Abuja – A Federal Capital Territory (FCT) High Court in Abuja on Friday struck out a suit filed by Mr John Unachukwu challenging the Nigerian Bar Association’s (NBA) decision to use internet voting during its election.
The Judge, Justice Olukayode Adeniyi, held that Mr John Unachukwu Austin lacked the locus standi to institute the suit on the ground of inconsistencies in his names.
Adeniyi upheld the submissions of the defence counsel that the plaintiff was not the same person that registered to contest for the post of National Publicity Secretary of NBA.
The court held that the plaintiff, John Unachukwu Austin, could not be the same person as Unachukwu John Austin.
“The names were radically different from one another and one should not be an expert to differentiate the names.
“The person purportedly disqualified by the NBA is not the same person that instituted the suit.’’
Adeniyi held that the documents placed before the court by the plaintiff and the one from the NBA are different.
“It is in no dispute and worst still the plaintiff being a lawyer and editor of a newspaper didn’t depose to an affidavit to show the names to be the same.
“His failure to do this has not shown the court that he was the one disqualified and therefore has no justifiable reason to institute the suit.
“The suit is therefore strike out,’’ the judge ruled.
Adeniyi also advised lawyers to conduct themselves with diligence, decency and nobility at this time when the judiciary was yearning for nobility in the legal profession.
The News Agency of Nigeria reports that Unachukwu had dragged the registered Trustees of the NBA to court to stop the use of internet voting as against e-voting stipulated in the constitution for the Bar election.
The plaintiff, a Lagos-based lawyer and judicial editor of Nation newspaper, also challenged his disqualification from contesting for the post of National Publicity Secretary.
He joined Mr Augustine Alegeh (SAN), NBA President, Mr Ken Mozia (SAN), and Chairman, electoral committee of NBA, Grace Infotech Limited, Chief Joe-Kyari Gadzama (SAN), and Mr Abubakar Mahmoud (SAN) as co-respondents.
Unachukwu’s counsel, Chief Chukwuma Ekomaru (SAN), urged the court to restrain the NBA from conducting the election using Internet voting pending the determination of the suit.
He also averred that the NBA Electoral Committee had scheduled the 2016 general elections for Saturday, July 30, and Sunday, July 31.
The plaintiff also contended that he emerged sole candidate for the office of National Publicity Secretary only to be disqualified by the committee.
He claimed to be an associate of J-K Gadzama Law Firm and was called to bar in 2004, and had since been in the private sector and in private law practice.
Adeniyi upheld the submissions of the defence counsel that the plaintiff was not the same person that registered to contest for the post of National Publicity Secretary of NBA.
The court held that the plaintiff, John Unachukwu Austin, could not be the same person as Unachukwu John Austin.
“The names were radically different from one another and one should not be an expert to differentiate the names.
“The person purportedly disqualified by the NBA is not the same person that instituted the suit.’’
Adeniyi held that the documents placed before the court by the plaintiff and the one from the NBA are different.
“It is in no dispute and worst still the plaintiff being a lawyer and editor of a newspaper didn’t depose to an affidavit to show the names to be the same.
“His failure to do this has not shown the court that he was the one disqualified and therefore has no justifiable reason to institute the suit.
“The suit is therefore strike out,’’ the judge ruled.
Adeniyi also advised lawyers to conduct themselves with diligence, decency and nobility at this time when the judiciary was yearning for nobility in the legal profession.
The News Agency of Nigeria reports that Unachukwu had dragged the registered Trustees of the NBA to court to stop the use of internet voting as against e-voting stipulated in the constitution for the Bar election.
The plaintiff, a Lagos-based lawyer and judicial editor of Nation newspaper, also challenged his disqualification from contesting for the post of National Publicity Secretary.
He joined Mr Augustine Alegeh (SAN), NBA President, Mr Ken Mozia (SAN), and Chairman, electoral committee of NBA, Grace Infotech Limited, Chief Joe-Kyari Gadzama (SAN), and Mr Abubakar Mahmoud (SAN) as co-respondents.
Unachukwu’s counsel, Chief Chukwuma Ekomaru (SAN), urged the court to restrain the NBA from conducting the election using Internet voting pending the determination of the suit.
He also averred that the NBA Electoral Committee had scheduled the 2016 general elections for Saturday, July 30, and Sunday, July 31.
The plaintiff also contended that he emerged sole candidate for the office of National Publicity Secretary only to be disqualified by the committee.
He claimed to be an associate of J-K Gadzama Law Firm and was called to bar in 2004, and had since been in the private sector and in private law practice.
