The Court of Appeal sitting in Ibadan has set aside the orders of the Oyo State High Court which restrained the Nigerian Bar Association and the Electoral Committee of the Nigerian Bar Association from proceeding with preparations for the 2026 NBA National Officers’ Election.
The appellate court upheld the appeal filed by the NBA and the ECNBA, holding that the suit and the entire proceedings before the Oyo State High Court, including the ex parte orders issued against the association and its electoral committee, were a nullity.
The court held that the Oyo State High Court lacked subject-matter, personal and territorial jurisdiction to entertain the actions.
The decision removes the legal obstacles created by the High Court proceedings and clears the way for the 2026 NBA National Officers’ Election to proceed under the supervision of the ECNBA and in accordance with the NBA Constitution, electoral guidelines and timetable.
The appeal arose from separate suits filed at the Oyo State High Court amid disputes over the zoning and nomination process for the NBA presidency.
In Suit No. I/205/2026, filed by the Incorporated Trustees of Egbe Amofin O’odua, Justice Y.S. Adekunle granted an interim injunction on February 24, 2026, restraining the NBA from recognising, accepting or processing the nomination of any candidate other than the consensus candidate presented by Egbe Amofin O’odua for the office of NBA President.
The order was made pending the hearing and determination of the motion on notice.
The dispute followed the position of Egbe Amofin O’odua that, since the NBA presidency had been zoned to the Western Zone for the 2026 election, the candidate selected through its consensus arrangement should be recognised as the zone’s sole nominee.
The Western Zone comprises Lagos, Ondo, Oyo, Osun, Ogun, Ekiti, Edo and Delta states.
However, disagreement over whether the consensus arrangement of the regional lawyers’ group could bind the wider NBA electoral process led to litigation and intensified divisions within the Bar.
In a separate suit marked I/221/2026, Justice G.A. Opayinka restrained members of the ECNBA from parading themselves as members of the electoral committee or taking further steps towards conducting the 2026 NBA National Officers’ Election.
The order also restrained the NBA President, Mazi Afam Osigwe, SAN, from taking steps connected with the constitution of the electoral committee or interfering with the election process.
The applicants in the suit were Ibrahim Lawal, Raymond Oki, Omotan Olusola Ogunmodede and Chief Gabriel Ojo Adekunle Ijalana.
The defendants included the NBA President; the Incorporated Trustees of the NBA; the Body of Benchers; the Attorney-General of the Federation, in his capacity as Chairman of the General Council of the Bar; and members of the ECNBA.
The two sets of orders created uncertainty over the election timetable, the authority of the electoral committee and the eligibility of presidential candidates who were not presented under the Egbe Amofin O’odua consensus arrangement.
By holding that the Oyo State High Court lacked jurisdiction, the Court of Appeal invalidated the proceedings and removed the legal foundation of the orders restraining the NBA, its President and the ECNBA.
The decision means that the High Court orders can no longer prevent the electoral committee from carrying out its constitutional responsibilities or stop the NBA from processing the nominations of qualified candidates.
It also reinforces the position of the NBA and ECNBA that the election must be conducted under the association’s constitutional framework rather than through a consensus arrangement imposed by a regional Bar forum.
The 2026 NBA election has generated intense controversy over zoning, consensus arrangements, the composition and independence of the ECNBA, allegations of bias and the credibility of the voting process.
The leading presidential candidates are Aare Olumuyiwa Akinboro, SAN; Oyinkansola Badejo-Okunsanya, SAN; and Lateef Omoyemi Akangbe, SAN.
The election will produce a successor to the incumbent NBA President, Osigwe.
While Egbe Amofin O’odua maintained that its consensus candidate should represent the Western Zone, opponents argued that the NBA Constitution provides for universal suffrage and allows all eligible lawyers nationwide to vote for their preferred candidates.
Under the NBA’s electoral system, eligible members who have paid their Bar practising fees and branch dues participate in national elections through electronic voting.
The ECNBA, chaired by Aham Ejelam, SAN, was approved at the NBA National Executive Council meeting held in Edo State on November 20, 2025, to conduct the association’s 2026 national elections.
Other members of the committee are Ibrahim Aliyu Nasarawa, Secretary; Muhammad M. Nuhu; Uju Okafor; and Ume Maduka.
The NBA Constitution vests responsibility for the organisation, management and supervision of national elections in the ECNBA.
With the High Court proceedings now declared a nullity, the electoral committee can continue preparations for the election without the restrictions imposed by the Oyo State High Court.
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