NBA Dutse Branch Crisis: Court Orders Parties To Maintain Status Quo

A High Court sitting in Dutse on Wednesday ordered all parties in the leadership tussle of Dutse branch of the Nigerian Bar Association (NBA) to maintain status quo ante.

Counsel to the Claimants, Dr. Nasiru Adamu Aliyu, SAN, told the court that there was a pending motion seeking an order for mandatory injunction against the defendants.

He said the motion, dated the 14th day of October 2021 and filed on the 15th day of October, 2021, was ripe for hearing.

He however acknowledged the receipt of processes from some of the defendants in court thereby asking for our statutory time to react to same.

The presiding Judge, Justice Abubakar M. Sambo pointed out that in view of the fact that the pre-trial conference has been concluded and about to deliver its report same day, either of the parties should move the court for an extension of the period to enable the court to hear all the pending applications.

Dr. Nasiru Aliyu, then responded that he was concerned about the originating processes in the suit were served on all the defendants sometime in September, 2020, yet some of the defendants, specifically the NBA, went ahead to interfere with the subject matter before the court to the extent of donating to the 8th defendant (Nuhu Suleiman Tafida Esq.) what he is asking before the court in his counter claim.

He added that it amounts to self-help which the law frowns at. He insisted that if such practice is allowed to continue, the essence of coming before the court would be defeated.

He, therefore, urged the court to order for both parties to maintain status quo ante pending the determination of all the pending applications.

Counsel to the 8th, 9th, 10th, 11th 12th & 14th Defendants, Mr. A. H. Sule, objected to the application for, according to him, such an order, if granted, would amount to determination and grant of the application for motion for mandatory injunction.

In reply to this, Dr. Nasiru Aliyu, responded that the counsel has misconceived the two different applications as they are never the same since the prayers in the two applications are entirely different. He urged the court to overrule the objection and proceed to grant the application.

Counsel to the 6th defendant, Mr. Suleh Umar, responded in alignment with the claimants application for parties to maintain the status quo and argued that Mr. A.H Sule misconceived the law when he said that the two applications are the same.

He emphasised that granting the order for parties to maintain the status quo will serve as an interim relief and protect the sanctity of the court, while the substantive application for mandatory injunction is an interlocutory application capable of granting interlocutory relief in favour of the claimants if it succeeds.

He added that although he was for one of the defendants, he was not happy with what the national body of the NBA and some of the defendants did and therefore in support of the application.

Similarly, counsel to the 13th defendant, Yakubu A. H. Ruba, SAN, responded that although he represents one of the defendants, there is no better step to take at the moment with regard to the matter other than to grant the order for parties to maintain the status quo to protect the sanctity of the court.

The court thereafter ruled that evidence before it indicates that there is an allegation that some of the parties are meddling with the issues pending before it.

Consequently, the court ordered that parties are to maintain the status quo ante pending the determination of all the pending applications and no party should do any act capable of interfering with any of the issues pending before the court.

The court added that this measure is taken in the spirit of protecting the sanctity of the court.

The case was adjourned to the 29th November, 2021 for the hearing of all pending applications.

Dr. Nasiru Adamu Aliyu, SAN appeared for the claimants, while Ibrahim Aliyu Nassarawa appeared for the first time for the 1st to 5th Defendants, (NBA, NBA President Olumide Akpata, Paul Usoro, and the immediate past secretaries general of NBA).

Suleh Umar Esq appeared for the 6th Defendant, while A.Y. Dabo appeared for the 7th Defendant.

A.H Sule appeared for the 8th, 9th, 10th, 11th 12th & 14th Defendants, while Yakubu A. H. Ruba, SAN, appeared for the 13th Defendant.