IMPEACHMENT

IMPEACHMENT: ODUAH KNOWS FATE TODAY, ASKS NEC MEMBERS TO SHUN MOVE

  • PHOTO EXCLUDED IN NEC BUNDLE

The fate of the suspended General Secretary of the Nigerian Bar Association Joyce Oduah will be decided today by the National Executive Council of the Nigerian Bar Association (NBA-NEC).

The NBA-NEC meeting holds today at 4 pm at the Eko Atlantic City, Lagos, venue of this year’s NBA Annual General Conference (AGC).

Meanwhile, Oduah’s photograph is conspicuously absent from the list of National Executive Committee members as listed in the NEC Bundle sent to members for today’s meeting. It has been replaced with the photograph of Acting General Secretary, Ms. Uche Nwadialo. The notice for the NEC Meeting issued by the suspended General Secretary is however retained while her photograph also adorns the AGC Programme as “General Secretary,” perhaps due to logistical challenges.

CITY LAWYER recalls that NBA National Officers had in a unanimous decision resolved to suspend Oduah from her position, accusing her of gross misconduct. NBA President, Mr. Olumide Akpata recused himself from the meeting, given his face-off with Oduah. The National Officers had also resolved to recommend Oduah to the NBA-NEC for “removal from office for gross misconduct.”

In an email to NBA members obtained by CITY LAWYER informing them of the resolution to suspend Oduah as General Secretary and signed by nine of the 11 NBA National Executive Committee members, the committee stated that the suspension was 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 Committee also 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.”

Oduah has however fought back, dragging NBA to the Federal High Court. Her attempt to secure interim reliefs and superintend over the NBA Secretariat at today’s meeting failed as the court refused to grant her interim reliefs. The matter has been adjourned to Tuesday for hearing of her Motion on Notice.

Meanwhile, Oduah has urged NBA-NEC members to refrain from taking any action that may lead to her removal as General Secretary, citing the court case.

Writing on Oduah’s behalf to members of the NBA National Executive Council (NEC), her Lead Counsel and former Chief of Staff to NBA President, Mr. Muritala Abdul-rasheed SAN blamed Akpata from Oduah’s travails.

In an email sent yesterday to all NBA-NEC members among others, Abdul-rasheed stated that the suspended NBA General Secretary “received notice of a purported resolution passed by the Members of the National Executive Committee the NBA under the supervision and manipulation of Mr. Olumide Akpata, the 31st President of the Nigerian Bar Association.”

Dated August 18, 2022, the email was copied to the Attorney-General of the Federation and Minister of Justice, NBA Trustees, all Senior Advocates of Nigeria, members of the Body of Benchers, National Executive Committee members, chairmen and secretaries of NBA branches, co-opted NBA-NEC members, past NBA National Officers, and all NBA members.

Abdul-rasheed argued that the suspension of a National Officer “is not contemplated by the Constitution of the NBA,” adding that “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.”

He prayed the NBA-NEC members to respect the pending case, noting that Oduah is “the center gravity and engine room of NBA-NEC meetings” and that “The purported suspension of our client was illegally carried out.”

The email which was titled “RE: SUIT NO : FHC /ABJ/CS/1426 /2022 Between: Mrs . Joyce Oduah V . The Incorp. Trustees of the NBA,” noted that the matter came up for hearing last Thursday, adding that “At the proceedings, the Incoorporated (sic) 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.”

Noting that NBA’s core objective “is promotion and protection of the principles of rule of law and respect for fundamental rights, human rights and people’s rights, Oduah’s counsel stated that “we have our client’s instruction to to respectfully pray the NBA-NEC thus:

i. that all steps be taken by the NEC to ensure the pending litigation and proceedings of the Honourable Court is respected;

ii. 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 resolution(s) and/or not doing anything capable of jeopardizing and/or disrespecting the pending proceedings before the Honourable Court; and

iii. 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 a veiled reference to Akpata, Abdul-rasheed prayed that “NEC will NOT allow any member, no matter how highly placed or influential, to surreptitiously move her to take any of the above actions.”

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NBA EXCO ASKS NEC TO IMPEACH ODUAH FOR GROSS MISCONDUCT

The National Executive Committee of the Nigerian Bar Association has resolved to recommend Mrs. Joyce Oduah to the NBA National Executive Council for removal.

The move confirms earlier exclusive reports by CITY LAWYER on the suspension of the erstwhile General Secretary as well as moves by National Officers to impeach her for alleged misconduct.

In an email to NBA members informing them of the resolution of the Executive Committee to suspend Oduah as General Secretary and 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.”

Below is the full text of the statement.

