By Stephen Simon
The Court of Appeal sitting in Ibadan has cleared the way for the Nigerian Bar Association (NBA) to proceed with its 2026 National Officers’ Election after setting aside an interim order of the Oyo State High Court that had halted the exercise.
In a unanimous judgment delivered on Tuesday, the appellate court held that the Oyo State High Court lacked the jurisdiction to entertain the suit filed against the Electoral Committee of the Nigerian Bar Association (ECNBA). It consequently nullified the entire proceedings of the lower court, including the ex parte order restraining the committee from conducting the election.
The appeal was filed by the ECNBA following the March ruling of the Oyo State High Court, which had restrained the committee from carrying out any activities relating to the July 18 national election pending the determination of a motion on notice. The lower court also barred the NBA from supervising or participating in the electoral process.
The suit was instituted by four lawyers who questioned the legitimacy of the electoral process, the composition of the ECNBA and aspects of the election arrangements. However, the appellate court agreed with the ECNBA that the lower court lacked the legal competence to hear the matter, effectively restoring the committee’s authority to conduct the polls.
The judgment removes the last major legal hurdle facing the election, which is scheduled to hold on Saturday, July 18, through electronic voting. More than 82,000 verified lawyers from the NBA’s branches across the country are expected to participate in the exercise to elect a new president and other national officers of the association.
The election had in recent weeks been overshadowed by a series of legal disputes and controversies, including challenges to the composition of the ECNBA, the appointment of the election service provider and an alleged directive seeking the postponement of the polls. The NBA had rejected the purported directive, insisting that only its National Executive Council has the constitutional authority to postpone the election.
With the appellate court’s ruling, attention has now shifted to the conduct of Saturday’s election, which is expected to usher in a new leadership for Nigeria’s largest body of legal practitioners. Stakeholders have expressed hope that the exercise will be transparent, credible and peaceful, further strengthening confidence in the association’s democratic processes.
