Set up caretaker committee for NBA now – Lawyer writes CJN
The Chief Justice of Nigeria (CJN), Justice Walter Samuel Nkanu Onnoghen, as the chairman of the Body of Benchers, has been urged to constitute a caretaker committee immediately as provided by law to take over the administration and management of the affairs of the NBA pending the election of new officers for the association under […]
The Chief Justice of Nigeria (CJN), Justice Walter Samuel Nkanu Onnoghen, as the chairman of the Body of Benchers, has been urged to constitute a caretaker committee immediately as provided by law to take over the administration and management of the affairs of the NBA pending the election of new officers for the association under a constitution recognised by the laws of the land.
This is coming on the heels of the judgment of the Federal High Court, Abuja Judicial Division, in the case of Supo Ojo and Registered Trustees of the Nigerian Bar Association Suit No. FHC/ABJ/CS/545/2016 which sacked the Abubakar Balarabe Mahmoud-led executives of the NBA last week.
The CJN was told that the defendant did not file any counter-affidavit in opposition to the plaintiff’s suit, rather they filed frivolous preliminary objections which were all dismissed by the court.
The 2016 NBA national officers’ election held on July 30 and 31, 2016 was conducted through electronic voting in line with the voided amended 2015 NBA Constitution.
The resultant effect of the court judgment in this case is that the 2016 NBA national officers’ election which ushered in the administration of Abubakar Balarabe Mahmoud (SAN) has been nullified and voided in its totality in line with the third relief granted by the court, thus the NBA currently does not have a national leadership.
Put differently, the tenure of the Abubakar Balarabe Mahmoud (SAN)-led NBA has ended abruptly by virtue of the instant court judgment, thus necessitating the takeover of the administration and management of the affairs of the NBA forthwith by the General Council of the Bar and subsequent conduct of fresh NBA national elections under the extant 2001 NBA Constitution, in line with its statutory obligations.
Counsel to Supo Ojo, the winner of the case, Mr. A. C. Ozioko, stated this in a letter dated Thursday, March 30, 2017 sent to the CJN. The letter reads in part:
“We are solicitors to the plaintiff in the above matter before Justice John Tsoho of Court 3, Federal High Court, Abuja in which judgment was delivered and all reliefs sought by the plaintiff granted on March 30, 2017. The court in its judgment voided the 2015 amended Constitution of the NBA for non-compliance with mandatory provisions of the Companies and Allied Matters Act (CAMA); also voided were all actions howsoever described taken under the said constitution, amongst other reliefs.