Reported by: Oahimire Omone Precious | Edited by: Oravbiere Osayomore Promise.
The Nigerian Bar Association (NBA) has firmly rejected what it described as an unconstitutional directive attributed to the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), insisting that the association is an independent body not subject to the control of any arm of government and that its 2026 National Officers' Election will proceed as scheduled. In a strongly worded press release issued on Tuesday, 7 July 2026, the NBA President, Mazi Afam Osigwe (SAN), declared that only the association's National Executive Council (NEC) has the constitutional authority to direct the postponement of the election, dismissing the purported report and comments allegedly emanating from the AGF's office as unconstitutional, ultra vires, and an attempt to bring the NBA under government control.
The controversy stems from a document that allegedly contains a report from a sub-committee and comments from the Attorney General, which purportedly ordered the disbandment of the Electoral Committee of the Nigerian Bar Association (ECNBA), the postponement of the election, the appointment of a new election service provider, the establishment of a caretaker committee, the incorporation of National Identification Number (NIN) verification into the voting process, and amendments to the NBA Constitution to end universal suffrage. The NBA, however, maintained that the Attorney General lacks the constitutional and statutory powers to interfere in the internal affairs of the association or halt its democratic processes. "The Nigerian Bar Association is an independent body not subject to the control and directive of the office of the Honourable Attorney General of the Federation or any other arm of government," the statement read.
The association argued that under Section 10(2) of the Legal Practitioners Act, no circumstances exist that would permit the Attorney General to intervene in its affairs in the manner suggested. The NBA also questioned the authenticity of the purported report, noting that it was not issued on the official letterhead of the Attorney General's office and that the association had not received any formal communication from the office. According to the NBA, the meeting convened by the Attorney General on 11 June 2026, was intended solely to facilitate an amicable resolution of legal disputes arising from the Egbe Amofin cases pending before the High Court of Oyo State and the subsequent appeal. The NBA clarified that the sub-committee established at the meeting was mandated only to liaise with the parties involved to facilitate the withdrawal of the suits and was never authorised to investigate or make findings against the NBA President or recommend changes to the association's electoral process.
The NBA also criticised the composition of the sub-committee, alleging bias on the part of its chairman, Chief Wole Olanipekun (SAN), whom it said had publicly aligned with one side of the dispute. The association pointed out that Olanipekun is the proponent of the cases filed by Egbe Amofin and could not chair a committee considering resolutions to those cases due to his partisan role. The NBA further alleged that the sub-committee exceeded its mandate by making far-reaching condemnations against the NBA President without affording him the opportunity to respond, violating the constitutional safeguard of fair hearing. The association also noted that the purported report was not shared with any of the attendees of the 11 June meeting, and that no meeting of the full body was convened to consider it before the alleged directives were issued.
The ongoing legal battles have thrown the NBA's electoral process into uncertainty. On 24 February 2026, Justice Y.S. Adekunle of the Oyo State High Court granted an interim injunction in Suit No. I/205/2026 filed by the Incorporated Trustees of Egbe Amofin O'odua, restraining the NBA from recognising or processing nominations outside the Yoruba lawyers' consensus candidate arrangement for the presidency. On 5 March 2026, Justice G.A. Opayinka of the same court granted another interim order in Suit No. I/221/2026, halting all steps toward the conduct of the NBA's 2026 National Officers' Election and restraining the NBA President and members of the ECNBA from taking any action in furtherance of the election. Despite these court orders, the ECNBA has set 20 July 2026 as the election date.
The NBA also addressed the proposal to incorporate the National Identification Number into the voting process, disclosing that it had previously conducted a risk assessment and concluded that modifying the existing electronic voting platform at this stage could disrupt the election due to potential limitations in the National Identity Management Commission's authentication system. The association also defended its current election technology provider against suggestions that the contract should be terminated because the firm is a sole proprietorship, describing such a position as discriminatory and inconsistent with legal practice, where many law firms also operate as sole proprietorships.
Reaffirming its commitment to due process and constitutional governance, the NBA stressed that its electoral process would continue under the supervision of the ECNBA and that any decision affecting the election could only be taken through its constitutionally recognised organs. "The Nigerian Bar Association is a body that has clear decision-making organs and can only subject itself to its constitutional mechanisms. The office of the Honourable Attorney General of the Federation is not one of them," the statement added. As the 20 July election date approaches, the NBA has made it clear that no arm of government has the authority to suspend or alter its constitutional processes, and that the election will proceed as scheduled.
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