Appeal Court Nullifies Order Halting NBA Election, Says AGF Cannot Issue Directives to Courts

The Nigerian Bar Association's 2026 National Officers’ Election can now proceed after the Court of Appeal in Ibadan set aside an order that had halted the process. The appellate court unanimously ruled on July 14, 2026, that the Oyo State High Court lacked jurisdiction to entertain the suit, rendering its proceedings and interim orders void.

The appeal was brought by several senior lawyers and NBA members challenging a March 4, 2026, ruling by Justice G.A. Opayinka of the Oyo State High Court. That ruling had granted an ex parte injunction preventing the NBA Electoral Committee from conducting the election. The original suit questioned the composition of the electoral committee and other provisions under the NBA Constitution and the Legal Practitioners Act.

Delivering the lead judgment, Justice Fadawu Umaru emphasized that jurisdiction is fundamental to any judicial proceeding. "Jurisdiction remains the lifeblood of every judicial proceeding," he stated. "It is elementary that where a Court lacks jurisdiction, every step taken in the proceedings, no matter how well conducted, amounts to a nullity."

The Court of Appeal agreed with the appellants that the dispute centered on interpreting the NBA Constitution, the governing document of an incorporated trustee. Such matters, the court held, fall under the exclusive jurisdiction of the Federal High Court, not a state high court. Consequently, the appellate court struck out the suit, clearing the path for the NBA election to move forward.

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Jurisdiction remains the lifeblood of every judicial proceeding. It is elementary that where a Court lacks jurisdiction, every step taken in the proceedings, no matter how well conducted, amounts to a nullity. Jurisdiction is therefore the threshold issue which must be resolved before a Court can validly exercise any judicial authority.