Court of Appeal Voids Oyo High Court Order Against ECNBA and NBA, Clears Way for 2026 NBA Elections
The Court of Appeal, Ibadan Division, has nullified the proceedings of the Oyo State High Court that restrained the Electoral Committee of the Nigerian Bar Association (ECNBA) and the Nigerian Bar Association (NBA) from proceeding with the 2026 NBA National Officers’ Election.
The appellate justices held that the Oyo State High Court lacked the requisite jurisdiction ab initio (from the beginning) to entertain, hear, or determine the suit.
The Court consequently declared the entire proceedings before the lower court, including the controversial ex parte interim order, a nullity.
The appeal arose from an interim injunction granted by the Oyo State High Court sitting in Ibadan, which had restrained the ECNBA from carrying out any activities relating to the conduct of the 2026 NBA National Officers’ Election. The order also barred the Nigerian Bar Association from supervising or participating in the electoral process.
The unanimous judgement granted the prayers in the appeal filed by the ECNBA against the ruling of Judge G. A. Opayinka of the Oyo State High Court.
Judge Opayinka had granted an ex parte interim in March, restraining the ECNBA from carrying out activities relating to the 2026 NBA national officers’ election pending the hearing of a motion on notice. The order also restrained the NBA from supervising or participating in the electoral process.
The suit was filed by four lawyers, Ibrahim Lawal, Raymond Oki, Omotan Olusola Ogunmodede and Gabriel Ojo Adekunle Ijalana. They challenged the legitimacy of the electoral process and the composition of the ECNBA.
Aggrieved by the restraining order, the ECNBA approached the Court of Appeal, contending that the lower court lacked the jurisdiction to entertain the matter.
In its judgment, the appellate court agreed with the ECNBA’s position, holding that the Oyo State High Court was without jurisdiction ab initio to hear and determine the suit. Consequently, all proceedings conducted by the lower court, together with the interim orders made therein, were declared void.
The NBA last week rejected alleged directives purportedly issued by the Attorney General of the Federation, Lateef Fagbemi, seeking to postpone the election.
The association said only its National Executive Council (NEC) has the constitutional authority to postpone the election. It also maintained that the ECNBA is an independent body established under the NBA Constitution to conduct the poll and insisted that the election would proceed as scheduled.
To strengthen confidence in the election, the NBA invited international and domestic observer missions, including the European Union, the United States Embassy, the British High Commission, Yiaga Africa, the Transition Monitoring Group (TMG) and other election observers to monitor the poll.
According to the association, accredited observers will monitor the electronic voting process from the Central Election Control Room in Abuja.
The NBA said the observers’ presence would promote transparency, reinforce confidence in the credibility of the election and provide an independent assessment of the electoral process.
