*Files Notice Of Appeal And Injunction Pending Appeal Against Court’s Reversal Of NEC’s Decision.
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The Nigerian Bar Association has appealed the ruling of the Federal High Court, Abuja, which set aside the nullification of the suspension of the General Secretary of the Association, Mrs. Joyce Oduah.
In separate appeals by the NBA President, Akpata through his lawyer, Godwin Omoaka SAN, and the other National Officers, the NBA is asking the Court of Appeal to set aside the ruling of the Federal High Court which nullified the ratification of the suspension of Mrs Joyce Oduah as General Secretary.
In the Notice of Appeal filed by the NBA President, the Appellants premised their appeal on two grounds as follows:
1. The Court below erred in law when it held that the approval of the suspension of the 1st Respondent by the National Executive Committee of the Nigerian Bar Association stating that the act of ratification altered the subject matter of the proceedings before it.
2. The Court below erred in law by granting an order of mandatory injunction when the conditions for granting an order of mandatory injunction had not been met by the 1st Respondent.
The Appellant prayed the Court of Appeal to allow the appeal and reverse the ruling of the court which gave a mandatory injunction nullifying the ratification.
The Appellants also filed a Motion of Stay of Execution before the Federal High Court.
In the Motion filed in SUIT NO: FHC/ABJ/CS/1426/2022 , they contended that giving effect to the Court’s ruling will render the Court of Appeal’s hearing of the matter nurgatory and a mere academic exercise.
In similar vein, nine other members of the National Executive Committee also filed a separate appeal challenging the Tuesday’s ruling of the Federal High Court.
In their notice of appeal filed by their lawyer, Chief Asamah Kadiri SAN, the National Officers are urging the Court of Appeal to vacate the said ruling on four grounds.
They contended inter alia:
1. The trial judge erred in law when he delivered the ruling without fair hearing to the Appellants.
2. He trial judge erred by assuming jurisdiction over a matter which falls within the domestic affairs of the NBA and which the Court lacks jurisdiction to hear when the Respondent has not exhausted its internal dispute resolution mechanism.
3. The trial judge erred in law when he delivered the judgement based on oral application without any materials before the Court.
4. The Trial Judge erred by sitting an hearing the Respondent when they had yet to serve processes on the Appellant.
In similar vein, they also filed a Notice of Stay of Execution before the Federal High Court.
Recall that on Tuesday, 23rd of August, the Federal High Court in Abuja had nullified the ratification of the suspension of Mrs Joyce Oduah as General Secretary of the Association following an action before the Court challenging the said suspension.
*Motion For Injunction Pending Appeal
*Motion On Notice For Joyce Oduah
*Notice Of Appeal In Joyce Oduah
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