Suspended NBA General Secretary, Sues All National Officers To Court

Mary Akanbi

16th August, 2022

.                      Joyce Oduah

 

The suspended General Secretary of the Nigerian Bar Association, Joyce Oduah has sued the Association, its entire National Executives and the Inspector General of Police.

The National Executive Committee of the Nigerian Bar Association had earlier released a statement announcing the suspension of the National Secretary, Joyce Oduah.

According to sources, she intends to contest for the office of President of the NBA come 2024, hence her opposition to the amendment of the constitution.

In the suit filed by her Counsel, Murtala Abdul-Rasheed, SAN, Joyce Oduah is challenging her suspension from office after an emergency meeting held by the National Executive Committee on Monday, 15th of August, 2022.

.                      Joyce Oduah

In the Originating summons sighted by TheNigeriaLawyer, she claims that her purported suspension as the General Secretary of the Nigerian Bar Association (NBA) pursuant to the 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 the 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

Five issues for determination, to wit:

1. 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).

2. 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.

3. 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.

4. 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;

5. 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.

This latest twist in the ensuing crisis rocking the NBA National body comes 3days ahead of the start of the NBA Annual General Conference slated to hold in Lagos from August 19th to 26th, 2022.