Fiery Senior Advocate of Nigeria, J. S. Okutepa, SAN, alongside Yomi Aliyu, SAN, is leading a formidable legal team of five other Senior Advocates of Nigeria and several senior lawyers in representing four Nigerian Bar Association branch chairmen and members of the National Executive Council (NEC) in a high-stakes legal battle that has already shaken preparations for the 2026 National Officers’ Election of the Nigerian Bar Association.
The suit, filed before the Oyo State High Court sitting in Ibadan, challenges the legality of the Electoral Committee of the Nigerian Bar Association (ECNBA) constituted to conduct the July 2026 NBA national election. The claimants in the suit are Ibrahim Lawal, Esq., Raymond Oki, Esq., Omotan Olusola Ogunmodede, Esq., and Chief Gabriel Ojo Adekunle Ijalana, Esq., all of whom are chairmen of NBA branches and members of the NBA National Executive Council.
The defendants listed in the suit include the Incorporated Trustees of the Nigerian Bar Association, the NBA President Afam Josiah Osigwe, SAN, the Body of Benchers, and the General Council of the Bar represented by the Attorney General of the Federation. Also joined as defendants are members of the Electoral Committee including Aham Ejelam, SAN, Ibrahim Aliyu Nassarawa, Esq., Muhamad M. Nuhu, Esq., Uju Okafor, Esq., and Ume Maduka, Esq.
The claimants are asking the court to determine whether, under the Constitution of the Nigerian Bar Association (as amended in 2025), the NBA President has the power to appoint members of the Electoral Committee of the NBA (ECNBA), or whether such powers reside exclusively in the National Executive Council of the association.
According to the originating summons filed on February 18, 2026, the claimants contend that Section 10(3) of the NBA Constitution expressly confers the power to appoint the chairman and members of the ECNBA on the National Executive Council of the NBA. They argue that the purported appointment of the 5th to 9th defendants by the NBA President, Afam Josiah Osigwe, SAN, was unconstitutional, ultra vires and of no legal effect.
The claimants further argue that the subsequent adoption of the presidential report at the National Executive Council meeting held on November 20, 2025 did not amount to a valid constitutional appointment of the members of the ECNBA because the issue of appointing the committee was not part of the agenda of the meeting and NEC did not independently exercise its constitutional powers to appoint the committee members.
In the affidavit deposed to by Ibrahim Lawal, Chairman of the NBA Ibadan Branch, the claimants alleged that the NBA President lacks the constitutional authority to appoint the ECNBA and that the action amounted to a violation of the NBA Constitution.
Lawal stated that the National Executive Council of the NBA is a broad decision-making organ comprising national officers, past presidents and general secretaries of the association, chairmen and secretaries of NBA branches across the country, and other members co-opted by NEC. According to him, the requirement that NEC appoints the ECNBA is intended to ensure transparency, independence and balanced scrutiny in the process.
The affidavit further states that the constitutionally prescribed period within which the ECNBA should have been appointed by NEC, not later than December of the year preceding the election year, has already elapsed, thereby creating what the claimants describe as a constitutional dilemma in the electoral process of the association.
Beyond the constitutional questions raised, the claimants also made serious allegations of bias against the NBA President. In the affidavit, the deponent alleged that Afam Josiah Osigwe, SAN has openly endorsed a preferred candidate for the forthcoming 2026 NBA presidential election and publicly declared that he could not be neutral in the election.
The affidavit further referenced an alleged statement made by the NBA President during the National Executive Council meeting held in Maiduguri on February 5, 2026 where he reportedly stated that he had preferred candidates for the election.
The claimants also cited what they described as a similar incident during the election process of the NBA Section on Public Interest and Development Law (SPIDEL) in December 2025 at Uyo, Akwa Ibom State. According to the affidavit, the NBA President allegedly truncated the electoral process that had been initiated by the SPIDEL Electoral Committee and replaced it with appointments of his preferred candidates and associates.
The affidavit claims that the development prompted the resignation of the chairman of the SPIDEL Electoral Committee, Kunle Edun, SAN, in protest. It also referred to statements issued by candidates whose nominations were allegedly discarded following the intervention.
The claimants further alleged that the appointment of the current ECNBA members follows a pattern of unconstitutional appointments designed to manipulate the NBA election process through control of the electronic voting system used in previous elections.
According to the affidavit, successive NBA elections have been challenged in court over alleged manipulation of the electronic voting system and repeated calls for independent audit of the system have not been granted by past NBA administrations.
