NBA presidency: Gadzama loses bid to stop Mahmoud’s inauguration

A High Court of the Federal Capital Territory, Abuja has refused
an ex parte application seeking to stop the president-elect of the
Nigerian Bar Association, Mr. Abubakar Mahmoud (SAN), from being
sworn in.

Mahmoud, who was declared winner of the July 30 and 31, 2016 NBA
election, is scheduled to be sworn in as the 28th President of the
NBA during the ongoing conference of the association in Port
Harcourt.

The ex parte application seeking to stop the swearing-in
ceremony was filed by Chief Joe-Kyari Gadzama (SAN), who contested
the position with Mahmoud.

Mahmoud, who polled 3,055 out of available 5,439 votes, had been
declared winner ahead of Gadzama, who polled 2,384 votes.

Gadzama has, however, rejected the election result on account of
alleged malpractices and headed for court seeking the cancellation
of the result and the conduct of a fresh election.

He also, through his lawyer, Mr. Sebastine Hon (SAN), filed an
ex parte application to stop Mahmoud from being sworn in pending
the determination of the suit.

Also joined as defendants in the suit are the Incorporated
Trustees of the NBA; and the association’s trustees – Alhaji
Abdullahi Ibrahim (SAN), Chief Wole Olanipekun (SAN), Chief
Thompson Okpoko (SAN), Chief (Mrs.) Priscilla Kuye, Alhaji Murtala
Aminu and Chief Anthony Mogboh (SAN).

Also listed as defendants are the Chairman and Secretary of the
NBA Electoral Committee, Mr. Kenneth Mozia (SAN) and Mr. Oluwaseun
Ajoba, respectively; as well as members of the ECNBA – Hajia Safiya
Balarabe, Mrs. Amaka Ezeno and Mrs. Eucharia Pepple.

Others are the ICT partner to the NBA, Grace Infotech Limited
and the outgoing NBA President, Mr. Augustine Alegeh (SAN).

In a 37-paragraph affidavit filed in support of the ex parte
application, Gadzama had alleged malpractices, claiming that as
opposed to the 2,384 votes declared for him, he actually polled
2,963, while Mahmoud, who was declared winner with 3,055, actually
scored 2,465.

Gadzama’s lawyer, Hon, urged Justice  Olukayode Adeniyi to
stop Mahmoud from being sworn in pending the determination of the
suit.

But the judge, in his ruling, turned down the application,
declaring that it lacked merit.

Justice, who observed that the application was filed 17 days
after the result of the election was announced, said he saw no
urgency in the application, especially as the swearing-in ceremony
sought to be stopped would take place this week.

He judge rejected Hon’s argument that the res would be vitiated
if the ex parte application was not granted.

Rather than stop Mahmoud from being sworn in, the court directed
the plaintiff to put the defendants in the suit on notice to allow
them respond.

He granted an order for the plaintiff to serve the court
processes on the defendants, who had yet to be served, by
substituted means.

Justice Adeniyi adjourned till August 25, 2016 (today) to hear
Gadzama’s motion on notice for interlocutory injunction.

Copyright PUNCH. 

The post NBA presidency: Gadzama loses bid to stop Mahmoud’s
inauguration appeared first from online sources and was reposted by the community on Welcome to 9jalegal –
Nigeria’s Leading Legal Information and Services Portal.

A High Court of the Federal Capital Territory, Abuja has refused
an ex parte application seeking to stop the president-elect of the
Nigerian Bar Association, Mr. Abubakar Mahmoud (SAN), from being
sworn in.

Mahmoud, who was declared winner of the July 30 and 31, 2016 NBA
election, is scheduled to be sworn in as the 28th President of the
NBA during the ongoing conference of the association in Port
Harcourt.

The ex parte application seeking to stop the swearing-in
ceremony was filed by Chief Joe-Kyari Gadzama (SAN), who contested
the position with Mahmoud.

Mahmoud, who polled 3,055 out of available 5,439 votes, had been
declared winner ahead of Gadzama, who polled 2,384 votes.

Gadzama has, however, rejected the election result on account of
alleged malpractices and headed for court seeking the cancellation
of the result and the conduct of a fresh election.

He also, through his lawyer, Mr. Sebastine Hon (SAN), filed an
ex parte application to stop Mahmoud from being sworn in pending
the determination of the suit.

Also joined as defendants in the suit are the Incorporated
Trustees of the NBA; and the association’s trustees – Alhaji
Abdullahi Ibrahim (SAN), Chief Wole Olanipekun (SAN), Chief
Thompson Okpoko (SAN), Chief (Mrs.) Priscilla Kuye, Alhaji Murtala
Aminu and Chief Anthony Mogboh (SAN).

Also listed as defendants are the Chairman and Secretary of the
NBA Electoral Committee, Mr. Kenneth Mozia (SAN) and Mr. Oluwaseun
Ajoba, respectively; as well as members of the ECNBA – Hajia Safiya
Balarabe, Mrs. Amaka Ezeno and Mrs. Eucharia Pepple.

Others are the ICT partner to the NBA, Grace Infotech Limited
and the outgoing NBA President, Mr. Augustine Alegeh (SAN).

In a 37-paragraph affidavit filed in support of the ex parte
application, Gadzama had alleged malpractices, claiming that as
opposed to the 2,384 votes declared for him, he actually polled
2,963, while Mahmoud, who was declared winner with 3,055, actually
scored 2,465.

Gadzama’s lawyer, Hon, urged Justice  Olukayode Adeniyi to
stop Mahmoud from being sworn in pending the determination of the
suit.

But the judge, in his ruling, turned down the application,
declaring that it lacked merit.

Justice, who observed that the application was filed 17 days
after the result of the election was announced, said he saw no
urgency in the application, especially as the swearing-in ceremony
sought to be stopped would take place this week.

He judge rejected Hon’s argument that the res would be vitiated
if the ex parte application was not granted.

Rather than stop Mahmoud from being sworn in, the court directed
the plaintiff to put the defendants in the suit on notice to allow
them respond.

He granted an order for the plaintiff to serve the court
processes on the defendants, who had yet to be served, by
substituted means.

Justice Adeniyi adjourned till August 25, 2016 (today) to hear
Gadzama’s motion on notice for interlocutory injunction.

Copyright PUNCH. 

The post NBA presidency: Gadzama loses bid to stop Mahmoud’s
inauguration appeared first from online sources and was reposted by the community on Welcome to 9jalegal –
Nigeria’s Leading Legal Information and Services Portal.