The suspended Nigerian Bar Association (NBA) General Secretary, Joyce Oduah has urged the Federal High Court to reverse her suspension by the NBA National Executive Committee (NBA-NEC) and order the defendants “to maintain status quo ante bellum pending the determination of the Motion on Notice seeking interlocutory orders of injunction.”
CITY LAWYER had in exclusive reports noted the suspension of Oduah by a unanimous decision of the NBA-NEC, even as the National Officers also vowed to drag her to the National Executive Council for “removal” over alleged gross misconduct.
But Oduah urged the court to determine whether the defendants “have the vires to suspend the Plaintiff from the office of the General Secretary of the Nigerian Bar Association (the 1st Defendant herein).”
Among the defendants are the Incorporated Trustees of the Nigerian Bar Association; NBA President, Mr. Olumide Akpata; other National Officers and the Inspector-General of Police.
Oduah’s Counsel and erstwhile Chief of Staff to NBA President, Mr. Murtala Abdul-Rasheed (SAN) told CITY LAWYER that the lawsuit was accompanied by an Affidavit of Urgency.
According to a Motion Ex-parte obtained by CITY LAWYER, the plaintiff is seeking “AN ORDER OF INTERIM INJUNCTION OF THIS HONOURABLE COURT, pending the hearing and determination of the Motion on Notice, restraining the Defendants by themselves, through their officers, servants, privies, agents or any other persons(s), agencies or individuals deriving power, command, authority, instruction or directives from it from acting or relying on or continuing to rely on, act on, implement, give effect to, interfere with or do anything to the prejudice of the Plaintiff/Applicant based on the decision document titled: “Resolution of the Meeting of the National Executive Committee of the Nigerian Bar Association held on 15 August, 2022” wherein the Plaintiff/Applicant was purportedly suspended from office as the General Secretary of the 1st Defendant/Respondent by the 3rd to 11th Defendants/Respondents.”
Oduah also prayed for an order “restraining the Defendants by themselves, through their officers, servants, privies, agents or any other persons(s), agencies or individuals deriving power, command, authority, instruction or directives from them from suspending/removing the Plaintiff/Applicant as the General Secretary of the 1st Defendant/Respondent (the Nigerian Bar Association).”
While urging the court to bar Ms. Uche Nwadialo from acting in her stead, the plaintiff also prayed for “AN ORDER OF INTERIM INJUNCTION pending the hearing and determination of the Motion on Notice restraining the 2nd to 11th Respondents, either by themselves, their servants, privies, officers, agents, cronies or howsoever from further harassing, threatening, intimidating, assaulting and/or attacking the Plaintiff/Applicant for any reason whatsoever.”
She has also prayed for police protection should the court grant the injunction, urging the court to grant “AN ORDER directing the 12th Defendant/Respondent (Inspector General of Police), and/or other officers under his Command and/or the Commissioner of Police, and all other officers as the Commissioner of Police may designate and Court Bailiffs to assist the Plaintiff/Applicant in the discharge of her duties as the General Secretary of the 1st Defendant/Respondent together with all other rights of whatever kind deriving from or incidental to any of the foregoing orders and also in execution of the orders herein made.”
Below is the full text of the orders sought by the plaintiff:
1. AN ORDER OF INTERIM INJUNCTION OF THIS HONOURABLE COURT directing parties in this suit to maintain status quo ante bellum pending the determination of the Motion on Notice seeking interlocutory orders of injunction;
2. AN ORDER OF INTERIM INJUNCTION OF THIS HONOURABLE COURT restraining the 6th Defendant/Respondent or any other person by whatsoever name called other than the Plaintiff/Applicant from acting as the General Secretary or performing the duties of the General Secretary of the 1st Defendant/Respondent pending the remaining period of the Plaintiff/Applicant’s tenure as the General Secretary of the 1st Defendant/Respondent or determination of the Motion on Notice, whichever is earlier;
3. AN ORDER OF INTERIM INJUNCTION OF THIS HONOURABLE COURT, pending the hearing and determination of the Motion on Notice, restraining the Defendants by themselves, through their officers, servants, privies, agents or any other persons(s), agencies or individuals deriving power, command, authority, instruction or directives from it from acting or relying on or continuing to rely on, act on, implement, give effect to, interfere with or do anything to the prejudice of the Plaintiff/Applicant based on the decision document titled: “Resolution of the Meeting of the National Executive Committee of the Nigerian Bar Association held on 15 August, 2022” wherein the Plaintiff/Applicant was purportedly suspended from office as the General Secretary of the 1st Defendant/Respondent by the 3rd to 11th Defendants/Respondents;
4. AN ORDER OF INTERIM INJUNCTION, pending the hearing and determination of the Motion on Notice, restraining the Defendants by themselves, through their officers, servants, privies, agents or any other persons(s), agencies or individuals deriving power, command, authority, instruction or directives from them from suspending/removing the Plaintiff/Applicant as the General Secretary of the 1st Defendant/Respondent (the Nigerian Bar Association);
5. AN ORDER OF INTERIM INJUNCTION restraining the Defendants/Respondents, their agents, servants and or privies from interfering with, frustrating or otherwise obstructing the Plaintiff/Applicant, the General Secretary of the Nigerian Bar Association, in the course of her duties as General Secretary of the Nigerian Bar Association pending the hearing and determination of the Motion on Notice.
6. AN ORDER OF INTERIM INJUNCTION pending the hearing and determination of the Motion on Notice restraining the 2nd to 11th Respondents, either by themselves, their servants, privies, officers, agents, cronies or howsoever from further harassing, threatening, intimidating, assaulting and/or attacking the Plaintiff/Applicant for any reason whatsoever.
7. AN ORDER of interim injunction pending the hearing and determination of the Motion on Notice directing the 12th Defendant/Respondent, either by themselves, their servants, privies, officers, agents, cronies or howsoever from further harassing, threatening, intimidating, assaulting and/or attacking the Plaintiff/Applicant for any reason whatsoever.
8. IN PURSUANCE OF (1) TO (8) ABOVE pending the hearing and determination of the Motion on Notice, AN ORDER directing the 12th Defendant/Respondent (Inspector General of Police), and/or other officers under his Command and/or the Commissioner of Police, and all other officers as the Commissioner of Police may designate and Court Bailiffs to assist the Plaintiff/Applicant in the discharge of her duties as the General Secretary of the 1st Defendant/Respondent together with all other rights of whatever kind deriving from or incidental to any of the foregoing orders and also in execution of the orders herein made.
AND FOR SUCH FURTHER OR OTHER ORDER(S) as the Honourable Court may deem fit to grant in the circumstance(s).
CITY LAWYER recalls that the NBA National Officers had in an email to members informed them of their resolution suspending Oduah as General Secretary. Signed by nine of its 11 members, the committee stated that the move is based on “weighty allegations against the General Secretary, Mrs Joyce Oduah in particular her acts of alleged disobedience to the President, the National Executive Council of the Association (NBA-NEC) and the National Executive Committee.”
The Executive Committee stated that “At the end of the deliberations, the National Executive Committee by a unanimous decision, resolved to refer the General Secretary, Mrs Joyce Oduah to NBA-NEC for disciplinary action under the provisions of section 20(1) of the NBA Constitution 2015 (as amended in 2021) and to recommend her removal from office for gross misconduct.”
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