Nimi Walson-Jack vs. NBA: Court Dismisses Claimant’s Suit, Rules In Favour Of NBA
In a significant legal development, the court has delivered its judgment on the case of Nimi Walson-Jack versus the Nigerian Bar Association (NBA) with Suit No: FCT/HC/CV/2534/2023.
While regarding the preliminary objection raised by the Nigerian Bar Association (NBA), the court stated that the objection attempted to address the substantive issue at an interlocutory stage. The court emphasized that matters such as the justiciability of the action, the claimant’s status, provisions of the NBA constitution, and internal NBA workings, particularly attendance at the NBA- NEC, require examination of facts during pleadings. Consequently, the court dismissed the preliminary objection.
Moving to the substantive suit, the court held that in cases seeking declaratory reliefs, the claimant must prove their case and cannot rely on the defendant’s weaknesses. It noted that the claimant failed to provide evidence of being a lawyer called to the Nigerian Bar, by failing to exhibit his call to bar certificate, as well as evidence of serving as the General Secretary of the NBA. The court clarified that it cannot speculate on these facts or take judicial notice of them.
Highlighting the claimant’s choice of using an Originating Summons instead of filing a Fundamental Human Rights suit, the court inferred that the claimant recognized attendance at NBA-NEC meetings as a privilege, not a right.
Moreover, the court affirmed that while membership in an association is voluntary, once joined, members are bound by the association’s rules. It reiterated that courts typically refrain from interfering in associations’ internal affairs, unless they contravene their own constitutions.
On a crucial note, the court ruled that since the defendants conferred the privilege of attendance on the claimant, they reserve the right to also revoke that privilege. Considering the claimant’s engagement with a rival association, the Nigerian Law Society (NLS) not just for the purpose of incorporation, but where he serves as Vice President, the court concluded that he cannot attend NBA-NEC meetings as it is a privilege, not a right. Moreover the claimant did not deny being a member of the NLS.
Ultimately, the court resolved all questions in favour of the defendants represented by O. I. Aduloju Esq., dismissing all reliefs sought by the claimant.
Background Story
Recall that in 2023, Hon. Nimi Walson-Jack initiated legal proceedings at the High Court of the Federal Capital Territory, challenging the resolution passed by the National Executive Council of the Nigerian Bar Association(NBA-NEC) that revoked his privileges as a former General Secretary and subsequently suspended his membership of the NBA-NEC. This action followed his involvement as a solicitor to the promoters of the Law Society of Nigeria, now known as the Nigerian Law Society.
Represented by Chief J-K. Gadzama, SAN, Hon. Nimi Walson-Jack sought a declaration from the court that the revocation of his privileges and the suspension from the NEC by the NBA were unlawful, illegal, and null from the outset. He argued that these actions contravened the provisions of the Nigerian Bar Association Constitution 2015, as amended in 2021.
Among other reliefs, Hon. Walson-Jack also requested the court to declare that the resolution adopted by the NBA, as conveyed in the communique signed by the NBA President, Mr. Yakubu Chonoko Maikyau, SAN, infringed upon his constitutional right to choose legal counsel. He asserted that this resolution violated existing regulations such as the Legal Practitioners Act, the Rules of Professional Conduct for Legal Practitioners 2007, and the Basic Principles on the Role of Lawyers adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders in 1990.
Furthermore, the lawsuit aimed to secure a declaration from the FCT High Court affirming that the actions taken against him by the NBA-NEC infringed upon his right to a fair hearing, as enshrined in Section 36 of the Constitution of the Federal Republic of Nigeria, 1999, as amended, and Article 7 of the African Charter on Human and People’s Rights Act.
Hon. Walson-Jack argued that he was neither provided with information regarding the allegations against him nor given the opportunity to defend himself before facing trial for alleged offenses that he claimed did not exist. He contended that the individuals involved in his case had taken on the roles of accusers, prosecutors, and judges without proper due process.