RESOLUTION OF THE MEETING OF THE NATIONAL EXECUTIVE COMMITTEE OF THE NIGERIAN BAR ASSOCIATION HELD ON MONDAY 15TH AUGUST 2022

“Following the receipt of a letter dated 14th August 2022, from 9 National Officers of the Nigerian Bar Association (NBA) calling on the President of the NBA, Mr. Olumide Akpata to call an emergency meeting of the National Executive Committee, the meeting held on Monday 15th August 2022 by 8am with the following members in attendance:

1) Olumide Akpata – President
2) John Aikpokpo-Martins – 1st Vice President
3) Debo Adeyemo Kazeem – 2nd Vice President
4) Ombo Victor Frank-Briggs – 3rd Vice President
5) Joyce Oduah – General Secretary
6) Uchenna Nwadialo – Assistant General Secretary
7) Mercy Ijato Agada – Treasurer
8) Raphael Nnamdi Anagor – Financial Secretary
9) Olukunle Edun – Welfare Secretary
10) Rapuluchukwu Nduka – Publicity Secretary
11) Ferdinand Naza – Assistant Publicity Secretary

“The meeting deliberated extensively on the content of the above referenced letter and the 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

“Owing to the contents of the letters and statements issued by General Secretary and the disclaimer that the President issued, the NBA President, Mr. Olumide Akpata recused himself from the deliberations and handed over to the 1st Vice President, Mr. John Aikpokpo Martins to chair the meeting.

“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.

“In the meantime, however, in view of the critical importance of the Annual General Meeting which is scheduled to hold on 25th August 2022, and to prevent the General Secretary, Mrs Joyce Oduah from imperiling the Annual General Meeting, the Annual General Conference or the succession to the next administration by her unilateral and unauthorised communications purporting to be legitimate communications from the Association, the National Executive Committee has unanimously exercised its emergency powers under section 9(6) (d) of the NBA Constitution 2015 (as amended in 2021) to suspend Mrs Joyce Oduah from office as the General Secretary of the Association with immediate effect pending the Pre-Conference meeting of the NBA-NEC scheduled to hold on Sunday 21st August 2022.

“The Assistant General Secretary, Ms. Uchenna Nwadialo shall immediately act as the General Secretary pending the PreConference meeting of the NBA-NEC scheduled to hold on Sunday 21st August 2022.

“All members of the Association are advised to continue their preparations for the forthcoming Annual General Conference.”

Signed

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EXCLUSIVE: NBA EXCO IN EMERGENCY MEETING, MAY IMPEACH GENERAL SECRETARY

The National Executive Committee of the Nigerian Bar Association (NBA-NEC) is currently having an Emergency Meeting over the crisis rocking the Mr. Olumide Akpata Administration, CITY LAWYER can authoritatively report.

A source at the meeting told CITY LAWYER that one of the issues that may be considered by the meeting is whether to impeach the embattled General Secretary of the association, Joyce Oduah for “utter disrespect of the entire National Officers and for refusing to carry out the directives of the NBA-NEC.”

Several National Officers told CITY LAWYER that they were aggrieved with the General Secretary’s refusal to issue approved notice of meeting for the NBA Annual General Meeting (AGM) as resolved by the NBA-NEC.

A ranking National Officer told CITY LAWYER that the last straw was the withdrawal of the AGM Notice by the General Secretary, adding that “It is a huge disrespect to National Officers. If any National Officer exceeds his or her powers, there are bound to be sanctions. Several options are open to us.”

CITY LAWYER also gathered that the NBA-NEC is worried that Oduah may continue with her “disruptive attitude,” adding that “No-one knows what she would do next. This has to be dealt with.”

There are however indications that some National Officers are not certain about the constitutionality of the impeachment move. “I do not know whether we have such powers. But rest assured that whatever we do will be based on law and the NBA Constitution,” a National Officer told CITY LAWYER, adding that “We will not take any arbitrary decision, notwithstanding the egregious and longstanding infractions of the General Secretary.”

When CITY LAWYER contacted Oduah, she said she was not invited to the meeting. “I have not received any Notice of Meeting,” she said. “I believe it was a virtual meeting. No ZOOM link was sent to me. At any rate, I am the one who should issue any Notice of Meeting. It is like shaving one’s head in his absence.”

Oduah also queried the legality of the planned impeachment, saying “The National Executive Committee has no such powers. It is only the NBA-NEC or the General Meeting that can remove an officer. This is not about me but about the office of the General Secretary.”

CITY LAWYER recalls that Akpata issued a disclaimer against a notice by Oduah withdrawing earlier notices by her and the Assistant General Secretary, Uche Nwadialo.

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