The Rivers State High Court has struck out Suit No. IHC/132/CS/2024, filed by Jude Obodo Chukwu, Esq., against The Incorporated Trustees of Nigerian Bar Association & Ors, challenging his disqualification from contesting for the position of Chairman of the NBA Isiokpo Branch.
The court awarded a cost of N50,000.00 against the Applicant.
Hon. Justice Opufaa Ben-Whyte, who delivered the judgment on Monday, August 29, 2024, noted that the court lacked jurisdiction to decide on the matter, as the Nigerian Bar Association National Election Appeal Committee (East) had already upheld the disqualification of the Applicant by the NBA Isiokpo Branch Election Committee.
The court expressed surprise that the Applicant approached the court despite knowing that the decision of the NBA National Election Appeal Committee is final, as per the provisions of The Uniform Bye-Laws for Branches in the Third Schedule of the NBA Constitution, 2015 (as amended 2021).
Justice Ben-Whyte had to obtain the fiat of The Honourable Chief Judge of Rivers State to deliver the judgment during the court’s annual vacation, which commenced on July 22, 2024.
Lawyers present in court noted with disappointment that the Applicant deliberately failed to inform the court that he had already appealed to the NBA National Election Appeal Committee (East), which did not rule in his favor.
The court maintained that having voluntarily joined the legal profession, parties must be prepared to abide by the laws governing the association. The Applicant’s suit was struck out for lack of jurisdiction, and a cost of N50,000.00 was awarded against him.