The suspended General Secretary of the Nigeria Bar Association (NBA), Mrs Joyce Oduah has asked the National Executive Council (NEC) members to refrain from discussing her suspension in the scheduled NEC meeting slated to hold today in Lagos.
Mrs Oduah, through her counsel, Murtala Abdul-Rasheed (SAN) of Murtala Abdul -Rasheed, SAN & Co. (Murray Chambers) also urged that all steps be taken by the NEC to ensure the pending litigation and proceedings of the Honourable Court are respected.
She also asked that all parties to the pending litigation respect the rule of law and desist from taking any steps, action(s), move motion(s) and/or pass a resolution(s) and/or not doing anything capable of jeopardizing and/or disrespecting the pending proceedings before the Honourable Court; and that the subject matter of the pending litigation, which is now caught by the doctrine of les pendens, is not discussed, put to vote, motion(s), resolution(s) and/or decided upon by the NEC;
In the letter dated 18th August 2022, obtained by Eighteen-Eleven Media at the weekend and addressed to NEC members, Mrs Oduah said while performing the constitutional functions of her office and preparing for the meeting of the said NEC meeting, the Annual General Meeting, scheduled to hold on 25 August 2022 and the General Conference of the NBA which commences on 19 August 2022, she received notice of a purported resolution passed by the members of the NEC of the NBA under the supervision and manipulation of Mr Olumide Akpata, the 31st President of the NBA
“The purported resolution is to the effect that our client was suspended from her office by the National Executive Committee of the NBA acting as the National Executive Council;(NBA-NEC).
It is beyond cavil that the suspension of a member of the Executive Committee of the NBA is not contemplated by the Constitution of the NBA, 2015 (as amended in 2021).
“The members of the Executive Committee have no vires to discipline or suspend our client from office as they purport to do in their misguided resolution.
“The purported suspension of our client was illegally carried out at a so-called emergency meeting of the National Executive Committee that was held on 15th August 2022 by 8 am, where, contrary to the Constitution of the NBA. More particularly, the subject matter of the suspension of our client was not contained in the agenda of the purported emergency meeting; our client was neither served with a notice containing the allegations against her nor afforded the opportunity to put forward a defence.
“The National Executive Committee of the NBA has no such powers to suspend our client as it purports to unlawful do in this instant; the members of the National Executive Committee who purport to suspend our client are her accusers and judge at the same time. Our client was not granted a fair hearing in the proceedings leading to her purported suspension.
“In the light of the above, our client had no choice but to act in consonance with civilised norms and commence an action before the Federal High Court in Suit No: FHC/ABJ/CS/1426/2022 Between Mrs Joyce Oduah v. The Incorporated Trustees of the Nigerian Bar Association & 11 Ors.
This suit came up for hearing on 18.08.2022 before the Federal High Court, Abuja Judicial Division, Coram: Hon. Justice A. R. Mohammed, for hearing of our client’s Ex-Parte application.
“At the proceeding, the Incorporated Trustees of the Nigerian Bar Association was represented by Mr Solomon Umoh, SAN, while Mr Olumide Akpata, the President of the NBA, was in Court in person and represented by Mr Godwin Omoaka, SAN. The Defendants, therefore, are aware of the pendency of the action.”
Eighteen-Eleven Media reports that the move by Mrs Oduah may not be unconnected with the rumour that her suspension may be ratified by the Council of the NBA.