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Nigerian Lawyer Sues NBA Garki Branch Over WhatsApp Removal, Seeks N60 Million in Damages

A seasoned Nigerian lawyer, Blessing Ekpere Ogbu, has filed a lawsuit against the NBA Garki Branch, demanding N60 million in damages after being removed from the branch’s WhatsApp group.

The lawsuit, filed at the Federal Capital Territory High Court in Abuja, raises crucial concerns about digital rights, freedom of expression, and professional communication within legal circles.

The suit, identified as FCT/HC/CV/2024, targets the leadership of the NBA Garki Branch, including Branch Chairman Anthony Bamidele-Ojo, Publicity Secretary Oluwadamilola Victoria Alabi, and the branch itself, known as Liberty Bar. Ogbu’s legal action stems from his outspoken criticisms of the branch leadership, particularly their handling of bye-elections and administrative decisions.

According to court documents, Ogbu’s comments were deleted from the WhatsApp group on October 31, 2024. His removal from the platform followed on November 5, after he questioned the absence of the Branch Chairman during a crucial meeting with the NBA President. Ogbu argues that his expulsion from the WhatsApp group infringes on his rights and hinders his ability to contribute to the professional development of younger lawyers within the branch.

In an affidavit, Ogbu emphasized the vital role WhatsApp plays in fostering communication among legal professionals.

“The WhatsApp group is an essential space where we exchange legal advice, share updates, and engage in meaningful discussions that contribute to the growth of our branch,” Ogbu stated.

He further argued that being removed from the platform has impeded his ability to fulfill his mentoring duties and engage in important branch activities.

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Ogbu’s legal team, led by Hadizah Abubakar of Leaderate Legal, contends that the NBA Garki Branch leadership exceeded its authority by removing him from the WhatsApp group. They are seeking declarations from the court affirming that the leadership has no legal right to delete comments or expel financial members from the platform. Ogbu is demanding N50 million in punitive damages, in addition to N10 million to cover legal costs, with a 10% annual interest on the judgment amount.

At the heart of Ogbu’s case is the argument that his removal violated three key constitutional rights:

  • The right to freedom of thought, conscience, and religion
  • The right to freedom of expression
  • The right to peaceful assembly and association

In a further twist, court filings reveal that the Branch Chairman has demanded a public apology from Ogbu as a precondition for his reinstatement to the WhatsApp group. However, as of the filing, the respondents have yet to submit their defense.

This legal battle highlights the intersection of digital communication and constitutional rights within professional organizations, particularly in the context of social media and professional networking platforms.

The outcome of this case could set an important legal precedent for how professional bodies balance the use of social media with respect for the fundamental rights of their members.

The case, filed on December 23, 2024, is scheduled for its first hearing at the FCT High Court in Abuja. The ruling will likely have significant implications for the legal profession and how professional associations manage their digital platforms in the future.

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