The Federal High Court in Abuja has instructed the President of the Nigerian Bar Association (NBA) to evaluate the legality of the NBA Section on Public Interest and Development Law (SPIDEL) in a lawsuit accusing Minister Hannatu Musawa of violating the National Youth Service Corps (NYSC) Act.
In the case with reference No. FHC/ABJ/CS/1115/2023, SPIDEL initiated legal action aiming to oust Minister Musawa from office over alleged NYSC Act breaches. During the March 19, 2024 hearing, the court sought clarification on whether SPIDEL, as an unregistered entity, has the legal standing to bring such a lawsuit.
Representing the NBA President, Senior Advocate Olusegun Jolaawo highlighted a written submission made on March 18, 2024, by the incorporated Trustees of the NBA. Jolaawo stressed the seriousness of the matter, contending that SPIDEL’s actions undermine the NBA President’s authority and breach the association’s constitution. He argued that NBA-SPIDEL lacks the capacity to maintain the lawsuit in its current form and requested the court to dismiss the case with costs.
The court’s directive offers the NBA an opportunity to present its perspective, acknowledging the frequent mention of the association in legal proceedings. Preceding this hearing, the NBA had suspended NBA-SPIDEL’s leadership activities, citing allegations of misconduct and rule violations pending an inquiry.
Legal representatives for the NYSC and the Ministry of Justice also presented their written arguments during the session, attended by various counsels representing the involved parties. The plaintiffs’ counsel informed the court about the submission of their written arguments to the defendants regarding the legal capacity of SPIDEL and its ability to initiate legal action, as instructed previously.
Expressing a desire for the NBA President to be informed about the ongoing lawsuit, the court ordered the NBA President to receive the legal documents and respond accordingly, given SPIDEL’s status as a section of the NBA. Additionally, a motion for alternative service on the 2nd defendant was proposed and approved.
The case was adjourned to March 19, 2024, for further proceedings.
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