The claimants therefore contend that allowing the present ECNBA to conduct the 2026 election would threaten their right as members of the association to participate in a free, fair and credible election.
They are asking the court to declare that the appointment of the 5th to 9th defendants as members of the ECNBA is illegal, invalid and unconstitutional, and to restrain them from acting in that capacity or taking any steps towards the conduct of the 2026 NBA National Officers’ Election.
They are also seeking an order restraining the NBA President from participating in the constitution of the Electoral Committee or taking any role in the conduct of the election on the ground that he has allegedly exhibited bias in favour of a particular aspirant.
In addition, the claimants are asking the court to invoke the doctrine of necessity to mandate either the Body of Benchers or the General Council of the Bar through the Attorney General of the Federation to constitute a fresh Electoral Committee to conduct the election so as to avoid a constitutional vacuum that could disrupt the NBA electoral process.
The legal team representing the claimants is one of the most formidable seen in recent litigation within the legal profession. Apart from J. S. Okutepa, SAN and Yomi Aliyu, SAN, the team includes Kazeem A. Gbadamosi, SAN, Soji Olowolafe, SAN, Seun Ajayi, SAN, R. O. Balogun, SAN, and Tunji Ogunrinde, SAN, alongside other counsel including Ibrahim Mukhtar, Taiwo Adedeji, Tope Alabi, Ejuro Uruejoma, and R. O. Solahudeen.
Meanwhile, the Oyo State High Court presided over by Justice G. A. Opayinka has already granted an interim order restraining the 5th to 9th defendants from parading themselves as chairman, secretary or members of the ECNBA or participating in any process relating to the conduct of the 2026 NBA election pending the determination of a motion on notice for interlocutory injunction.
The court also restrained Afam Josiah Osigwe, SAN from taking any steps toward the constitution or composition of the Electoral Committee or interfering in the conduct of the 2026 NBA National Officers’ Election pending the hearing of the motion.
The case has been adjourned to March 12, 2026 for the hearing of the motion for interlocutory injunction.
CLAIMS OF THE CLAIMANTS
ORIGINATING SUMMONS
LET THE DEFENDANTS;
Within 30 days after service of this summons on you, inclusive of the day of such service, cause an appearance to be entered for you to this summons, which is issued upon the application of the Claimants, IBRAHIM LAWAL, ESQ. and RAYMOND OKI, ESQ. whose Address is C/O her Counsel Messrs TUNJI OGUNRINDE SAN & CO. for the determination of the following questions:
1. Whether, having regard to the provisions of Section 6(6)(b) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) vis-à-vis the provisions of Section 10(3) of the Constitution of the Nigerian Bar Association, (as amended in 2025), the powers to appoint members of the Electoral Committee of the Nigerian Bar Association (ECNBA) which was expressly and specifically conferred on the National Executive Council of the Nigerian Bar Association can validly be exercised by the 2nd Defendant in contravention of the provisions of the said NBA Constitution and in such a manner to deny the Claimants the right to vote in a free and fair election devoid of bias and manipulation of the electoral process. Flowing from Question 1 above are the following Questions;
2. Whether upon a proper construction of the provisions of Section 10(3) of the Constitution of the Nigerian Bar Association, (as amended in 2025), the purported appointment of the 5th – 9th Defendants by the 2nd Defendant as members of the Electoral Committee of the Nigerian Bar Association (ECNBA) for the conduct of the 2026 NBA National Officers election and/or approval confirmation of the said appointment by the National Executive Council of the NBA at its meeting held on 20% December, 2025, are not ultra vires, unconstitutional and of no legal effect whatsoever.
3. Whether in view of Section 9(5)(iv) and Paragraphs 5 and 6 of Part II to the 2nd Schedule to the Constitution of the Nigerian Bar Association, (as amended in 2025), the 2nd Defendant as President of the Nigerian Bar Association who has the responsibility under the NBA Constitution to provide direction and leadership to all the Committees of the Association including the Electoral Committee of the Nigerian Bar Association (ECNBA) charged with the responsibility to be neutral, impartial and to conduct free and fair election into the National Offices of the Association, ought not to be neutral and avoid any exhibition of bias and partiality in favour of any aspirant or candidate for election into National Offices of the Association.
