Nigeria’s Court of Appeal, Abuja Division, has reserved judgment in an appeal filed by former Nigerian Bar Association (NBA) presidential candidate Tobenna Erojikwe relating to NBA’s 2024 National Officers Election.

The judgment was reserved after the appellate court heard the appeal today after adjournments.

CITY LAWYER recalls that Justice Cyprian Agashieze of the High Court of the Federal Capital Territory (FCT), Lugbe Judicial Division, had dismissed the suit filed by Erojikwe challenging the outcome of the Nigerian Bar Association (NBA) presidential election. Mr. Afam Osigwe, SAN, was declared winner of the election.

Erojikwe had filed the suit against the Incorporated Trustees of the NBA and two others, contesting the outcome of the elections. However, the court dismissed the preliminary objection filed by the 1st Defendant but upheld the preliminary objections filed by the 2nd and 3rd Defendants. The court held that Erojikwe ought to have obtained the consent of all lawyers who participated in the election as a condition precedent to release of their personal data as used in the election.

At the Court of Appeal however, the appellant urged the court to compel NBA and the other Respondents to comply with the Second Schedule, Part II Paragraph 8 of the NBA Constitution which required the Respondents to make available to the Appellant in a timely manner critical information, databases and other materials used in the conduct of the election to ensure openness and transparency.

He argued that the legislative intent behind the provision was to ensure that the electronic voting system of the NBA is above reproach and that members of the association will have confidence in the process that produces their leaders. He urged the Court to allow the Appeal and grant all the reliefs sought.

However, 1st and 2nd Respondents urged the court to dismiss the suit, arguing that NBA had provided all the relevant information to the Appellant as requested except the personal data of the voters. A Cross Appeal was also argued on behalf of NBA which urged the Appeal Court to decline jurisdiction to hear the appeal altogether.

The 3rd Respondent, (ElectionBuddy) was absent from Court.

Having heard arguments on the Appeal and Cross Appeal, the Court of Appeal reserved judgment on a date to be communicated to the parties.

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