An Oyo State High Court presided by Justice G. A. Opayinka has been asked to subpoena necessary parties to testify against the President of the Nigerian Bar Association, NBA, Afam Osigwe, SAN, in a suit seeking to stop the bar election scheduled for July 2026.
In the suit numbered 1/221/2026, the plaintiffs, who are members of the NBA, had asked the court to halt all actions towards the conduct of the election, pending the determination of the matter.
The plaintiffs in the suit are Ibrahim Lawal, Esq, Raymond Oki, Esq, Omotan Olusola Ogunmodede, Esq, and Chief Gabriel Ojo Adekunle Ijalana, Esq. The Incorporated Trustees of the NBA, NBA President Mazi Afam Osigwe, SAN, the Body of Benchers, the Attorney General of the Federation (in his capacity as Chairman, 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 1st to 9th defendants, in that order.
In an exparte order dated March 4, 2026, Justice Opayinka had granted the reliefs sought in an exparte motion moved by the applicants
The judge ordered: “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 restrained from taking any steps whatsoever towards the constitution and composition of the Electoral Committee of the Nigerian Bar Association, or from participating in, supervising, influencing or otherwise interfering in any manner whatsoever with the conduct of the said 2026 NBA National Officers’ Election, pending the hearing and determination of the motion on notice for Interlocutory Injunction.”
The suit is still pending before the court, which had, following the ex-parte order, adjourned the matter to March 12, 2026, for hearing of the motion for interlocutory injunction.
However, in a fresh twist in the matter, lawyers, under the aegis of the Nigerian Law Society, NLS, and the Association of Legislative Drafting and Advocacy Practitioners, ALDRAP, through their counsel, Adetoun S. Akwarandu, have asked Justice Opayinka to subpoena some persons 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, prohibits lawyers involved in pending or anticipated litigation from making extra-judicial statements that could prejudice or interfere with a fair trial, judgment, or sentence, ensuring the sub-judice rule is maintained.
Akwarandu, in an amicus curiae brief of argument addressed to Justice Opayinka, dated March 17, 2026, listed the parties to be summoned to give evidence as Rasheed Murtala Abdul-Rasheed, SAN, former NBA publicity secretary, Niko El-Farlo, Dr. Clinton Tonye Jaja, and Jimoh Hammed, Esq, Convener of the Advocacy for Bar License Freedom, ABLIF.
Parts of the amicus curiae brief read, “Our client, on behalf of several Nigerian lawyers, both individually and collectively, respectively requests your Lordship to invoke 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 under-listed necessary parties.
“Our client informed us that the testimonies of the above-mentioned lawyers are relevant to establish the fact that both the President of the NBA and his cronies are in the habit of violating the rule relating to matters that are sub-judice.
“Our client seeks this intervention, considering that if your Honourable Court does not apply the relevant laws and impose the necessary penalties and sanctions, the respect and reputation of your Honourable Court will forever be taken for granted.
“Our client makes this request on behalf of over 2,500 right-thinking lawyers, who are under the umbrella of the Nigerian Law Society, NLS, and the Association of Legislative Drafting and Advocacy Practitioners, ALDRAP.”
In an addendum to the amicus curiae brief, dated April 7, 2026, ALDRAP sought the admission of a public statement allegedly made by NBA President “which is germane to the determination of the ongoing lawsuit”.
Referring to the said public statement, ALDRAP said the NBA President had admitted to nominating both the chairman and secretary of the NBA electoral committee as NBA nominees to occupy positions in the Body of Benchers.
Alleging that the move could influence the NBA election in favour of preferred candidates, ALDRAP noted that out of over 200,000 members of the NBA, individuals not saddled with the responsibility of conducting the election should have been nominated for the positions. The association stressed that the assignment of conducting the election requires neutrality and impartiality.
ALDRAP further noted that the pending lawsuit against the NBA election is asking the court to order the chairman and secretary of the electoral committee to step aside.
