The Court of Appeal in Ibadan on Tuesday canceled the decision of the Oyo State High Court. This decision had stopped the Electoral Committee of the Nigerian Bar Association (ECNBA) from carrying out the associationâs national officersâ election for 2026.
The appellate court has now given the ECNBA the green light to hold the election as planned on Saturday. They said the Oyo State High Court did not have the authority to handle the case.
The court threw out all the proceedings from the lower court, including the temporary order that stopped the ECNBA from conducting the election.
The unanimous judgement supported the appeal made by the ECNBA against the earlier ruling by Judge G. A. Opayinka of the Oyo State High Court.
Judge Opayinka had issued a temporary order in March, preventing the ECNBA from carrying out activities related to the 2026 NBA national officersâ election. This was until a motion was heard.
The order also stopped the NBA from overseeing or taking part in the electoral process.
Four lawyers, Ibrahim Lawal, Raymond Oki, Omotan Olusola Ogunmodede, and Gabriel Ojo Adekunle Ijalana, filed the suit. They questioned the validity of the electoral process and the makeup of the ECNBA.
Unhappy with the ruling, the ECNBA appealed. They argued that the Oyo State High Court had no jurisdiction to hear the case.
The Court of Appeal agreed with them in its decision on Tuesday.
The court said the lower court did not have the authority to handle the case. They set aside all the proceedings, including the order that paused the election.
This ruling came just days before the NBAâs national officersâ election, which is set for Saturday, 18 July.
Eligible members of the association will vote online to choose a new president and other national officers. They will also elect the NBAâs representatives to the General Council of the Bar.
This legal action is part of the bigger crisis leading up to the elections.
The election has faced several legal challenges in recent months. These include issues related to the ECNBA's makeup, the appointment of the election service provider, and the electoral process itself.
PREMIUM TIMES reported that last week, the NBA rejected claims of directives from the Attorney General of the Federation, Lateef Fagbemi. These directives suggested postponing the election.
The NBA stated that only its National Executive Council (NEC) has the power to delay the election. They also insisted that the ECNBA is an independent body set up under the NBA Constitution to run the election, and the election will go on as planned.
To boost confidence in the election, the NBA invited local and international observers. These include the European Union, the U.S. Embassy, the British High Commission, Yiaga Africa, the Transition Monitoring Group (TMG), and other election monitors to watch the voting process.
The NBA said that accredited observers will monitor the electronic voting from the Central Election Control Room in Abuja.
They believe the presence of observers will help ensure transparency, increase trust in the election's credibility, and offer an independent view of the electoral process.
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