The NBA’s embattled General Secretary, Madam Joyce Oduah, has taken the NBA’s National Executive Committee to court to contest the officers’ decision to suspend at a Monday emergency meeting.
Madam Oduah is contesting her removal from office during an emergency meeting of the National Executive Committee on Monday, August 15, 2022, in the application marked FHC/ABJ/CS/1426/2022 that was filed by her attorney, Murtala Abdul-Rasheed, SAN.
She is asking the court to rule on the following five issues:
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.
