Stamp And Seal: Court Rules It Has No Jurisdiction Over The Internal Affairs Of The NBA


The Federal High Court in Ebonyi State on Thursday, 14th June, 2018 struck out the case on stamp and seal brought against Nigerian Bar Association by an Abakaliki, based lawyer, Mr. Stephen Nwankwo popularly known and called Steve Sun.In the case with Suit NO: FHC/CS/31/2017 the plaintiff asked the court to determine certain issues bothering on stamp and seal cum payment of practicing fees.In delivering the judgment, the court held that the matter lacked merit because it was premature, unmaintanable lacked merit and therefore it struck the matter out.Before the court was considered the Corporate Majority Rule in the famous case of Foss v Harbottle, wherein the court concluded that the said rule does not apply in the case. Also, resolving the issue of serving an Originating motion without leave of court in favour of the Plaintiff, the court stated that it does not have Jurisdiction over the internal affairs of the NBA.Counsel to the NBA, Mr. Ikeazor Akaraiwe had argued that the plaintiff ought to have resorted to ADR and compiled with a provision in the NBA Constitution which is S. 16. This the plaintiff failed to proof which the court held. The Court therefore dismissed the suit against the plaintiff for lack of merit.However in a conversation with Mr. Stephen, the learned counsel informed TheNigerialawyer (TNL) that he will re-file the matter despite losing to the NBA in the suit.