Two lawyers, George Nwabunike and Isaac Ogbah, have filed a lawsuit against the President of the Nigerian Bar Association (NBA), Mr. Yakubu Maikyau SAN, and the Registered Trustees of the NBA, over the “unconstitutional” suspension of all activities of the Association’s Section on Public Interest and Development Law (SPIDEL).

In the suit marked LD/7863GCM/2024 filed at the Lagos High Court, the lawyers argued that Mr Maikyau acted beyond his powers by directing SPIDEL to suspend its activities without any such mandate from the NBA’s National Executive Council. They contend that the NBA Constitution only empowers SPIDEL’s Executive Committee to control the section’s activities.

The lawyers, who are SPIDEL members, further accused the NBA President of attempting to micro-manage the affairs of the section contrary to existing rules. They urged the court to make a declaration that his suspension order was unconstitutional.

According to an affidavit in support of the originating summons deposed by Mr Ogbah, SPIDEL was carrying out its functions as mandated including filing public interest lawsuits when Mr Maikyau issued the suspension directive in January 2024. The lawyers lamented that this has impeded their activities.

The Lagos State High Court is yet to schedule a hearing date for the lawsuit despite the defendants receiving the court processes. However, proceedings are expected to commence soon on this high-profile matter.

According to an affidavit in support of the originating summons deposed by Mr Ogbah, SPIDEL was carrying out public interest lawsuits as constitutionally mandated when Mr Maikyau issued the controversial suspension directive in January 2024 that impeded these activities.

In a 22-paragraph supporting affidavit, the applicant lawyer Nwabunike claimed efforts by SPIDEL to sue some governmental agencies over alleged regulatory overreach were foiled by the NBA President withholding the required litigation approval.

By proscribing SPIDEL activities in his January 31st directive, Maikyau effectively barred further litigation efforts without his personal consultation and consent. The affidavit portrays this as effecting unconstitutional interference.

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