4. Whether, in view of the provisions of Section 10(3) and paragraph 7 of Part IV of the 2nd Schedule to the Constitution Of the Nigerian Bar Association, (as amended in 2025) and considering that election into National Offices of the Nigerian Bar Association Election is due to be held in the month of July, 2026; whether the National Executive Council of the Nigerian Bar Association can validly exercise its constitutional powers to appoint members of the Electoral Committee of the Nigerian Bar Association (ECNBA) outside the constitutionally prescribed period.
5. Whether in view of the provisions of Section 10 (2) & (3) of the Legal Practitioners Act, Cap L11, LFN 2004 and having regard to the fact that by virtue of Section 10(3) of the Constitution of the Nigerian Bar Association (as amended in 2025), the due appointment of the members of the ECNBA for the conduct of the 2026 NBA National Officers election has become impracticable owing to lapse of the constitution all prescribed period for doing same, also considering that the Constitution of the Nigerian Bar Association, (as amended in 2025) and the Legal Practitioners Act did not provide any remedy for such situation; whether the special circumstances created thereby which is capable of preventing the conduct of the said 2026 NBA National Officers election does not warrant the invocation of the doctrine of necessity to ensure the appointment of members of the ECNBA by the 3rd Defendant and/or 4 Defendant to oversee the conduct of the 2026 NBA National Officers election and ensure that no vacuum is created by the constitutional lapse.
UPON the resolution of the above questions, the Claimants pray this Honourable Court for the following reliefs:
1. A DECLARATION that by the provisions of Section 6(6)(b) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) vis-à-vis the provisions of Section10(3) of the Constitution of the Nigerian Bar Association, (as amended in 2025) the powers to appoint members of the Electoral Committee of the Nigerian Bar Association (ECNBA) for the conduct of elections into National Offices of the Association cannot validly be exercised by any other person not being the National Executive Council (NEC) which is the body expressly conferred with the powers to so appoint members of the ECNBA by the said NBA Constitution.
2. A DECLARATION that by the provisions of Section 10(3) of the Constitution of the Nigerian Bar Association, (as amended in 2025) the 2nd Defendant being the President of the Nigerian Bar Association cannot validly exercise powers not conferred on him by the NBA Constitution to purportedly appoint members of the Electoral Committee of the Nigerian Bar Association (ECNBA) for the conduct of elections into National Offices of the Association contrary to the provisions of the NBA Constitution.
3. A DECLARATION that the purported ratification or approval/confirmation by the National Executive Council of the NBA at its meeting held on 20th December, 2025 of the appointment of the members of the Electoral Committee of the Nigerian Bar Association (ECNBA) made by the 2nd Defendant amounts to a violation and non-compliance with the provisions of Section 10(3) of the Constitution of the Nigerian Bar Association, (as amended in 2025) which mandatorily imposed the responsibility to appoint members of the ECNBA on the National Executive Council.
4. A DECLARATION that the purported appointment of the 5th to 9th Defendants by the 2nd Defendant as Chairman, Secretary and members of the Electoral Committee of the Nigerian Bar Association for the conduct of the 2026 NBA National Officers election is ultra vires i llegal, invalid and of no effect whatsoever.
5. A DECLARATION that by the provisions of Section 10(3) and paragraph 7 of Part IV of the 2nd Schedule to the Constitution of the Nigerian Bar Association. (as amended in 2025) and in view of the fact that elections into National Offices of the Nigerian Bar Association Election is due to be held in the month of July, 2026; the constitutionally prescribed period within which the National Executive Council of the Nigerian Bar Association NEC) Ought to validly exercise its constitutional powers to appoint members of the Electoral Committee of the Nigerian Bar Association (ECNBA) to conduct the 2026 NBA National Officers election has elapsed and the said powers cannot C be validly exercised by NEC outside the constitutionally prescribed period.
6. A DECLARATION that the constitution of the Electoral Committee of the 1st Defendant consisting of the 5th – 9th Defendants by the 2nd Defendant who has consciously or unconsciously shown bias in the election constitutes a denial of the right of the Claimants to participate in a free, fair and credible election of the 1st Defendant and a breach of the Constitution of the Association which he has subscribed to.
7. AN ORDER of this Honourable Court restraining the 5th – 9th Defendants from parading themselves or otherwise acting as Chairman, Secretary or members of the Electoral Committee of the Nigerian Bar Association (ECNBA) or from taking any steps or acting in any manner whatsoever towards the conduct of the 2026 NBA National Officers election.
