INJUNCTION

FHC ADJOURNS ODUAH’S SUIT TO AUG. 23

A Federal High Court sitting in Abuja has declined to grant an interim order sought by the suspended General Secretary, Mrs. Joyce Oduah to reinstate her in her position.

Instead, the court presided over by Justice A. R. Mohammed, sitting as a vacation judge ordered the plaintiff to put the defendant/respondents on notice and adjourned the suit to 23 August, 2022 for hearing.

Counsel to Oduah and former Chief of Staff to NBA President, Mr. Murtala Abdul-Rasheed (SAN), confirmed the ruling to CITY LAWYER, saying: “The court has directed that we put the respondents on notice and come back on Tuesday.”

Oduah had in a lawsuit sought to restrain the newly appointed NBA Ag. General Secretary, Ms. Uche Nwadialo from performing the duties of the General Secretary. She also sought an order to restrain the NBA from acting or relying on the Resolution reached by the National Executive Committee as well as an order directing the Inspector General of Police to assist her in the discharge of her duties as General Secretary.

CITY LAWYER recalls that the National Executive Council Meeting of the association holds on Sunday. The National Officers had resolved to ask the meeting to impeach Oduah as General Secretary for sundry misconduct. Oduah denies the allegations, saying that her actions were in line with the NBA Constitution.

More details soon.

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ODUAH ASKS COURT TO QUASH SUSPENSION, SEEKS POLICE PROTECTION

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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OGUNLANA SUES, ASKS COURT TO STOP NBA ELECTION IF…

BY EMEKA NWADIOKE

• FATE OF ELECTION HANGS IN BALANCE

• COURT SET TO HEAR SUIT FRIDAY

The fate of the forthcoming Nigerian Bar Association National Officers Elections is now hanging in the balance as a Lagos High Court sitting in Ikeja will on Friday hear a lawsuit brought by controversial former Chairman of the Nigerian Bar Association (NBA), Ikeja Branch, Mr. Adesina Ogunlana against his disqualification from the presidential race.

In court documents seen by CITY LAWYER, Ogunlana is asking the court to set aside his disqualification by the Electoral Committee of the NBA (ECNBA) or restrain the defendants from conducting the NBA Elections without his inclusion in the race. The electoral body had disqualified the former branch chieftain on the ground that his nomination forms did not include a “Letter of Good Standing” from his branch chairman.

The Respondents are Incorporated Trustees of Nigeria Bar Association; Mr. Paul Usoro SAN (President of the Nigerian Bar Association); Mr. Jonathan Taidi (General Secretary, Nigeria Bar Association); and Professor (sic) Tawo Tawo SAN, Chairman, Electoral Committee of the Nigerian Bar Association. Others are ECNBA Secretary, Cordelia Eke, Esq. and Dele Oloke, Esq (immediate past chairman of Ikeja Branch of Nigerian Bar Association).

Marked as Suit No. ID/4015GCM/2020, Ogunlana is praying for “An interlocutory order of this honourable court directing and compelling the Defendants, to include the name of the Claimant/Applicant in the list of candidates to contest for the Office of the President of the Nigerian Bar Association in the 2020 National Officers’ Elections and allowing same to contest pending the determination of the Motion on Notice in this matter.”

In the alternative, the disqualified NBA presidential aspirant is seeking “AN ORDER of injunction restraining the Defendants from conducting elections into the office of the President of the Nigerian Bar Association, without including the name of the Claimant as a candidate on the 29th and 30th July, 2020 or on any other date pending the determination of the Motion on Notice in the matter.”

Filed on July 9, 2020 Ogunlana revealed in a broadcast on his verified Facebook handle that the matter has been assigned to Justice Adedayo Oyebanji of Ikeja High Court, adding that the court has penciled down the case for hearing “due to its urgent nature.” He reassured his supporters to “keep hope alive,” adding that though the election has been scheduled for 29th and 30th July, 2020, “nothing is sacrosanct.”

Ogunlana listed four grounds to justify his lawsuit, stating that
(i) The 4th and 5th Defendants/respondents’ electoral body, the Electoral Committee of the Nigerian Bar Association (ECNBA) claimed to have disqualified the claimant contesting the election because his Nomination Forms did not include a letter of Good Standing from the 6th defendant, the then Chairman of his branch, the Ikeja Branch of the Nigerian Bar Association as required by the constitution of the Nigerian Bar Association.

(ii) The claimant brought an Appeal based on the objection raised by the 4th and 5th Defendants as stated earlier above in paragraph 1 but his appeal was dismissed based on a completely different issue, and which is applicable to the appeal or case of the claimant.

(iii) The ground of dismissing the Appeal founded in section 8(3)(c) of the NBA Constitution 2015(as amended) vis-a-vis the issue raised and the absence of any evidence to show that the report of the insurance committee if Ikeja Branch of NBA has been set aside “is disjointed from the ground of Appeal itself, which is based on the Appeal against disqualification for absence of letter of Good Standing in the Nomination packet of the Claimant/Applicant.

(iv) The Claimant /Applicant will suffer irreparable loss if this honourable court declines the order sought.”

It is recalled that Ogunlana has had a cat-and-mouse relationship with the electoral body following his initial disqualification from the presidential race. Though he appealed the disqualification, claiming that Oloke lacked the power to withhold his “Letter of Good Standing,” the ECNBA dismissed his appeal as lacking in merit.

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