Executive members of the Nigerian Bar Association Section on Public Interest and Development Law (NBA-SPIDEL) who were recently dismissed in a controverial National Executive Council (NEC) resolution have dragged NBA President, Mr. Yakubu Maikyau SAN to court over the matter.

In an originating summons obtained by CITY LAWYER, the Executive Committee members are asking for “An order setting aside the purported dissolution of the Executive Committee of the Nigerian Bar Association Section on Public Interest and Development Law by the 1^stand 2^nddefendants made on the 29^th day of February, 2024 same being unconstitutional, null and void ab initio and of no effect whatsoever.”

Also sued alongside Maikyau at the Delta State High Court, Effurun are NBA General Secretary, Mr. Adesina Adegbite and the Incorporated Trustees of the Nigerian Bar Association. The matter has been set down for hearing on May 6, 2024.

CITY LAWYER gathered that though the claimants had earlier filed an application for interim reliefs, the application was withdrawn when the matter came up today in favour of speedy hearing of the main lawsuit.

Brought on behalf of the Executive Committee members by Mr. John Aikpokpo-Martins and Ms. Funmi Adeogun, the claimants also urged for “An order directing the 1^stdefendant to pay the sum of N10,000,000 to the claimants as exemplary and general damages for the embarrassment caused them by his unconstitutional action.

“An order directing the 1^stdefendant to publish on a full page of two (2) national daily newspapers a letter of apology to the claimants for the embarrassment caused them by his actions.

“An order of perpetual injunction restraining the 1^stand 3^rddefendants either by themselves and/or through their agents, officers etc. from further interfering with the tenure of office of the claimants as the Executive Committee of the Nigerian Bar Association Section on Public Interest and Development Law.”

The legal team for the Executive Committee comprises fiery human rights activists including Messrs Maxwell Opara, Inibehe Effiong, George Nwabunike, Felix Akpowowo, and Mohammed Danjuma among others.

In the alternative prayers by the claimants, they urged for “A declaration that the failure of the defendants to recuse the 1^stdefendant from presiding over the dispute between himself and the claimants at the Nigerian Bar Association National Executive Council Meeting held on the 29^th day of February, 2024 in Jos amounts to a violent breach of the fundamental right of the claimants to fair hearing as guaranteed under the constitution of the Federal Republic of Nigeria and/or runs violently contrary to the principle of natural justice to wit: nemojudex in casuasua.

“AN ORDER setting aside the purported dissolution of the Executive Committee of the Nigerian Bar Association Section on Public Interest and Development Law by the 1^stand 2^nddefendants made on the 29^th day of February, 2024 same being null and voidab initio and of no effect whatsoever for breaching the claimants’ right to fair hearing as guaranteed under the constitution of the Federal Republic of Nigeria.

“An order directing the 1^stdefendant to pay the sum of N10,000,000 to the claimants as exemplary and general damages for the embarrassment caused them by the breach of their fundamental right to fair hearing by the 1^st and 2^nddefendants.

“An order directing the 1^stdefendant to publish on a full page of two (2) national daily newspapers a letter of apology to the claimants for the embarrassment caused them by his unconstitutional actions.”

The Claimants also raised several questions for the court to resolve. Among the declarations sought are: “A declaration that by the provisions of the constitution of the 3^rddefendant, and the uniform byelaws for sections of the 3^rd defendant, the Claimants (the executive committee of the Section on Public Interest and Development Law (NBA-SPIDEL)) were elected into office by the members of the Section on Public Interest and Development Law of the 3^rd defendant for a term certain of 2 years.

“A declaration that by the provisions of the constitution of the 3^rddefendant and its byelaw for Sections, the National Executive Council of the Nigerian Bar Association lacks the power to remove the claimants from office as the elected executive committee of the Nigerian Bar Association Section on Public Interest and Development Law and/or the power to dissolve the Executive Committee of the Nigerian Bar Association Section on Public Interest and Development Law.

“A declaration that the purported dissolution of the elected Executive Committee of the Nigerian Bar Association Section on Public Interest and Development Law is unlawful, utra vires the powers of the 1^stand 2^nd defendants and is therefore null and void abinito and of no effect however.

“A declaration that the act of the 1^stdefendant in presiding over the dispute between himself and the claimants at the 3^rd defendant’s, National Executive meeting in Jos on the 29^th of February, 2024 amounts to an abuse of office and power and therefore very reprehensible and unbecoming of the holder of the office of the President of the 3^rd defendant.”

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