NSCDC Officer Takes NBA To Court Over “Discriminatory” Constitutional Provisions Against Public Service Practitioners

A legal officer at the Nigerian Security and Civil Defence Corps, Kaduna Command, Paul J. Magga, has filed a suit at the Federal High Court, challenging the constitutionality of Article 9(3)(b) of the Nigerian Bar Association (NBA) Constitution as amended in 2021.

The provision in question restricts the positions of President, 1st Vice President, and General Secretary to only lawyers in private practice.

Magga argues that this provision directly violates Section 42 of the 1999 Constitution of the Federal Republic of Nigeria, which prohibits discrimination. He contends that every qualified member of the NBA, regardless of whether they are in private legal practice or public service, should be entitled to stand for election into any of the National Offices.

The suit, filed by Magga’s counsel, Uche Amulu, Esq. and T.M. Ozioko, Esq., also challenges the provisions of the NBA Constitution that make the decisions of the Dispute Resolution Committee and Election Appeal Committee final, thereby ousting the judicial powers of the court established by law under Sections 4(8) and 6 of the 1999 Constitution.

Magga seeks a declaration from the Federal High Court that Article 21(4) and paragraph 3 Part IX of the Second Schedule of the NBA Constitution (as amended in 2021) are unconstitutional, null and void for offending sections 6 of the 1999 Constitution.

He also seeks an order declaring that only a court established by law has the power to determine issues to finality, and the decisions of the Dispute Resolution Committee and Election Appeal Committee cannot be final as it usurps the jurisdiction of the court.

Furthermore, Magga is seeking N10 million in damages against the respondents, which include the Incorporated Trustees of the Nigerian Bar Association and Seun Abimbola, SAN, Chairman of the NBA Electoral Committee, for their actions breaching the rights of the applicant and other lawyers in public legal practice and for usurping the powers of the court.