NBA Election Dispute: ALDRAP, NLS Seek Court Order to Subpoena Witnesses

A high court in Oyo State, led by Justice G. A. Opayinka, has been asked to summon the people who need 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 preparations for the election until the case was resolved.

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 on 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 get in the way of the 2026 NBA National Officers’ Election in any way, pending the hearing and decision of the motion for Interlocutory Injunction.”

The court has not yet decided the case. After the ex parte order, it pushed the hearing of the motion for interlocutory injunction to March 12, 2026.

However, in a new twist, lawyers from the Nigerian Law Society (NLS) and the Association of Legislative Drafting and Advocacy Practitioners (ALDRAP) have asked Justice Opayinka to subpoena some people to “testify against the NBA President and his media team’s pattern of refusal to comply with Rule 33 of the Rules of Professional Conduct for Legal Practitioners, 2023.”

Rule 33 of the Rules of Professional Conduct for Legal Practitioners, 2023, says that lawyers who are involved in a case that is still going on or is expected to go on must not make statements outside of court that could hurt or interfere with a fair trial, judgment, or sentence. This keeps the sub-judice rule in place.

In an amicus curiae brief of argument to Justice Opayinka dated March 17, 2026, Akwarandu named the people who should be called to testify 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 said, “Our client, on behalf of several Nigerian lawyers, both individually and collectively, requests your Lordship to use 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 following necessary parties.”

“Our client told us that the testimonies of the lawyers listed above are important to prove 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 right laws and hand out the right punishments and penalties, people will always take your Honorable Court’s respect and reputation for granted.”

“Our client is asking for 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 the admission of a public statement that NBA President made on April 7, 2026, in an addendum to the amicus curiae brief. They said it was “germane to the determination of 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.

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 must be done without bias or favoritism.

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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