• Court refuses to grant ex-parte application
• Orders substituted service on defendants
• Adjourns case to Thursday
• Anxiety as AGC begins

Mr. Abubakar Mahmoud (SAN) yesterday received a lifeline from an Abuja High Court in his bid to become the next Nigerian Bar Association (NBA) president as the court refused to grant an ex-parte application brought by Chief Joe-Kyari Gadzama (SAN) to halt his swearing-in.

Delivering his ruling on the application which was argued by Mr. Sebastine Hon (SAN), Justice Olukayode Adeniyi of the High Court of the Federal Capital Territory, Abuja held that the application lacked merit as the ‘res’ will not be vitiated if the application is not granted.

Justice Adeniyi further held that the application was brought about 17 days after the result was declared, adding that there is no urgency that requires an ex-parte order since the event being sought to be restrained is holding next week.

But the court granted the applicant’s motion for substituted service and ordered that service be effected on the defendants who were yet to be served by substituted means. Two of the defendants have been served.

Justice Adeniyi adjourned the matter to Thursday, August 25, 2016 for hearing of the plaintiff’s motion on notice for interlocutory injunction.

The ex-parte motion dated 15th August, 29016 had sought to stall the inauguration of Mahmoud pending determination of the suit brought by Gadzama.

Among the prayers sought by the applicant were:

“An order of interim injunction restraining the defendants/Respondents, whether by themselves, agents, servants, officers and/or privies or howsoever described from inviting or asking or causing to be invited any Judge or Notary Public to swear in or cause to be sworn in the 15th Defendant into office as the President of the Nigerian Bar Association (NBA), pending the hearing and determination of the Plaintiff’s Motion on Notice for Interlocutory Injunction.

“An order of interim injunction restraining the 15th Defendant/Respondent, whether by himself, agents, employees, privies acting for or on his behalf, from parading himself, claiming and/or holding himself out as the President-Elect of the Nigerian Bar Association (NBA) at NBA’s 2016 Annual General Conference holding in Port Harcourt or in any other place, pending the hearing and determination of the Plaintiff’s Motion on Notice for Interlocutory Injunction.

“An order of interim injunction restraining the 15th Defendant, from offering or availing himself to be sworn in as President of the Nigerian Bar Association (NBA) at NBA’s 2016 Annual General Conference holding in Port Harcourt or in any other place, pending the determination of the Motion on Notice for Interlocutory Injunction.

“An order of interim injunction restraining the 8th to 14th Defendants, their agents, employees, privies or anybody acting for and on their behalf, from shutting down, altering, deleting or in any way tampering with the data, contents, documents, election computer programme, recordings, e-voting records, each and every vote cast and other related materials, whether paper, electronic, internet or otherwise, all records or any other information in their power and possession or under their custody and control, used for and/or relevant to the 2016 Nigerian Bar Association election as it relates to the office/position of the President held on 30th and 31st July, 2016, pending the hearing and determination of the motion on notice herein.

“An order of publication of the orders made pursuant to this Motion Ex Parte in any national newspaper; particularly THE NATION OR THE PUNCH OR THISDAY NEWSPAPER, as due notice thereof to the Defendants.

“And for such further order(s) as this Honourable Court may deem fit to make in the Circumstance.”

The application was supported by a 37-paragraph affidavit sworn to by Gadzama.

Mahmoud was declared winner of the election with total 3055 votes while Gadzama polled 2384 votes. But Gadzama had rejected the result, saying in his statement of claim that “contrary to the result declared by the 8th Defendant, at the close of voting, at 12:00 midnight on Sunday, 31st July, 2016, the result of the 2016 Nigerian Bar Association Election as it relates to the office/position of the President, as collated from and contained on the official voting domain/platform was as follows: Joe-Kyari Gadzama – 2,963; Abubakar B. Mahmoud -2,465.” This was as deduced by his ICT experts who conducted forensic audit of the poll.

Among those who are listed as defendants in the suit are NBA trustees including Alhaji Abdullahi Ibrahim (SAN) CON, Chief Wole Olanipekun (SAN) OFR, Chief Thompson Joseph Onomigbo Okpoko (SAN) OON, Chief (Mrs.) Priscilla Kuye, Alhaji Murtala Aminu OFR and Chief Anthony O. Mogboh (SAN). They are listed as 1st to 6th Defendants while The Incorporated Trustees of Nigerian Bar Association is the 7th Defendant. Mr. Kenneth Mozia (SAN), Chairman of the ECNBA is the 8th Defendant while Mr. Oluwaseun Ajoba who doubles as the Secretary of the committee is the 9th Defendant.

Others are Hajia Safiya Balarabe, Mrs. Amaka Ezeno, and Mrs. Eucharia Pepple – all members of the Electoral Committee – as 10th, 11th and 12th Defendants while NBA’s ICT Partner, Grace Infotech Limited is the 13th Defendant. Mr. Augustine O. Alegeh (SAN), the NBA President , is sued as the 14th defendant while Gadzama’s opponent who was declared winner of the election, Mr. Abubakar B. Mahmoud (SAN) is listed as the 15th Defendant.

Meanwhile, there is some level of anxiety among lawyers on the impact the electoral debacle may have on the forthcoming NBA Annual General Conference (AGC) in Port Harcourt. A source close to the Gadzama camp told our reporter that his supporters are divided on whether they should participate in the AGC or boycott it to protest the controversial election. However, many lawyers have started trooping into Port Harcourt for the conference, with its signature Opening Ceremony holding tomorrow.

Culled from CityLawyer