The Federal High Court has been asked to declare as unconstitutional, null and void and of no effect section 9 (3) (b) of the Constitution of the Nigerian Bar Association (as Amended in 2021) for offending sections 42 of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
The Applicant, Paul J. Magga, a legal officer at the Nigerian Security and Civil Defence Corps, Kaduna Command contends that Article 9(3)(b) of the NBA Constitution as amended in 2021 which provides that only lawyers in private practice will contest for the positions of President, 1st Vice President and General Secretary, is a direct affront to section 42 of the 1999 Constitution which provides against discrimination.
In the suit which joined the Incorporated Trustees of the Nigerian Bar Association and Seun Abimbola, SAN, Chairman, Electoral Committee of the NBA as respondents, Magga also challenges the provisions of the NBA Constitution which provide that the decisions of the Dispute Resolution Committee and Election Appeal Committee shall be final thus ousting the judicial powers of the court established by law as provided in sections 4(8) and 6 of the 1999 Constitution of the Federal Republic of Nigeria
He contends that the motto of the NBA is promoting the rule of law and item 11 of the NBA aims and objectives are clear on these.
Magga in the Fundamental Rights Enforcement suit filed by his Counsel, Uche Amulu, Esq. and T.M. Ozioko, Esq., wants the Federal High Court to make the following orders:
An ORDER of this Honourable Court declaring as unconstitutional, null and void and of no effect Article 21(4) and paragraph 3 Part IX of the Second Schedule of the Constitution of the Nigerian Bar Association (as Amended in 2021) for offending sections 6 of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
An ORDER of this Honourable Court declaring that every member of the Nigerian Bar Association duly qualified in terms of financial status, required age at the Bar, good standing and apolitical eligibility and having complied with all nomination protocols, is entitled to stand election into any of the National Offices whether or not they are in private legal practice.
An ORDER of this Honourable Court declaring that only a court established by law has powers to determine issues to finality and as such the decision of the Dispute Resolution Committee and Election Appeal Committee cannot be final as it naturally amounts to usurping and/or ousting the jurisdiction of the Honourable Court.
N10, 000, 000.00 (Ten Million Naira only) against the Respondents for their actions breaching the rights of the Applicant and other lawyers in public legal practice and for usurping the powers of this Honourable Court.
