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CHIEF GANI FAWEHINMI V. NIGERIAN BAR ASSOCIATION & ORS (NO.2)

(1989) JELR 42926 (SC)

Supreme Court  •  SC.229/1986  •  14 Apr 1989  •  Nigeria

Coram
ANDREWS OTUTU OBASEKI JSC ABDUL GANIYU OLATUNJI AGBAJE JSC ADOLPHUS GODWIN KARIBI-WHYTE JSC SAIDU KAWU JSC CHUKWUDIFU AKUNNE OPUTA JSC

Appearances
Chief Gani Fawehinmi in person For the Appellant; Chief F. R. A. Williams S.A.N (with him, B.A. Aluko, B. Ogundipe, Mrs. O.K. Johnson and Mrs. N.O. Senbanjo) for the 1st and 3rd Respondents; Kehinde Sofola, S.A.N. (with him, Dr. O. Sofola and Miss P. Nnaemeka-Agu) for the 2nd and 4th Respondents; M.O. Adio, Director of Civil Litigation, Federal Ministry of Justice for the 5th Respondent.

Judgement

AGBAJE, JSC (Delivering The Leading Judgment): The plaintiff, Chief Gani Fawehinmi, commenced this action against the Nigerian Bar Association and the General Council of the Bar as Defendants by an originating summons. In it the plaintiff claimed the following reliefs:

"(1) A DECLARATION that the decision of the Nigerian Bar Association taken at its National Executive Meeting in Jos in April, 1984 and ratified at an Emergency General Meeting on the 5th May, 1984 in Lagos that its members must not appear before the Special Military Tribunals established under Decree No. 3 of 1984, Recovery of Public Property (Special Military Tribunals) Decree 1984 is unconstitutional, illegal, null and void and of no effect whatsoever.

(2) A DECLARATION that the decision of the Nigerian Bar Association taken at the meeting of its National Executive Committee held in Lagos on the 2nd and 3rd November, 1984 on the issue of members (of the Nigerian Bar Association) appearing before the Special Military T…

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