Court fails to stop swearing in of Mahmoud as NBA president

(Nigeria) Efforts by the leading candidate in the just concluded Nigerian Bar Association, NBA, elections, Chief Joe-Kyari Gadzama, SAN, to stop the swearing in of the purported winner of the election, Mr. A.B. Mahmoud,  SAN, at the on-going Annual General Conference in Port Harcourt, Rivers State,  has suffered a temporary setback as an Abuja High Court was unable to hear the motion as all necessary parties  to the suit  were not served the  with the processes and motion on notice filed by Gadzama.

Lead counsel to Gadzama,  who is the plaintiff in the matter Chief  Nnaemeka Ngige, SAN,  announced his appearance and informed the court that all the respondents in the matter had been served with the processes including the motion on notice  except the 13th defendant which is Grace  Infotech Nigeria limited,  owners of LawPavilion which   locked its  Abuja office and therefore made it impossible to be served with the originating processes in the suit.

Mr. Paul Erokoro, SAN, announced his appearance for the 15th  respondent in the matter, Mr. Mahmoud, and stated that he was just briefed on the matter yesterday night on the telephone  by his client who he has not seen because the client  is attending the Annual General Conference of the NBA in Port Harcourt.

Erokoro said: “There is absolutely no way the motion  can  be heard  because  the 13th defendant is fundamental to the motion.”

After much argument among the counsel to both parties, counsel to the plaintiff requested the court stood the matter down to allow counsel conclude the process of filing an ex-parte motion for substituted service on the 13th defendant and allow counsel to harmonise their  positions on how to continue with the matter.

At resumed sitting, counsel to the plaintiff moved the motion for substituted service on the 13th defendant, the motion was supported by 14 paragraph Affidavit.

The motion was granted and the matter adjourned to September 8, to assess the parties' positions and go into the substance of the case.

Counsel to the plaintiff, urged Mr. Erokoro to give an undertaking that the 15th defendant will not be sworn in tomorrow so that it does not destroy the res. Mr. Erokoro  while refusing to give the  undertaking on the part of the defendants  that the 15th defendant would not be sworn in,  accepted that the principles of lis pendens should apply,  so  the fact of swearing in was not material as the 15th defendant would relinquish the position if court subsequently finds that he was wrongly or improperly elected.   .

The plaintiff was represented by Chief Nigige, SAN, Chief Bolaji Ayorinde, SAN, Chief Pius Akubo, SAN, Sebastin Hon, SAN and a host of  other lawyers.

The 15th Defendant was represented by Chief Paul Erokoro, SAN, S. I. Ameh, SAN and many other lawyers.