SUIT AGAINST NBA: SEE THE RELIEFS SOUGHT RESOLVING THE CONTROVERSY ON THE ENFORCEABILITY OF THE JUDGEMENT VOIDING THE NBA CONSTITUTION

Isiaka Olagunju, General Secretaru , NBA

Following the controversy trending on the enforceability of the judgement delivered in OLASUPO OJO -V- INC. TRUSTEES OF NBA and Ors. Where the recently passed
constitution of the Nigerian Bar Association was voided.

Upon the delivery of the said judgement, several opinions, issues and anxiety were created as to the reliefs sought been only declaratory and unenforceable. However, our attention had been called to the content of the reliefs sought in the said suit and same is hereunder reproduced.

The said suit was instituted by originating summons filed on the 27th day of July 2016 seeking the following reliefs which were all granted by the court:

1. A DECLARATION that “EXHIBIT C”, the Amended Constitution of the Nigerian Bar Association adopted at the Delegates Conference held in Calabar on 31st August, 2001 as registered with and approved by the Corporate Affairs Commission in compliance with the provisions of the Companies and Allied Matters Act 2004 is the extant and valid constitution of the Defendant.

2. A DECLARATION that by the provision of section 600 of the Companies and Allied Matters Act, 2004, “EXHIBIT B”, the amended Constitution of the Nigerian Bar Association purportedly amended and adopted at the Annual General Meeting held in Abuja on 27th August, 2015 and pursuant to which the administration of and affairs of the Defendant has been and is being conducted is void.

3. A DECLARATION that all actions, decisions and activities howsoever described, already taken or intended/planned to be taken and/or carried out by the Defendant, her officers, staff, organs, committees, branches, members, representatives and/or any other person acting on behalf of or in the name of the Nigerian Bar Association in any manner whatsoever including but not limited to the conduct of elections in branches of the Nigerian Bar Association and the plan/program/notice for the election into the national offices of the Defendant pursuant to “EXHIBIT B” , the Constitution of the Nigerian Bar Association purportedly amended and adopted at the Annual General Meeting held in Abuja on 27th August, 2015 are null and void to the extent of their inconsistency with “EXHIBIT C”, the Amended Constitution of the Nigerian Bar Association adopted at the Delegates Conference held in Calabar on 31st August, 2001 as registered with and approved by the Corporate Affairs Commission in compliance with the provisions of the Companies and Allied Matters Act, 2004.

4. AN ORDER of perpetual injunction restraining the Defendant, her officers, staff, organs, committees, branches, members, representatives and/or any other person acting on behalf of or in the name of the Nigerian Bar Association in any manner howsoever described jointly and severally from conducting and/or purporting to conduct the affairs of the Defendant on the basis of “ EXHIBIT B”, the Constitution of the Nigerian Bar Association purportedly amended and adopted at the Annual General Meeting held in Abuja on 27th August, 2015.

5. SUCH FURTHER ORDER OR ORDERS as this Honourable Court may deem fit to make in the circumstance.

Upon the above terms of judgement of the Honourable Court, there had been agitations or anticipation as to what is next for the association. As seen, is the judgement actually declaratory or declaratory with consequential order?

Which ever way, the NBA vide its several releases remains resolute to finding a cure to the teething problems.

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