Article 7 of the African Charter on Human and People’s Rights Act and other reliefs including the nullification of the suspension and an Order restraining Ezekiel Ogbaide, Esq from parading himself as the Acting Chairman of the Nigeria Bar Association, Ikorodu Branch.
NBA challenged the jurisdiction of the Court on the ground that the Alleged breach of fair hearing did not occur in Lagos, therefore only High Court of Abuja shall have the competence to entertain the matter. It relied on the case of Tukur V Government of Gongola State (1988) LPELR-22 (SC)
Bayo Akinlade, on the other hand, agreed with NBA that the alleged contravention took place at Abuja but argued that since the suspension was to be executed in Lagos, then Lagos State had the jurisdictional competence to handle the suit. He cited the case of Onagoruwa V Honourable Justice Nwoked (1982) 3 NWLR 547
The court agreed with Bayo Akinlade. “I, therefore, hold that this Court has jurisdiction to hear this matter.” the court held
The court also discountenanced the issue that Akinlade failed to comply with the condition precedent created by section 16 of the NBA constitution, having not first made complaint to the Dispute Resolution Committee. The court held that the NBA constitution cannot whittle down, restrict or delay a right provided by the constitution of the Federal Republic of Nigeria, as amended.
Click here to download the full judgment in PDF FORMAT
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