8. AN ORDER of this Honourable Court restraining the 2nd Defendant who has exhibited unrestrained bias in favour of an aspirant to the office of the NBA President in the 2026 NBA National Officers election, from taking any step or participating in the process of constituting the members of the Electoral Committee of the NBA or taking any part whatsoever in the conduct of the said election.
9. AN ORDER of this Honourable Court mandating the 3rd and/or 4th Defendants to constitute the Electoral Committee of the Nigerian Bar Association and to generally monitor and oversee the free, fair and transparent conduct of the 2026 Nigerian Bar Association National Officers election.
10.AND FOR SUCH ORDERS OR FURTHER ORDERS that this Honourable Court may deem fit to grant in the circumstances.
This Summons was taken out by Messrs by J. S. OKUTEPA, SAN, CHIEF YOMI ALLIYU, SAN, KAZEEM A GBADAMOSI, SAN, SOJI OLOWOLAFE, SAN, SEUN AJAYI, SAN, R. O. BALOGUN, SAN, TUNJI OGUNRINDE, SAN, IBRAHIM MUKHTAR, ESQ. TAIWO ADEDEJI, ESQ., TOPE ALABI, ESQ., EJURO URUEJOMA, ESQ. R. O. SOLAHUDEEN, ESQ. whose address is TUNJI OGUNRINDE SAN & CO. YEKOGUN CHAMBERS, of 14, SANUSI AKERE STREET, OLUYOLE ESTATE, IBADAN, OYO STATE, NIGERIA.
This case was filed on the 18th of February 2026
AFFIDAVIT IN SUPPORT OF ORIGINATING SUMMONS
I, IBRAHIM LAWAL ESQ, Adult, Male, Nigerian of Aare Afe Babalola Bar Centre, NBA House, Iyaganku, Ibadan, Oyo State do hereby make oath and state as follows:
1. That I am a Legal Practitioner, a member of the Nigerian Bar Association who has the right to vote in the Association’s elections.
2. That I am currently the Chairman of the Nigerian Bar Association, Ibadan branch and also a member of the National Executive Council of the Nigerian Bar Association (NBA- NEC) by virtue of which I am conversant with the facts of this case.
3. That I am aware that the 2nd, 3rd and 4th Claimants are currently the respective Chairmen of Ilesa, Ikare and Owo branches of the Nigerian Bar Association and also members of the National Executive Council of the Nigerian Bar Association (NBA-NEC).
4. That the facts to which I herein depose in this Affidavit are, except otherwise stated, facts within my personal knowledge and I have the permission and authorities of the 2nd, 3rd and 4th claimants to depose to this affidavit.
5. That know the Ist Defendant as a registered professional association of Legal Practitioners in Nigeria.
6. The 2ad Defendant is the President of the Nigerian Bar Association and responsible for the general administration of the Association.
7. The 3rd Defendant is the body of legal practitioners of highest distinction in the Nigerian Legal Profession with powers to carry out oversight function over the Nigerian Bar Association, particularly as it relates to disciplinary, regulatory and succession issues.
8. The 4h Defendant, the Honourable Attorney General of the Federation, is being joined in his capacity as Chairman and in representative capacity of the General Council of the Bar, a body responsible for issuing regulations on professional conduct and ethics for Nigerian lawyers and also involved in management of the general affairs of the 1s Defendant,
9. The 5th Defendant is he person purportedly appointed by the 2nd Defendant as the Chairman of the Electoral Committee of the Nigerian Bar Association (ECNBA) for the conduct of the 2026 NBA National Officers election which is due to be held in the month of July, 2026.
10.The 6th Defendant is the person purportedly appointed by the 2nd Defendant as the Secretary of the Electoral Committee of the Nigerian Bar Association (ECNBA) for the conduct of the 2026 NBA National Officers election which is due to be held in the month of July, 2026.
11.The 7th to 9th Defendants are persons Purportedly appointed by the 2nd Defendant as members of the Electoral Committee of the Nigerian Bar Association (ECNBA) for the conduct of the 2026 NBA National Officers election which is due to be held in the month of July, 2026 pursuant to the Constitution of the Nigerian Bar Association, (as amended in 2025).
12. That I know that another cycle of Election of the National Officers of the Nigerian Bar Association is scheduled to hold in July, 2026 where by the Constitution of the NBA, I have the right to vote and be voted for in a free and fair election.
13. That I know that the Constitution of the Nigerian Bar Association established an independent body to be known as the Electoral Committee of the Nigerian Bar Association (the ECNBA) to oversee the conduct of elections into the National
