24th May, 2012
Justice Oluwatoyin Taiwo of Lagos High Court, sitting in Ikeja, today refused to vacate an order of an interim injunction, restraining the electoral committee of the Nigerian Bar Association (NBA), Ikeja branch from swearing in the newly elected officers of the branch.
The interim injunctions were granted two week on Tuesday, 15 May while ruling on an ex-parte motion filed by Mr. Dare Akande, counsel to one of the chairmanship contestants in the election, Mr. Yinka Farounbi.
Farounbi was challenging the conduct of the election while seeking the interpretation of the by-laws of the association, as related to conduct of its election.
Respondents in the suit include election committee chairman, Mr. Oladosu Ogunniyi (SAN), out-going branch chairman, Mr. Adebamigbe Omole and the embattled elected officers, Mr. Onyekachi Ubani, Mr. Adesina Ogunlana, Mrs. Caroline Ibeh, Mr. Adegbite Adesina, Mrs. Titilayo Osagie, Mrs. Memuna Esegine and Mrs. Silver-Nelly Ajakaiye.
At the resumed sitting of the court yesterday, counsel to the first defendant (Ogunniyi), Mr. Oludare Falana, said he was yet to be served with the originating summons of the matter.
Although he urged the court to go ahead with its sitting, counsel to the claimant, Mr. A. A. Adewumi told the court that he was yet to reply to the preliminary objection filed by all the respondents.
The court insisted that the prelimary objections, which have to do with the jurisdiction of the court must first be heard before the hearing of the interlocutory injunction as well as the substantive suit brought by the applicant.
The claimant’s counsel urged the court to extend its earlier order for the parties to maintain the status quo pending the determination of the substantive suit.
But counsel to the 3rd defendant (Ubani), Mr. Babatunde Kehinde, kicked against the request, saying the order naturally expired after seven days, according to Order 39 Rule 3 of the Civil Procedure Rules.
Kehinde also argued that extending the interim order might create confusion as the tenure of the out-going executives of the Bar expires June 1, saying there was no room for caretaker arrangement at the Bar.
But Justice Taiwo declined to vacate the order until all parties in the matter have been duly served all court processes.
“All processes must be before the court. In the interest of justice, I am extending the order for another seven days to enable all processes served,” the court held.
Then court then rose to reconvene 30 May, 2012.
—Henry Ojelu