NBA’s General Secretary, Oduah Sues Akpata-led Exco over Alleged Unlawful Suspension

NBA’s General Secretary, Oduah Sues Akpata-led Exco over Alleged Unlawful Suspension

Alex Enumah in Abuja

The suspended General Secretary of the Nigerian Bar Association (NBA), Joyce Oduah has instituted legal action against the leadership of the NBA under Mr. Olumide Akpata, over her alleged unlawful suspension.

Oduah was on August 15 suspended by the national executive of NBA over claims of alleged incompetence, disobedience to lawful directives, amongst others.

Dissatisfied with the unanimous decision of the executive, the suspended general secretary on Tuesday approached the Federal High Court, Abuja for an order nullifying the said suspension for being an illegality.

She claimed that the association’s decision to place her on suspension without fair hearing violated the constitution as well as her fundamental human rights.

The suit filed on her behalf by her lawyer, Murtala Abdul-Rasheed, has the NBA, the entire National Executives of the NBA and the Inspector General of Police as defendants.

Oduah in the suit marked FHC\ABJ\CS\1426/2022, argued that her purported suspension as the General Secretary of the NBA pursuant to the Resolution of the emergency meeting of the NBA’s EXCO held on August 15, 2022, was unconstitutional, null, void and of no effect whatsoever for being a gross violation of Section 36 of the Constitution and 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.

Among issues she brought before the court for determination were that:

“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.

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