… says purported suspension unconstitutional, null, void and of no effect whatsoever and gross violation of Section 36 of the Constitution of the Federal Republic of Nigeria
By Chibuike Nwabuko
Abuja (Sundiata Post) – The suspended General Secretary of the Nigerian Bar Association, (NBA), Mrs. Joyce Oduah has dragged the National Officers of the NBA to court over her alleged unlawful suspension.
Oduah said the action of these national officers is not only unconstitutional, null, void and of no effect whatsoever but also a gross violation of Section 36 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), Sections 239, 242 and 288 of the Companies and Allied Matters Act, 2020 and the Constitution of the Nigerian Bar Association, 2015 (as amended) in 2021.”
Oduah in an originating summons filed by her Counsel, Murtala Abdul-Rasheed, SAN, on Tuesday 16 August, 2022 has the following as defendants:
The Incorporated Trustees Of The Nigerian Bar Association, 1st Defendant, Mr. Olumide Akpata, 2nd Defendant, Mr. John Aikpokpo-Martins, 3rd Defendant, Debo Adeyemo Kazeem, 4th Defendant, Ombo Victor Frank-Briggs, 5th Defendant, Uchenna Nwadialo, 6th Defendant, Mercy Ijato Agada, 7th Defendant, Raphael Nnamdi Anagor, 8th Defendant, Olukunle Edun, 9th Defendant, Rapuluchukwu Nduka, 10th Defendant, Ferdinand Naza, 11th Defendant, and the Inspector General Of Police (IGP) 12th Defendant
Mrs. Oduah in the Originating summons which has requested the Defendants to cause an appearance to be entered for them within Seven days after the service of the Summons on them, inclusive of the day of such service, maintains that her “purported suspension as the General Secretary of the Nigerian Bar Association (NBA) pursuant to the unlawful Resolution of the emergency meeting of the National Executive committee of the NBA held on the 15th day of August 2022 is unconstitutional, null, void and of no effect whatsoever for being a gross violation of Section 36 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), Sections 239, 242 and 288 of the Companies and Allied Matters Act, 2020 and the Constitution of the Nigerian Bar Association, 2015 (as amended) in 2021.”
Below are questions she wants to be determined in the suit.
Whether or not having regards to the provisions of Sections 36 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), Sections 11(9), 20 and 21 of the Constitution of the Nigerian Bar Association, 2015 (as amended in 2021) and Sections 239, 242 and 288 of the Companies and Allied Matters Act, 2020, the 3rd – 11th Defendants have the vires to suspend the Plaintiff from the office of the General Secretary of the Nigerian Bar Association, (the 1st Defendant herein).
Whether or not having regards to the provisions of Sections 36 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), Sections 11(9), 20 and 21 of the Constitution of the Nigerian Bar Association 2015 (as amended in 2021 and Sections 239, 242 and 288 of the Companies and Allied Matters Act, 2020 the purported resolution of the emergency meeting of the National Executive Committee of the Nigerian Bar Association held on the 15th day of August, 2022, is null, void, illegal and unconstitutional.
Whether or not having regards to the provisions of Sections 36 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), Sections 11(9), 20 and 21 of the Constitution of the Nigerian Bar Association 2015 (as amended in 2021 and Sections 239, 242 and 288 of the Companies and Allied Matters Act, 2020 the notice of the meeting of the National Executive Committee of the Nigerian Bar Association held on the 15th day of August, 2022 which did not contain the suspension of the Plaintiff as one of its agenda is null and void ab initio and a breach of the Plaintiff’s right to fair hearing.
Whether having regards to Sections 36 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), Sections 11(9), 20 and 21 of the Constitution of the Nigerian Bar Association 2015 (as amended in 2021), as well as Sections 239, 242 and 288 of the Companies and Allied Matters Act 2020 the procedure adopted by the National Executive Committee in the purported suspension of the Plaintiff is not unlawful and a breach of the Plaintiff’s right to fair hearing;
Whether having regards to Sections 36 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), Sections 11(9), 20 and 21 of the Constitution of the Nigerian Bar Association 2015 (as amended in 2021), as well as Sections 239, 242 and 288 of the Companies and Allied Matters Act 2020), the decision by the NBA-NEC to suspend the Plaintiff was not unjust and done in utmost bad faith.
Upon the Honourable Court’s determination of the questions above in the affirmative, the Plaintiff shall seek the following orders/reliefs:
A Declaration of this Honourable Court that by Sections 36 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), Sections 11(9), 20 and 21 of the Constitution of the Nigerian Bar Association, 2015 (as amended in 2021), as well as Sections 239, 242 and 288 of the Companies and Allied Matters Act 2020), the 2nd – 11th Defendants lack the requisite powers to suspend the Plaintiff from acting in the capacity of the General Secretary of the Nigerian Bar Association (NBA).
A Declaration of this Honourable Court that the 2nd – 11th Defendants acted unconstitutionally and in contravention with the laws when they held an unconstitutional Emergency National Executive Committee (NEC) meeting on the 15th day of August 2022, wherein an agenda for the suspension of the Plaintiff from acting in the capacity of the General Secretary of the Nigerian Bar Association (NBA) was not disclosed.
A Declaration of this Honourable Court that the emergency meeting of the National Executive Committee (NEC) of the Nigerian Bar Association (NBA) held on the 15th day of August 2022, wherein the resolution to suspend the Plaintiff was reached was improperly convened and thereby rendered the purported suspension unconstitutional, illegal, null, void and of no effect whatsoever.
A Declaration of this Honourable Court that the suspension of the Plaintiff from acting in the capacity of the General Secretary of the Nigerian Bar Association without affording the Plaintiff an opportunity to defend herself is a breach on the Plaintiff’s fundamental right to fair hearing.
An Order of this Honourable Court revoking the suspension of the Plaintiff by the 3rd – 11th Defendants, acting in concert with the 2nd Defendant, from acting in her capacity as the General Secretary of the 1st Defendant.
An Order of this Honourable Court directing the 1st Defendant to reinstate the Plaintiff as the substantive General Secretary of the Nigerian Bar Association.
And For Such Further Relief(S)as this Honourable Court may found the Claimants to be entitled to in the circumstances of this case.
