NBA Election Suit: Groups Push for Witness Subpoena in Case Against NBA President

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Justice G. A. Opayinka of the Oyo State High Court has been asked to issue a subpoena to the necessary parties to testify against Afam Osigwe, SAN, the President of the Nigerian Bar Association (NBA), in a case that wants to stop the bar election set for July 2026.

The plaintiffs in case number 1/221/2026, who are members of the NBA, asked the court to stop all actions related to the election until the case is decided.

The people who are suing are Ibrahim Lawal, Esq., Raymond Oki, Esq., Omotan Olusola Ogunmodede, Esq., and Chief Gabriel Ojo Adekunle Ijalana, Esq. The NBA’s Incorporated Trustees, NBA President Mazi Afam Osigwe, SAN, the Body of Benchers, the Attorney General of the Federation (in his role as Chairman of the General Council of the Bar), Aham Ejelam, SAN, Ibrahim Aliyu Nasarawa, Esq, Muhamad M. Nuhu, Esq, Uju Okafor, Esq, and Ume Maduka, Esq, are the first to ninth defendants, in that order.

Justice Opayinka granted the reliefs sought in an exparte motion moved by the applicants in an exparte order dated March 4, 2026.

The judge said, “The 5th to 9th defendants/respondents are hereby restrained by themselves, their agents, privies or assigns from parading or holding themselves out as the chairman, secretary or members of the Electoral Committee of the Nigerian Bar Association (ECNBA) or from performing, undertaking or participating in any acts, 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.

“The 2nd defendant (NBA President) is not allowed to do anything to set up or make up the Electoral Committee of the Nigerian Bar Association, or to take part in, supervise, influence, or otherwise interfere in any way with the conduct of the 2026 NBA National Officers’ Election, pending the hearing and determination of the motion on notice for Interlocutory Injunction.”

The case is still in court, and the court has set a date of March 12, 2026, for the hearing of the motion for an interlocutory injunction.

But now, lawyers from the Nigerian Law Society (NLS) and the Association of Legislative Drafting and Advocacy Practitioners (ALDRAP) have asked Justice Opayinka to order some people to testify against the NBA President and his media team’s pattern of not following Rule 33 of the Rules of Professional Conduct for Legal Practitioners, 2023.

The sub-judice rule says that lawyers who are involved in ongoing or expected litigation cannot make statements outside of court that could affect a fair trial, judgment, or sentence. Rule 33 of the Rules of Professional Conduct for Legal Practitioners, 2023, makes sure that this rule is followed.

Akwarandu sent an amicus curiae brief to Justice Opayinka on March 17, 2026, naming the people who should be called to give evidence as Rasheed Murtala Abdul-Rasheed, SAN, the former NBA publicity secretary, Niko El-Farlo, Dr. Clinton Tonye Jaja, and Jimoh Hammed, Esq., the Convener of the Advocacy for Bar License Freedom, ABLIF.

Parts of the amicus curiae brief say, “Our client, on behalf of several Nigerian lawyers, both individually and collectively, respectively requests your Lordship to invoke Order 41 Rule 16 of the Oyo State High Court (Civil Procedure) Rules, 2022, and sections 20 and 83(3) of the Evidence Act, 2011, as amended to issue a subpoena for the under-listed necessary parties.”

“Our client told us that the testimonies of the lawyers mentioned above are important to show that the President of the NBA and his friends often break the rule about matters that are still in court.

“Our client wants this intervention because if your Honorable Court doesn’t follow the laws and impose the right penalties and punishments, people will always take your Honorable Court’s respect and reputation for granted.

“Our client asks this on behalf of more than 2,500 lawyers who are members of the Nigerian Law Society (NLS) and the Association of Legislative Drafting and Advocacy Practitioners (ALDRAP).”

ALDRAP asked for a public statement that NBA President allegedly made to be included in an addendum to the amicus curiae brief dated April 7, 2026. They said this statement was important to the ongoing lawsuit.

ALDRAP said that the NBA President had admitted to nominating both the chairman and secretary of the NBA electoral committee as NBA nominees to fill positions in the Body of Benchers, referring to the public statement.

ALDRAP said that the move could affect the NBA election in favor of certain candidates. They also said that out of more than 200,000 NBA members, people who weren’t in charge of running the election should have been nominated for the positions. The group made it clear that the job of running the election needs to be done fairly and without bias.

ALDRAP also said that the lawsuit against the NBA election is asking the court to tell the chairman and secretary of the electoral committee to step down.

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