Crisis Deepens As NBA-SPIDEL Disputes Dissolution By NBA NEC, Alleges Breach Of Due Process
The crisis between the Nigerian Bar Association (NBA) and its Section on Public Interest and Development Law (SPIDEL) has taken an acrimonious turn, with SPIDEL alleging grave violations of due process and natural justice by the NBA leadership.
At an emergency virtual meeting on March 1st, the SPIDEL Executive Committee passed resolutions strongly objecting to its reported dissolution by the NBA National Executive Council (NEC) at its recent quarterly meeting in Jos.
The SPIDEL resolutions claimed the dissolution decision breached a subsisting court order directing the NBA to appear on March 4th regarding an injunction application filed against it by SPIDEL. It also alleged the decision violated the principle of lis pendens by undermining the court’s dignity while the matter is sub-judice.
“Basic principles of natural justice were predictably breached in the process of ‘trial’ of NBA-SPIDEL Executive Committee at the NBA NEC meeting in Jos,” the resolutions read. It expressed concern that such disregard of fair hearing could occur in an association whose motto is “Promoting the rule of law.”
Central to SPIDEL’s grievances was the failure of the NEC to address its requests for dispute resolution over the misunderstanding with the NBA President and for the President to recuse himself from deliberations.
“As the complainant, the NBA President ought not to have acted as the accuser, prosecutor and trial judge at NEC by presiding over a matter of which he was the complainant,” the resolutions stated.
SPIDEL commended the NBA General Secretary, Adesina Adegbite, for informing the NEC about pending court cases and insisting the matter was sub-judice. It sympathized with him for the “humiliation” he suffered from the President due to his stance on due process.
The embattled section thanked its members, human rights activists like Femi Falana SAN, Ebun-Olu Adegboruwa SAN, Prof. Chidi Odinkalu and Inibehe Effiong for showing solidarity. This restated the unanimous vote of confidence passed on the Executive Committee at a recent SPIDEL Extraordinary General Meeting.
SPIDEL vowed to push for amendments to the NBA Constitution to prevent such “manifest irregularities and recourse to self-help” by the leadership. It vehemently disagreed with its dissolution and the NEC directive to withdraw public interest lawsuits filed by some members.
