Suit challenging NBA president’s election adjourned indefinitely

A High Court, sitting in Maitama, Abuja, has adjourned sine die, the case filed by Chief Joe Gadzama (SAN) challenging the election of the president of the Nigerian Bar Association (NBA), Mr. Abubakar Mahmud.
Gadzama who lost to Mahmud at the association’s annual general conference in Port-Harcourt, Rivers state, had approached the court to challenge the election on the ground that many lawyers were disenfranchise from voting during the election.
The senior lawyer is praying the court to nullify the election for being characterised by malpractices and to order a fresh poll.

Gadzama, had through his counsel, Chief Sebastine Hon (SAN), in a letter dated November 30, 2016, asked the court to adjourn the case to allow his client pursue the ruling of the court.
However, not satisfied with the ruling of the court, Chief Hon proceeded to the Appeal Court to challenge the ruling, just as Gadzama had wanted the court to consolidate the processes filed in the matter.
A letter by Gadzama’s counsel titled: “Application For Adjournment Sine Die,” read in part: “You may recall that we have appealed against the ruling on our application for consolidation of preliminary objection with the substantive suit delivered on November 8, 2016, by his Lordship, Justice Y. Halilu.
“The notices of appeal already before this honorable court were filed on November 15 and 22, 2016, respectively. The Record of the appeal has also been transmitted to the court of appeal and served on all defendants/respondents.
“In view of the pending appeal which has been duly entered, we hereby apply for adjournment of this matter sine die pending the decision of the court of appeal.”
NBA president through his Counsel, Paul Erokoro (SAN), objected to the suit filed by Gadzama and asked the court to strike out the suit, stating that the applicant did not first channel his complaints to the NBA Dispute Resolution Committee before suing.
“This suit has not complied with the requirements of due process. The condition-precedent to the commencement of this suit was not fulfilled,” Mahmoud said.
Mahmoud said Gadzama’s suit was premature and robs the court of jurisdiction.