*Challenge ECNBA Notices, Website Launch, Nomination Process at Appeal Court

The legal battle surrounding the conduct of the 2026 Nigerian Bar Association (NBA) National Officers’ Election has taken a fresh turn, as Ibrahim Lawal, Esq., Raymond Oki, Esq., Omotan Olusola Ogunmodede, Esq., and Chief Gabriel Ojo Adekunle Ijalana, Esq. (the 1st–4th Respondents/Applicants) have filed a Motion on Notice before the Court of Appeal, Ibadan Judicial Division, seeking to set aside all acts and directives issued by the Electoral Committee of the Nigerian Bar Association (ECNBA).

The motion filed on 17th April 2026 in Appeal No. CA/IB/110/2026 arising from Suit No. I/221/2026 is brought pursuant to Sections 6 and 287(3) of the 1999 Constitution (as amended) and Order 6 Rule 1 of the Court of Appeal Rules, 2021, and under the inherent jurisdiction of the court.

The Applicants instituted Suit No. I/221/2026 at the Oyo State High Court on 19th February 2026, seeking declaratory and injunctive reliefs against the Incorporated Trustees of the NBA, Mazi Afam Josiah Osigwe, SAN, the Body of Benchers, and the Attorney General of the Federation (as Chairman, General Council of the Bar).

On 4th March 2026, Honourable Justice G.A. Opayinka of the Oyo State High Court granted an interim order restraining the Appellants/Respondents Aham Ejelam, SAN; Ibrahim Aliyu Nasarawa, Esq.; Muhammad M. Nuhu, Esq.; Uju Okafor, Esq.; and Ume Maduka, Esq. from parading or holding themselves out as Chairman, Secretary, or members of ECNBA, or taking any steps in furtherance of the 2026 NBA National Officers’ Election.

The Applicants contend that, rather than defend the suit at the lower court, the Appellants/Respondents filed only a Notice of Appeal on 9th March 2026 and a motion for stay of execution on 17th March 2026, while disregarding the subsisting interim order.

Despite the order being in force, the Applicants allege that the Appellants/Respondents have:

  1. Issued ECNBA Notice No. 6 dated 16th March 2026, calling for nominations of candidates for the 2026 elections.
  2. Launched the ECNBA website for the conduct of the election on 28th March 2026.
  3. Circulated invitations for the opening of nomination forms on 9th April 2026.
  4. Held an opening ceremony for nomination forms on 10th April 2026.

The Applicants argue that these acts constitute willful disobedience, self-help, and contempt of court, and are calculated to pre-empt and undermine the pending Motion for Interlocutory Injunction. They submit that the Oyo State High Court adjourned the case sine die on 16th April 2026 pending determination of the appeal, yet the interim order remains valid, subsisting, and binding.

In a 28-paragraph written address supported by a 25-paragraph affidavit deposed to by Ibrahim Lawal, Esq., the Applicants rely on several Supreme Court authorities, including:

  • Kubor v. Dickson (2013) 4 NWLR (Pt. 1345) 534 — on the binding nature of court orders until set aside;
  • Registered Trustees, Apostolic Church v. Olowoleni (1990) 6 NWLR (Pt. 158) 514 — against resort to self-help during pendency of suits;
  • Ojukwu v. Military Governor of Lagos State (1985) 2 NWLR (Pt. 10) 806;
  • Odogwu v. Odogwu (1991) 8 NWLR (Pt. 208) 253;
  • Okoya v. Santilli (1991) 7 NWLR (Pt. 206) 753;
  • Saidu Garba v. Federal Civil Service Commission (1988) 2 SC (Pt. 2) 170;
  • Kwankwaso v. Gov. Kano State (2006) 14 NWLR (Pt. 1000) 444.

The Appellants’ Counter-Position

The Appellants, through their counsel J.J. Usman, SAN, had earlier filed a Notice of Appeal challenging the lower court’s order on five grounds, including:

  • That the Oyo State High Court lacked jurisdiction to hear matters pertaining to the violation of the Constitution of an Incorporated Trustee, which falls under Section 251(1)(e) of the 1999 Constitution the exclusive preserve of the Federal High Court.
  • That the court lacked territorial jurisdiction, since the Appellants reside in Abuja and the cause of action arose in Abuja or Benin, Edo State.
  • That the 1st–4th Respondents lacked locus standi, as they are not aspirants in the said election.
  • That the suit was premature for failure to exhaust the internal dispute resolution mechanism under Article 21 of the NBA Constitution.
  • That the ex parte reliefs granted were substantive and ought not to have been granted at an interlocutory stage.

The Applicants are praying the Court of Appeal for two principal orders:

  1. An order setting aside and declaring null and void all acts, decisions, and proceedings of the Appellants/Respondents including ECNBA Notice No. 6 of 16th March 2026 and all other directives carried out in violation of the interim order of 4th March 2026.
  2. An order restraining the Appellants/Respondents from further acts in breach of the said interim order.
MOTION TO SET ASIDE ECNBA ACTS AND DIRECTIVES TheNigeriaLawyer

The team of solicitors representing the Applicants is led by J.S. Okutepa, SAN of Yekogun Chambers, and includes Chief Yomi Alliyu, SAN; Kazeem A. Gbadamosi, SAN; Soji Olowolafe, SAN; Seun Ajayi, SAN; R.O. Balogun, SAN; and Tunji Ogunrinde, SAN, among others.

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