PROCEEDINGS OF THE HIGH COURT OF OYO STATE ON NBA 2026 NATIONAL OFFICERS’ ELECTION IN IBRAHIM LAWAL, ESQ & 3 ORS Vs. INCORPORATED TRUSTEES OF THE NBA & 8 ORS IN SUIT NO.: I/221/2026. CORAM: GABRIEL OPAYINKA, J. (HIGH COURT 16 IYAGAKUNKU IBADAN, OYO STATE).
The 1st Claimant Ibrahim Lawal, Esq, Chairman Ibadan Branch of the NBA was present, other parties absent.
APPEARANCES
Chief Yomi Aliyu, SAN, Aare Isiaka Abiola Olagunju, SAN, Alhaji Tajudeen O. Oladoja, SAN, Kazeem. A. Gbadamosi, SAN, Dr. Muritala Abdul-Rasheed, SAN, Aare Oluseun Ajayi, SAN, Tunji Ogunrinde, SAN, B. A. Aderosin, Esq., Bola Alabi, Esq, Ibrahim. A. Kareem-Ojo, Esq, Dalhatu Abdurrahman, Esq., with others for the Claimants.
Babatunde Ogala, SAN, Abdul Mohammed, SAN, Ejembi Eko SAN, Olanrewaju Akinsola, SAN with Dr. Liborous Oshoma and others for the 1st Defendant.
Sammie Somiari, SAN, Chief Emeka Obegolu, SAN with others for the 2nd Defendant.
Jonathan Gunu Taidi, SAN with others for the 3rd & 4th Defendants.
A. A. Malik, SAN with Yusuf. O. Raimi, Esq., and Mofeyisara Ajao, Esq., for the 5th to 9th Defendants.
The High Court in Ibadan presided over by Justice Gabriel Opayinka today, the 15th day of April, 2026 adjourned sine die the case of IBRAHIM LAWAL, ESQ., & ORS Vs. INCORPORATED TRUSTEES OF THE NBA & 8 ORS IN SUIT NO.: I/221/2026 challenging the constitutionality of the procedure adopted by the NBA President Mazi Afam Josiah Osigwe, SAN in constituting the Electoral Committee of the Nigerian Bar Association (ECNBA).
It would be recalled that the Honourable Court on the 4th of March, 2026 granted an order of Interim Injunction restraining the 5th to 9th Defendants by themselves, their agents, privies or assigns from parading or holding themselves out as chairmen, secretary or members of the Electoral Committee of The Nigerian Bar Association (ECNBA) or from performing, undertaking or participating in any act, step or process whatsoever in furtherance of the conduct of the 2026 National Officers’ Election of the Nigerian Bar Association, pending the hearing and determination of the Motion on Notice for Interlocutory Injunction dated 19th February, 2026.
It was further ordered that the 2nd Defendant (Mazi Afam Josiah Osigwe, SAN) is restrained from taking any steps whatsoever towards the constitution and composition of the Electoral Committee of the NBA, or from participating in, supervising, influencing or otherwise interfering in any manner whatsoever with the conduct of the said 2026 (NBA) National Officers’ Election pending the hearing and determination of the Motion On Notice for Interlocutory Injunction.
The 5th to 9th Defendants i.e. the Chairman and other members of the Electoral Committee of the NBA had filed a Notice of Appeal before the Court of Appeal, Ibadan Judicial Division on five grounds principally challenging the jurisdiction of the trial court to exercise its discretion in favor of the Claimants.
At today’s proceeding, the Honourable Court asked parties to address it on the propriety or otherwise of proceeding with the pending suit when an appeal has been entered and record transmitted to the Court of Appeal.
In his submission, counsel to the Claimants, Tunji Ogunrinde, SAN argued that the mere entering of an Appeal does not operate as a stay and that the Defendants have filed application for Stay of Proceedings, Notice of Preliminary Objection and an application to set aside the Interim Order by the court on the 4th of March, 2026.
Counsel to the 1st Defendant Babatunde Ogala, SAN leading Abdul Mohammed Rafindadi, SAN and others urged the Court to stay proceeding in other to preserve the ‘Res’.
Counsel to the 2nd and 3rd Defendants, Sammie Somiari, SA, urged the Court to stay its proceedings in order to avoid foisting a fait acompli on the decision of the Court of Appeal one way or the other.
Jonathan Gunu Taidi, SAN, representing the Body of Benchers also argued that it is important to stay proceedings in order to allow the Court of Appeal to determine the jurisdiction of the trial court.
Chief A.A. Malik representing the 5th – 9th Defendants cited a deluge of authorities on why the court should stay its proceedings in order not to be on collusion cause with the Court of Appeal which is a superior court.
Replying on point of law, Tunjis Ogunrinde, SAN, for the Claimants thanked the counsel to the 1st Defendant Babatunde Kwame Ogala, SAN for urging the court to preserve the ‘Res’ and asked rhetorically that “what is the res in this matter?” to which he answered the ‘res’ is the NBA 2026 election of National Officers, he urged the Court to preserve the ‘Res’.
In its ruling after a stand down of about 30 minutes, Hon Justice Gabriel Opayinka of the High Court No 16, Iyaganku, Ibadan gave a brief history of the case with specific mention of all the applications pending in Court and ruled that since the appeal has already been entered at the Court of Appeal and record transmitted thereto, the suit is adjourned sine die pending the hearing and determination of the appeal before the Court of Appeal.
The court did not vacate its earlier interim order quoted above restraining the Defendants from the taking any steps towards the process of electing new officers of the NBA. The atmosphere in court amongst the senior counsel was cordial, friendly and with exchange of banters.
All the senior counsel at the request of Abdul Mohammed, SAN, posed for a group photograph outside the court and wished themselves journey mercies to their various jurisdictions.
Reported by Ibrahim. A. Kareem-Ojo, Esq., and Dalhatu Abdurrahman Esq.