In a significant judicial pronouncement, the High Court has affirmed that Tobenna Erojikwe, a candidate in the recent Nigerian Bar Association (NBA) elections, is entitled to access documents and data used during the electoral process.
Delivering judgment, Honourable Justice C. O. Agashieze held that the responsibility of the Electoral Committee of the Nigerian Bar Association (ECNBA) to provide electoral materials is not contingent upon the presence or absence of irregularities in the election.
“From what I can see, the responsibility is not tied to whether there was any irregularity in an election or not. It is a responsibility that the ECNBA owes to ‘interested parties’ which definitely includes a member of the association who took part in an election conducted by the association,” the court ruled.
The court emphasized that Erojikwe, having contested the election, qualifies as an “interested party” and is therefore justified in seeking access to the documents, databases, and other materials used in the conduct of the election.
“From the affidavit evidence in support of the Originating Summons, it is very obvious that the Claimant herein is justifiably an interested party… He is a person to whom information, documents and databases used in the election should be provided for, if he so demands it,” Justice Agashieze added.
The ruling also noted the need to interpret the NBA Constitution holistically, stating: “Like every other constitution, the constitutional provisions of the 1st Defendant is not to be read in isolation. It has to be read and interpreted within the context of the entire Constitution.”
The decision is being viewed by many within the legal community as a reaffirmation of transparency and accountability in the NBA’s internal electoral processes.
