By Martins Odeh
ABUJA – The Awka Development Union, Abuja branch has expressed displeasure over acclaimed delay by Nigerian Bar Association (NBA) to treat a criminal petition it filed against an Abuja-based Legal Practitioner, Taiye Ahmed.
Chief Chris Ndibe, President of the union expressed the displeasure while speaking with News Agency of Nigeria (NAN) on Sunday in Abuja.
NAN reports that the union’s petition against submitted to NBA in 2017 is titled: “Petition against Taiye Ahmed for Forgery and Criminal Unauthorised Procurement of Alteration of Records of Awka Development Union, Abuja at the Corporate Affairs Commission, Abuja’’.
The petition was accompanied with three witnesses’ affidavit of facts sworn to by Ndibe, Ndubisi Igwebuike and Ejike Nweze at the FCT High Court.
The group had averred that Ahmed was a legal practitioner who practiced in the law firm that belonged to Mr Emeka Onyeaka, former president of the union.
It claimed that the group had membership strength of over 250 persons with a mandate to stimulate the development of Awka in Anambra State and ensure the wellbeing of the members.
The union alleged that the respondent (Ahmed) with the instruction of an unknown person or persons took steps to criminally alter the board of trustees of the association at the Corporate Affairs Commission (CAC) in Abuja.
According to the union, the action is in violation of sections 597 2(b) and 599 of CAMA which required publication of notice of an intended alteration at the premises of the incorporated body for 28 days.
The petitioner alleged that the entire procedure allegedly activated by Ahmed was shrouded in fraud and secrecy with high power conspiracy at all ends.
The petitioners further alleged that the acclaimed minutes of the association that contained the resolution for the change of trustees were held between Feb.2, 2017 and March 9, 2017 while the two newspaper publication were made Feb.22, 2017.
“That in effect means that the publications were already made before the acclaimed resolution of the association.
“A careful look at the certified-true-copy from CAC of the purported minutes of the union for the resolution of the general meeting held March 9, 2017 shows that that purported minutes was that of a Church and not the Awka Development Union’’, the petitioners alleged.
“The purported issuance of the certificate of change of trustees on March 10, 2017 was in clear violation of section 597 2(b) and 399 of CAMA as it was done 15 days from the date of newspaper publication meant to notify the public for the change and allowing 28 days for any objection’’, the petitioners alleged.
They also said that the second minutes incorporating the purported resolution of the general meeting of the union fraudulently authorizing the change was held March 9, 2017 while the certificate for the change was signed and issued on March 10, 2017 which was a day after the resolution.
NAN reports that the union had on the strength of its evidence instituted a suit against CAC that bore suit no: FHC/ABJ/CS/1048/2018.
Having seen the merit of the suit, the CAC management agreed to settle out of court as the agreement among the two parties were entered on Feb.25, 2019 as consent judgment by Justice F.O.G. Ogunbanjo.
Delivering the judgment, Ogunnajo declared that the purported reconstitution of the plaintiff’s trustees and approved by defendant (CAC) without adherence to the due process of law was illegal, unlawful and void.
The judge also made an order nullifying the certificate of re-construction of the plaintiff’s trustees issued by the defendant on March 10, 2017.
“Parties having amicably settled this matter out of court and signed the terms of settlement together with their counsel, I hereby enter the said terms of settlement as consent judgment of this court’’, the judge held.
NAN reports that Mr Atojoko Sadiq had appeared for the plaintiff and Dr Femi Ogunlade was counsel for the defendant in the matter respectively.
Despite the reversal of the anomaly by the CAC, the union is insisting that the NBA investigates the alleged fraud with the view to apportioning sanctions.
The president of the union, while speaking with NAN, however, expressed dissatisfaction in the snail-like approach the NBA was handling the petition, adding that it was possible the matter had been swept under the carpet.
Ndibe, therefore, said the body could be forced to formally approach the police with the report of fraud and forgery if NBA failed to without delay open hearing in the matter.
The Legal Services Department of the NBA on Feb. 18, while responding to NAN’s earlier mail for clarification of some facts of the matter, denied any plots to cover up the matter.
“Please be informed that the said petition has been forwarded to a disciplinary panel for necessary action and parties will be contacted when a hearing is scheduled’’, NBA said.
Albeit, Ahmed in her reply to the petition addressed to the General Secretary of NBA, Mr Isiaka Olagunju dated Dec.15, 2017 denied any wrongdoing.
“My first reaction is to deny all the allegations as being tissues of lies, fabrications and attempt to discredit me unjustly.
“The truth is that I was duly appointed and briefed by the Executive of Awka Development Union, Abuja in August 2016 to carry out an assignment for them, viz alteration and change of their trustees and constitution at the Corporate Affairs Commission.
“I proceeded to carry out this assignment by giving them the bills involved and monies were released to me, together with the necessary document for filling.
“The processes leading to the alteration and filing of the forms and documents were duly followed and complied with and no single document was forged.
“When I completed the assignment, I handed over the new certificate to the Executive members of Awka Development Union, Abuja that gave me the authorization from the onset’’, she said.
Ahmed further said: “I also know as a fact that this petition is vexatious, malicious, unmeritorious and made in utmost malafide’’. (NAN)
