These are not the best of times for embattled Nigerian Bar Association (NBA) President, Mr. Yakubu Maikyau SAN as a former member of the Governing Council of NBA Section on Public Interest and Development Law (SPIDEL) has sued him over his directive to SPIDEL to pause all its activities.

While Maikyau is sued alongside NBA General Secretary, Mr. Adesina Adegbite “For themselves and as representing the members of the National Executive Council of the Nigerian Bar Association”), the Incorporated Trustees of the Nigerian Bar Association is also joined as a defendant.

Meanwhile, Justice Joe Egwu of Delta State High Court has ordered the claimant, former NBA-SPIDEL Publicity Secretary Godfrey Echeho to serve the defendants by substituted means.

Ruling on an ex-parte application brought by the claimant, Justice Egwu held that “I have carefully perused and painstakingly given due consideration to the reliefs sought, the affidavit in support, exhibits attached and the affidavit of urgency.

“I am of the firm view that this is a situation where the Defendants be given opportunity to show cause why reliefs Nos 1 and 2 contained in the motion paper ought not to be granted.”

The judge while granting the prayer for substituted service held that “With regards to prayers No. 1 and 2 contained in the motion paper, the Defendants are hereby given seven days from the date of service of the enrolled order of this Honourable court to show cause why reliefs Nos. 1 and 2 contained in the motion exparte ought not to be granted.

“The return date for the Defendants to show cause is fixed for Monday the 4th day of March 2024 and the same date is also fixed for the hearing of the motion on notice.”

Echeho had in the exparte application prayed for “An ODRER of interim injunction restraining the defendants from discussing and/or taking any decision or action with respect to the issues put in dispute in this suit at the National Executive Council meeting of the 3rd defendant holding in Jos, Plateau State on the 29th of February, 2024 or any other meeting pending the hearing of the motion on notice for interlocutory injunction.”

He also prayed for an “ORDER of interim injunction restraining the defendants from interfering in the activities of the Nigerian Bar Association Section on Public Interest and Development Law pending the hearing of the motion on notice for interlocutory injunction.”

In originating summons obtained by CITY LAWYER, Echeho is praying the court for “An order of perpetual injunction restraining the 1st and 2nd defendants (either acting as President/General Secretary or on behalf of the National Executive Council of the Nigerian Bar Association) either by themselves and/or through their agents, officers etc from further interfering with the activities of the Nigerian Bar Association Section on Public Interest and Development Law (NBA SPIDEL) except to receive reports as constitutionally provided for.”

CITY LAWYER recalls that this is the second lawsuit being slammed on Maikyau barely 24 hours after a similar suit by two ranking NBA-SPIDEL members, Messrs George Nwabunike of NBA Lagos Branch and Isaac Ogbah (former NBA Ota Branch Chairman), became public knowledge.

While the duo instituted their case in the High Court of Lagos State, Maikyau and the two other defendants will slug it out with the former NBA-SPIDEL Council member at the Delta State High Court.

According to the originating summons obtained by CITY LAWYER, the Bar Leader is suing on behalf of himself and members of NBA-SPIDEL.

It is recalled that the NBA President had directed SPIDEL to “suspend all actions presently being undertaken by SPIDEL, particularly the matters stated above, until the scheduled meeting and further directives as may be approved by the National Executive Council. Also, henceforth, you shall not undertake any engagement with any third party without prior consultation and permission from me as President with the approval of the National Executive Council of the NBA.”

He had alleged that the SPIDEL leadership was “undermining” his authority, following a flurry of lawsuits instituted by the section reportedly aimed to checkmate impunity and executive lawlessness.

Echeho is also seeking “An order setting aside the purported suspension of the activities of Nigerian Bar Association Section on Public Interest and Development Law (NBA-SPIDEL) by the 1st Defendant (acting in his capacity as the President of the Nigerian Bar Association) made on the 31st day of January, 2024 same being unconstitutional, null and void and of no effect whatsoever.”

He again urged the court for “An ORDER setting aside the purported directive of the 1st Defendant (acting in his capacity as the President of the Nigerian Bar Association) that the Nigerian Bar Association Section on Public Interest and Development Law (NBA-SPIDEL) must seek their prior approval before discharging its constitutional duties, same being unconstitutional, null and void and of no effect whatsoever.”

In a 23-paragraph affidavit, the claimant argued that “the 1st and 2nd defendants by provision of the (NBA) constitution lack the power to interfere or suspend the NBA-SPIDEL and/or its activities.”

He stated that “the only obligation that NBA-SPIDEL owes the NBA-NEC is to make reports to it periodically at its meetings,” adding that “NBA-SPIDEL has not failed to do that.”

He stated that “the attempt to suspend NBA-SPIDEL by the 1st defendant will negatively impact on its intervention in the interest of the public and Legal Practitioners alike.”

Although CITY LAWYER confirmed that all the defendants have been served with the court processes, no date has been fixed for the hearing of the case.

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