Nimi Walson-Jack: Court Dismisses Lawsuit Against the NBA by its Former General Secretary for Revoking his Privileges
The Federal Capital Territory High Court has dismissed a lawsuit brought against the Nigerian Bar Association (NBA) by former General Secretary of the Association, Hon Nimi Walson-Jack over the loss of his privileges as a former General Secretary of the Association.
The Suit, with reference number FCT/HC/CV/2534/2023, was centered on Walson-Jack’s challenge to the NBA’s decision to revoke his attendance privileges at the association’s National Executive Council (NEC) meetings. The court’s ruling upheld the NBA’s authority to manage its internal affairs and govern membership privileges according to its constitution.
The court addressed a preliminary objection raised by the NBA, emphasizing the need for a thorough examination of facts and pleadings before adjudicating on the merits of the case. In assessing the substantive suit, the court highlighted that in declaratory relief cases, the claimant bears the burden of proof and cannot rely solely on the defendant’s weaknesses. Importantly, the court noted that Walson-Jack failed to provide evidence of his legal qualification and tenure as NBA General Secretary, raising doubts about his standing to bring the suit.
Delving into the crux of the matter, the court affirmed that while association membership is voluntary, individuals are bound by the association’s rules once they opt-in. Judicial intervention in internal association matters is warranted only in cases of constitutional breaches by the association. In this instance, the court ruled that the NBA had conferred the privilege of attending NEC meetings upon Walson-Jack but also had the authority to revoke that privilege due to his association with a rival organization, which conflicted with his allegiance to the NBA.
The NBA National Executive Council, NEC, had in a meeting of Dec 15, 2022, suspended Mr. Nimi Walson-Jack as a member of the NBA National Executive Council (NBA-NEC) also stripped him of all privileges accruing to him as a past General Secretary for promoting a parallel association, Law Society of Nigeria (LSN).
