The Court of Appeal, Ibadan Division, has nullified the proceedings and interim orders of the Oyo State High Court that halted preparations for the 2026 Nigerian Bar Association (NBA) National Officers’ Election, ruling that the lower court lacked jurisdiction over the matter.
In a unanimous judgment delivered on July 14, 2026, the appellate court allowed the appeal filed by members of the NBA Electoral Committee and other parties, striking out the suit for want of jurisdiction.
The appeal challenged the March 4, 2026 decision of the Oyo State High Court, which had granted an interim injunction stopping members of the Electoral Committee of the Nigerian Bar Association (ECNBA) from functioning or taking further steps towards conducting the election.
Delivering the lead judgment, Justice Fadawu Umaru held that jurisdiction remains the foundation of every judicial proceeding, adding that any action taken by a court without the required authority is invalid.
The court agreed with the appellants that the dispute centred on the interpretation of the NBA Constitution and issues concerning the administration of an incorporated body, matters it held fall within the exclusive jurisdiction of the Federal High Court.
It ruled that the Oyo State High Court had no authority to entertain the case because the dispute involved appointments made under the NBA’s governing framework.
The appellate court also faulted the choice of venue, noting that the appointments in question were made during an NBA National Executive Council meeting in Benin City, Edo State, while the committee members carried out their official responsibilities in Abuja.
Describing the action as forum shopping, the court held that filing the suit in Oyo State amounted to an abuse of court process.
The judges further ruled that the plaintiffs lacked the legal standing to institute the action, having failed to show any personal injury or interest affected by the appointments they challenged.
The court also held that the respondents breached the NBA Constitution by failing to first utilise the association’s internal dispute resolution mechanism before approaching the court.
On the interim injunction, the appellate court found that the order effectively granted the substantive reliefs sought without giving the appellants an opportunity to be heard, contrary to the principles of fair hearing.
In a separate judgment, Justice Kenneth Ikechukwu Amadi held that the Attorney-General of the Federation has no constitutional power to issue directives to courts on pending matters, warning that such interference would undermine judicial independence.
Justice Amadi also criticised the failure of counsel to some respondents to adopt their written arguments during the appeal, describing the action as a disregard for established appellate procedures.
The Court of Appeal consequently declared the Oyo State High Court proceedings and interim injunction null and void, struck out the suit, and made no order as to costs.
The judgment has effectively removed the legal obstacle to the NBA’s preparations for its 2026 National Officers’ Election.
