NBA Crisis: General Secretary Drags National Officers to Court Over Suspension

The recently suspended General Secretary of the Nigerian Bar Association, Joyce Oduah has dragged the National Executive committee of the NBA to Court challenging her suspension from office by the officers at an emergency meeting.

In an Originating Summons in suit No FHC\ABJ\CS\1426/2022, filed by her Counsel, Murtala Abdul-Rasheed, SAN, Oduah is challenging her suspension from office after an emergency meeting held by the National Executive Committee on Monday, 15th of August, 2022.

Joined in the suit as defendants, are The Incorporated Trustees of the Nigerian Bar Association and the Inspector General of Police both sued as the 1st and 12th Defendants respectively.

Also filed by Oduah is a motion exparte seeking to restrain the Defendants from taking an action based on  the said resolution suspending her.

She is requesting the court to determine five issues, 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.

It will be recalled that the NBA National Executives had on the 15 of August, 2022 convened an emergency meeting wherein a resolution was passed by the Excos suspending the General Secretary.

This was after a controversy which ensued between the General Secretary and the President on the issuing of statutory notices in respect to the proposed amendment to the constitution of the Association in the forthcoming Annual General Meeting.