The General Secretary of the Nigerian Bar Association, (NBA), Mrs. Joyce Oduah has dragged the National Executive Committee of the association to the Federal High Court in Abuja over her suspension from office.
The defendants in the suit are: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 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.”
She sought a declaration of the 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).
She also sought declaration of the 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.
She further sought a declaration of the 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.
She sought a declaration of the 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.
She prays for an order revoking her suspension 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.
She also prays for an order directing the 1st defendant to reinstate her as the substantive General Secretary of the Nigerian Bar Association.