Afam Osigwe vs. NBA: NBA Files Preliminary Objection against Suit


Hearing of the Motion on Notice for injunction in the suit filed by Mazi Afam osigwe challenging his disqualification as one of the Presidential aspirants in the forthcoming Nigerian Bar Association (NBA) national election suffered a setback today  as the Defendants filed two preliminary objections challenging the jurisdiction of the High Court of Anambra State Sitting in Nnewi to hear and determine the suit.

The preliminary objections which were brought to the attention of the Honourable Court in court today by the Defence counsel Chief Ikpeazu SAN stalled the hearing of the Motion on Notice for injunction which was slated for hearing today.

The court also rejected the prayer by Plaintiff’s counsel’s Mr. Emeka Etiaba SAN, for an  interim order to preserve the res by stopping the election until the determination of the motions. In its considered ruling on the prayer by the Plaintiff’s counsel, the Court held that in view of the fact that the Plaintiff has a prayer nullifying the entire election, it would be unnecessary to grant an interim order as the court can nullify the entire process should the plaintiff’s claim succeeds

The matter was subsequently adjourned to Monday, 30th July, 2018 for hearing of all pending applications

Mazi Afam Osigwe had filed a motion ex parte seeking an order restraining the conduct of the election. The court had directed that the Defendants; the Incorporated Trustees of the NBA, Mr. Abubakar Balarabe Mahmoud SAN, President of the NBA;  Prof. Auwal Yadudu chairman of the ECNBA, Pascal C. Ugwuanyi, Chairman of NBA Nnewi Branch should be put on notice and adjourned to today.

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