The Federal High Court, No. 2 Kaduna Division, has dismissed the
Fundamental Human Rights enforcement suit filed by Dr. Kajit J.
Bagu, Esq., for not complying with Section 16 of the NBA
Constitution as amended.
Honorable Justice Mallong P. Hoommuk, on Monday, the 16th day of
December, 2019 dismissed the suit with Suit No: FHC/KD/CS/34/2017
between Dr. Kajit J. Bagu, Esq., and The Incorporated Trustees of
the Nigerian Bar Association & 2 Ors, for not exploring the
internal dispute resolution mechanism provided for in the
constitution before any aggrieved member can have resort to the
Court.
TheNigerialawyer (TNL), recalls that Dr. Kajit
J. Bagu, Esq., had filed an application which he brought pursuant
to Order 2 Rules 1-5 of the Fundamental Rights (Enforcement
Procedure) Rules 2009, Section X (2) of the African Charter on
Human and Peoples Right (Ratification and Domestication) Act Cap.
A9 LFN 2004, and Section 40 of the 1999 Constitution of the Federal
Republic of Nigeria, seeking for the enforcement of his fundamental
right to freedom of association. The action was brought against the
Incorporated Trustees of the NBA, the Attorney General of the
Federation and the National Assembly.
The applicant had claimed infringement of his right and damages
in equal proportion against the Respondents in the total sum of
N402, 000,000.00 (four hundred and two million naira), as well as a
cost of N30, 000, 000.00 (thirty million naira).
The Court presided over by Honorable Justice Mallong P. Hoommuk
whilst agreeing with the submission of Sherrif Y. Ndasule, Esq.,
learned Counsel for the 1st Respondent, the NBA, that the Suit was
premature for non-compliance with section 16 of the NBA
Constitution which makes provision for exploring the internal
dispute resolution mechanism provided for therein before any
aggrieved member can have resort to the Court.
The Court, thus, concluded that it lacked the requisite
jurisdiction to entertain the action.
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