NBA defies AGF Fagbemi, insists July poll will hold despite election postponement directive

Osigwe says Attorney-General cannot dictate NBA affairs, dismisses peace panel report as unconstitutional, biased and aimed at hijacking Bar’s democratic process

The leadership of the Nigerian Bar Association (NBA) has openly rejected Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi (SAN)’s reported directive seeking to postpone the association’s national elections, declaring that only the NBA’s constitutional organs—not the nation’s chief law officer—can decide the fate of its electoral process.

In a strongly-worded four-page statement issued Tuesday, NBA President, Mazi Afam Osigwe (SAN), described the purported directives credited to Fagbemi as “unconstitutional,” “ultra vires,” and an attempt to bring the Nigerian Bar Association under the control of the Office of the Attorney-General of the Federation.

The development marks a dramatic escalation in the battle over the NBA’s 2026 leadership election, which has already been engulfed by court cases in Ibadan, allegations of bias, a failed consensus arrangement by some contenders, and deep divisions within the legal profession.

‘AGF Has No Powers Over NBA’

Osigwe maintained that the Attorney-General has no legal authority to order the postponement of the NBA election, dissolve the Electoral Committee of the NBA (ECNBA), appoint a caretaker committee, dictate the association’s electoral rules or amend its Constitution.

“The Nigerian Bar Association is an independent body not under the control of the Honourable Attorney-General of the Federation,” the statement declared, insisting that only the association’s constitutional organs can make decisions affecting its internal governance.

The NBA argued that the reported directives—ranging from postponing the election to introducing compulsory National Identification Number (NIN) verification and replacing the election technology provider—would amount to external interference in the affairs of an independent professional body.

Election Will Go Ahead

Despite mounting pressure, the association said the electoral timetable remains intact.

“The NBA National Officers electoral process shall continue as scheduled by the ECNBA,” the statement declared unequivocally.

The declaration effectively rebuffs recommendations emerging from a peace initiative convened by Fagbemi following months of litigation over the election.

NBA Questions Peace Committee’s Credibility

Osigwe also launched a blistering attack on the committee whose report reportedly informed the Attorney-General’s position.

According to the NBA President, the committee exceeded the mandate given to it during the June 11 mediation meeting, which was merely to facilitate the withdrawal of pending lawsuits.

Instead, he alleged, the panel ventured into condemning the NBA President, recommending sweeping electoral changes and questioning the conduct of the election without affording affected parties a fair hearing.

The statement further questioned the neutrality of the committee, noting that it was chaired by Senior Advocate of Nigeria, Chief Wole Olanipekun, whose alleged support for one side in the dispute made him an interested party.

The NBA described the report as fundamentally biased and therefore incapable of forming the basis of binding decisions.

Shadow of Ibadan Court Cases

The controversy stems from multiple lawsuits filed at the Oyo State High Court by members of Egbe Amofin O’odua, challenging aspects of the NBA electoral process, including the constitution of the ECNBA and the association’s zoning arrangements.

Those suits temporarily disrupted preparations for the election before subsequent legal proceedings allowed the process to continue.

According to the NBA, the Attorney-General’s reported recommendations closely mirror the reliefs being sought in those pending cases.

“The Honourable Attorney-General cannot grant reliefs sought in the two Egbe Amofin suits in his capacity as a convener of a mediation meeting,” the association argued.

Consensus Project Collapses

The latest face-off also comes after months of unsuccessful attempts by influential stakeholders to produce a sole consensus presidential candidate from the South-West under the Egbe Amofin arrangement.

While one aspirant eventually stepped down, other leading contenders refused to withdraw, effectively collapsing the consensus project and setting the stage for a fiercely contested election.

That failure has since deepened divisions within the Bar, with rival camps accusing one another of attempting to manipulate the electoral process.

NBA Rejects NIN Requirement

One of the most contentious recommendations is the proposal to make NIN verification compulsory for voting.

The NBA disclosed that it had previously subjected the proposal to a technical risk assessment and concluded that introducing NIN authentication at this stage could jeopardise the election.

According to the association, the National Identity Management Commission’s platform may be unable to cope with the expected volume of authentication requests during voting, potentially disrupting the exercise.

Questions Over Service Provider

The association also dismissed suggestions that its electronic voting provider should be removed simply because it operates as a sole proprietorship.

It described such reasoning as discriminatory, noting that many legal practitioners—including senior lawyers—operate successful sole proprietorship law firms.

High-Stakes Showdown

Tuesday’s exchange has now set the stage for what could become one of the most consequential constitutional confrontations in the NBA’s recent history.

With the Attorney-General advocating far-reaching reforms and postponement of the election, and the NBA leadership insisting that the poll will proceed as scheduled, attention is now shifting to the association’s governing organs, the courts and the Electoral Committee of the NBA.

Unless a political or judicial breakthrough emerges in the coming days, the legal profession appears headed for an unprecedented collision over the independence of the Bar, the limits of executive influence, and the legitimacy of its next leadership.

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