Federal High Court Nullifies Amended NBA Constitution

Ejiofor Alike

A Federal High Court sitting in Abuja has restrained the Nigerian Bar Association (NBA) and its officers from conducting the affairs of the association on the basis of the constitution amended and adopted at the association’s Annual General Meeting (AGM) held in Abuja on August 27, 2015.

In the suit Number FHC/ABJ/CS/545/2016 filed by Olasupo Ojo against the registered trustees of the NBA, the presiding judge, Justice John Tsoho, also granted the plaintiff’s prayers that by the provision of Section 600 of the Companies and Allied Matters Act of 2004, the amended constitution of the NBA purportedly amended and adopted at the said AGM, upon which the administration and affairs of the NBA has been and is being conducted, is void.

Upon the plaintiff’s originating summons, the presiding judge also granted the prayer that the amended constitution of the NBA adopted at the delegates’ conference held in Calabar on August 31, 2001, as registered and approved by the Corporate Affairs Commission (CAC) in compliance with the provisions of the Companies and Allied Matters Act 2004 is the extant and valid constitution of the NBA.

The plaintiffs also sought and obtained a declaration that all actions taken by the NBA in the name of the amended constitution, including the conduct of elections in the branches of NBA, as well as the plan and notice for the election into the national offices of the association are null and void on the basis of their inconsistency with the constitution adopted in Calabar in 2001.

The court also voided all decisions, actions and activities carried out by the association’s officers, staff, organs, committees, branches or any person acting on behalf of the association on the basis of the voided constitution.

In line with the prayers of the plaintiffs, the court ordered that the NBA’s constitution adopted at the delegates conference held in Calabar on August 31, 2015, as registered with and approved by the Corporate Affairs Commission (CAC) in compliance with the provisions of the Companies and Allied Matters Act 2004 is the valid constitution of NBA.