Court Judgment Voiding NBA’s Constitution Stirs Controversy

The judgment of a Federal High Court in Abuja, which voided the 2015 constitution of the Nigeria Bar Association (NBA), has stirred controversy in the body.The NBA officials who commented on the ruling said some members of the association, who had previously contested elections and failed under the NBA Constitutions, could take advantage of the situation.

The General Secretary of the association, Isiaka Abiola Olagunju, said in a statement that the said members were attempting to use the court “judgment to cause confusion and disaffection among our members to drive their narrow selfish interests.”

The court presided over by Justice John Tsoho, gave the order last Thursday in a suit filed by a lawyer, Supo Ojo, challenging the procedure of amending the said constitution.

The judge held that the effect of the non-registration of the constitution was to render it void, pursuant to Section 600 of the Companies and Allied Matters Act (CAMA) 1990.

The judge dismissed a plea that the plaintiff lacked the locus standi to bring the suit, noting that what was in contention was interpretation of the constitution of an association.

He further held that the Corporate Affairs Commission (CAC) needed not to be a party in the proceedings.Following the nullification of the 2015 constitution of the NBA as amended, two previous constitutions were similarly annulled by the court. However, the NBA has appealed the judgment and served the plaintiff a notice of appeal.

Source: Guardian


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