Home JUDICIARY NBA Leadership Tussle: Recommendation of Fact-Finding Committee Contravene Natural Justice – Dutse...

NBA Leadership Tussle: Recommendation of Fact-Finding Committee Contravene Natural Justice – Dutse Branch

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The Nigerian Bar Association (NBA), Jigawa State Branch has said that its attention has been drawn to an online media publication credited to the Association, that National Executive Committee (NEC) had in its last meeting, held on the 30th September, 2021 accepted the immediate implementation report of the NBA Fact-Finding Committee, which recommended annulment of the election that brought Barrister Garba Abubakar and his Executive Committee into office despite a pending suit.

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In a statement by Barrister Garba Abubakar, Chairman, Nigerian Bar Association, (NBA), Dutse Branch said he is exercising restrain on the propriety of the purported decision of the Fact-Finding Committee and NEC resolutions, which has purportedly becomes an issue of determination before Justice Abubakar Sambo, High Court Number 3, Jigawa State in a suit between Barrister Abubakar Garba and 4 others versus Registered Trustees of NBA and 13 others, including National President of NBA, Olumide Akpata as dependent.

In the statement, Garba Abubakar, explained that the Dutse Branch is praying the following declarations from the court.

” A declaration that a purported dissolution or disbanding of the Electoral Committee of the Dutse Branch of NBA, by Paul Usoro SAN Former President, NBA through D Taidi, Former Secretary Genaral of the NBA, after Electoral Committee has concluded its task, based on a petition that was never served on Electoral Committee to afford them fair hearing is null and void as it violates section 36 of the Federal Republic of Nigeria 1999 as amended and Article 7 of the African Charter on Human Rights Act.”

” Declaration that the decision or declaration made in the letter dated 23 June, 2020 on the election of the claimant by the ELCOM cannot be set aside by Defendants without hearing their claimant by appropriate Authority.

” Declaration that setting aside the election of the claimant, that was conducted on June 23, 2020 without following the due process of law is unfair, null and void no effect and a breach to the law of natural justice of the claimant.

” Declaration that constituting caretaker to run the Dutse Branch of the NBA in the circumstances of this suit by Paul Usoro SAN is illegal and void and violates section 36 of the Constitution of the federal republic of Nigeria 1999 1999 as amended.”

In the statement, Abubakar said Fact finding Committee and NBA President lack power to during pendency of a suit to constitute a committee with a superior power over a regular court under the chairmanship of the first Vice President Aikpokpo – Martins.

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The chairman added that “we are mindful of the fact that there crisis rocking other NBA Branches across Nigeria, such as Abeukota, Abuja, Ijeja, Uyo, Uromi, Auchi, and several other branches, yet the President did not taken such an unfair step” the statement maintained.

According the statement, the Fact-Finding committee had among many other recommendations alleged that Barrister Garba Abubakar, Dutse Branch Chairman of the NBA and his Executive Committee were not constituted through lawful means.

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It therefore recommended that Barrister Nuhu Shehu Tafida be recognized by the President and the National Executive Committee NEC as the duly elected Chairman and Executive Committee of Dutse Branch.

The Committee similarly, recommended that Garba should stop parading himself as Chairman of the Dutse Branch of NBA, failing which the disciplinary action will be taken against him without further recourse to him.

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