A Lagos State High Court has granted an order restraining Ezekiel Ogbaide from acting as the Chairman of the Nigerian Bar Association, NBA Ikorodu branch pending the determination of a Motion on Notice.
Justice S.B.A. Candide Johnson gave the Order based on a Motion Ex Parte filed by Femi Falana, SAN, Counsel to the Claimant/Applicant, Mr Bayo Akinlade.
Claimant’s counsel argued that there was need to preserve the office of the Chairman of NBA Ikorodu Branch to prevent “chaos”.
Mr Akinlade was suspended as chairman of the branch by the NBA National Executive Committe over alleged violation of a directive of the NBA National Secretariat.
The NBA Genaral Secretary, Mr Taidi Gunu had issued a directive to Mr Akinlade asking him to stop the proposed election of a Vice President of NBA Ikorodu branch.
The Branch proceeded to conduct the election, and a winner emerged, Mrs Gloria Odeibe-Cassius.
Citing a constitutional provision, Akinlade defended his actions saying the chairman had no powers to unilaterally halt a decision of the General Meeting.
After hearing the argument of Mr Falana, SAN, the court held that the ‘Motion Ex Parte succeeds under the principles and criteria that guides it in such situation where emergency preservation or protective interim orders are justified”.
The Court ordered claimant to file an undertaking as to damages within 3 working days.
The interim injunction dated Friday 5th of April, 2019, will expire on 12th of April, 2019 while the substantive hearing of the Motion on Notice for the interlocutory injunction is fixed for 16th April, 2019.