JUDGMENT IN SUIT NO: FCT/HC/CV/2534/2023: HON NIMI WALSON-JACK VS NBA.
As a preliminary to the substantive suit, the court dismissed the Preliminary Objection filed by the Defendant on the ground that the PO was an attempt to examine the substantive issue at an interlocutory stage.
The court also held that the justiciability of the action, the status of the claimant, the provision of the NBA constitution, and the internal workings of the NBA, particularly the attendance of the NBA- NEC cannot be decided without going to the Pleadings, particularly an examination of the facts before the court.
Main:
On the substantive suit the court held that in a suit seeking declaratory reliefs, the Claimant has to prove their case and can’t rely on the weakness of the defendant’s case.
The court noted that the Claimant failed to adduce evidence to show he is a Lawyer called to the Bar, by failing to exhibit his call to bar certificate, the claimant also failed to show that he served as the General Secretary of the NBA. Unfortunately, the court cannot speculate as to these facts, nor can the court take judicial notice of them.
The Claimant’s decision to use an Originating Summons as against filing instead of fundamental Human Rights, goes to show that he realised his attendance of the NBA NEC meeting is a privilege and not a right.
The court stated that while no one can be forced to be a member of an association, as soon as one joins, the person is bound by the rules of the association, and his conduct should be guided by the same.
The court noted that the law is that a court will not interfere in the internal affairs of an association except when the association goes against its own constitution.
The court stated that since the defendants conferred the privilege on the claimant, the defendants can strip him of the same privilege. the defendant was just not a lawyer engaged by the Nigerian Lawyers Society (NLS) for the purpose of incorporation, but he is a member and the Vice President of NLS. He also didn’t deny being a member of the NLS.
The claimant is also not just a member of the NLS but has proved himself worthy to be the VP of NLS. Having committed to a rival association, claimants cannot attend the NBA NEC anymore, as the attendance is a privilege and not a right.
All the questions for determination are resolved in favour of the defendants and all reliefs sought are dismissed by the court.
A copy of the judgement will be made available as soon as possible.
O. Aduloju Esq. Represented NBA.
