Victor Chinonye Onwere, Esq., the disqualified Chairmanship Candidate in the forthcoming NBA Aba Branch, have sued the Nigerian Bar Association, Ndukwe Nnawuchi SAN, Amaka Ezeno(other members of NBA Branch Election Appeal Committee East, Charles C. Eduzor, A.Ajah (for themselves and as representing other members of NBA Aba Electoral Committee) & 2 Others.
In suit HOB/65/2024, the Claimant is praying for the following:
A declaration that the actions of the 1st and 2nd Defendants acting in their capacity as Chairman and secretary NBA branch election Appeal Committee east, breached the fundamental principle of fair hearing as enshrined in section 36 of the 1999 constitution, federal republic of Nigeria as Amended.
A declaration, that decision signed by the 1st and 2nd Defendants as Chairman and secretary of NBA branch election Appeal Committee East against the Claimant disqualifying him to contest for the post of chairman NBA Aba branch in the upcoming branch election slated to hold on 24th June 2024 is null and void. An order of court setting aside the said decision signed by the 1st and2nd Defendants, as Chairman and secretary of the NBA, Branch Election Appeal Committee East, disqualifying the Claimant to contest for the post of chairman Nba Aba branch on the branch election slated to hold on 24 June 2024.
An order of court restraining all the Defendants particularly 3rd and 4th Defendants who are Chairman and secretary of NBA Aba Branch Electoral Committee, from conducting any election for the post of Chairman NBA Aba Branch on 24th of June or any other day thereafter and/or swearing in any candidate or any other person as the chairman NBA Aba Branch, unless the name of the Claimant is included as candidate for the post of Chairman and appears so on the ballot paper for the post of chairman NBA Aba branch and the branch election held accordingly.
And for such further order(s) as this Honourable court may deem fit and expedient to make in the circumstances.
QUESTION FOR DETERMINATION.
Whether the actions of the 1st-2nd Defendants who are Chairman and secretary of the NBA election Appeal Committee East, who presided over petition/appeal, signed and disqualified the claimant without serving any notice and/or given the claimant the opportunity to be heard, did not breached the fundamental rule of fair hearing and thus offend section 36(1) of the 1999 constitution of federal Republic of Nigerian as Amended. Whether the 1st-2nd Defendants who are Chairman and secretary of the NBA electoral Committee East, who presided over a petition to the committee rightly interpreted article 14(1) and article 6(3) of the Nigerian Bar Association uniform bye-law for branches and whether the said interpretation affect the claimant in respect to his qualification for the post of Chairman NBA Aba branch.