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NBA DUTSE LEADERSHIP TUSSLE: Court struck out case against NBA president

NBA DUTSE LEADERSHIP TUSSLE: Court struck out case against NBA president

A Jigawa State High Court on Thursday dismissed a suit filed by the factional chairman of the Dutse branch of the Nigerian Bar Association (NBA), Garba Abubakar and others against NBA president, Olumide Akpata and others over leadership disagreements in the branch.

Hon Justice Muhammad Abubakar upheld the preliminary objections filed by the NBA president and other defendants that the state High Court lacks jurisdiction to entertain the matter, saying the matter in dispute is the exclusive preserve of the Federal High Court.

The Dutse branch has been embroiled in crises since 2021 after the national NBA’s fact-finding committee resolved to recognise the faction led by Nuhu Tafida.

Abubakar found the resolution of the NBA committee objectionable, saying the committee could not have validly decided on an issue already before a court of law, insisting that it was sub-judicial.

Abubakar has been quoted to have said in reaction to the judgement that the NBA acted without respect for the court.

He said the NBA national executive heard and granted all prayers of the other faction as contained in their counterclaim before the court.

“We then initiated contempt proceeding and alongside motion for mandatory injunction urging the court to set aside the purported resolution of NEC capable of interfering with the live issues before the Court,” he said.

“The NBA & the other faction of the branch after filing processes in reaction to the motion for mandatory injunction filed a motion challenging the jurisdiction of the court on the ground that the case relates to management and operation of a company regulated under company and Allied Matters Act as contemplated by section 251 of the Constitution.

“In reaction to this, we cited cases of FCT High Court and High Court of Lagos State where similar issues equating NBA with company regulated under CAMA were decided against NBA & the NBA never appeal against such decisions. This according to our counsel constitutes issue estoppel.

“Our counsel submitted further that the motion having to do with the sanctity of court be heard first before issuing of jurisdiction, the court ignored the invitation and hear the one on jurisdiction first. Before the date for the ruling, we filed another motion urging the court to defer the ruling and hear the motion for mandatory injunction first based on the 2022 decision of the Supreme Court which has similar import.

“The counsel then wrote a letter drawing the attention of the court to such an issue with the copy of the decision attached. The court this afternoon ruled against us and ordered us to file the case at the Federal High Court on the ground that the case relates to the management and control of a company regulated under CAMA as contained in section 251 of the Constitution. We have since applied for a certified true copy of the ruling for us to study the same and take the next line of action,” Abubakar explained.

 

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Faruk Khalil
Faruk Khalilhttps://nigeriansketch.com/
Khalil Faruk (Deputy Editor-in-Chief), has a Bachelors and Master's degree in Political Science and has worked as a reporter, features editor and Deputy Editor-in-Chief respectively in a leading Nigerian daily. He has undergone trainings in journalism, photo journalism and online journalism within and outside Nigeria.

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