Legal Battle Unfolds Over Suit Filed By NBA-SPIDEL As Court Considers Competence

Today, March 19, 2024, Court No. 8 of the Federal High Court heard the case of Aikpoko John-Martins & Funmi Adeogun, who are suing for themselves and on behalf of NBA-SPIDEL, against Hannatu Musa & 3 Ors. The focus of the hearing was on whether NBA-SPIDEL, a section of the Nigerian Bar Association (NBA), has the legal competence to initiate this suit as an unregistered association.

The court, acknowledging the frequent mention of the Nigerian Bar Association in the processes filed by the parties to the case, ordered the NBA President to make representation and file written address before it.

Revered Senior Advocate, Olusegun Jolaawo representing the President of the Nigerian Bar Association (NBA), presented a written address filed on March 18, 2024. He emphasized the seriousness of the matter and its legal implications, arguing that the action undermines the authority of the NBA President and violates the association’s constitution. Jolaawo urged the court to dismiss the action and impose costs.

Counsel for the National Youth Service Corps (NYSC) and the Ministry of Justice also adopted their written addresses.

The plaintiffs, who had been present during the last scheduled court session, failed to appear without providing any explanation for their absence.

As a result, the court was left with no choice but to adjourn the proceedings to March 20, 2024. This additional time will allow the plaintiffs to respond to the addresses that were presented during today’s court session. With important legal matters at stake, the delay underscores the significance of the plaintiffs’ timely participation in the judicial process.

The crux of the NBA’s argument lies in the relationship between NBA-SPIDEL and the NBA, likening it to that of an agent and principal. The NBA contends that NBA-SPIDEL cannot initiate legal action on behalf of the association without prior approval from the NBA-NEC or the NBA President.

This stance raises questions about the membership of NBA-SPIDEL within the NBA, their obligation to abide by the NBA Constitution, and the authority of the NBA President as the principal spokesperson.

The court’s decision on this matter is expected to establish a precedent and provide clarity on the legal standing of unregistered sections like NBA-SPIDEL and associations of registered bodies such as the Incorporated Trustees of the NBA in initiating legal proceedings without the consent or approval of the parent body, led by the NBA President with the endorsement of the National Executive Council (NEC).

The abrupt halt in proceedings has left lawyers involved in the case eagerly anticipating the tomorrow’s court date.