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FIREWORKS, AS ODUAH, NBA CLASH IN COURT TODAY OVER SUSPENSION

The legal face-off between suspended Nigerian Bar Association General Secretary Joyce Oduah and the association peaks today at the Federal High Court as parties go for each other’s jugular.

CITY LAWYER recalls that Justice A. R. Mohammed had last week declined to grant Oduah’s prayer for interim reliefs, leading to her exclusion from superintending the NBA Secretariat at the recently concluded NBA National Executive Council (NBA-NEC) Meeting which held last Sunday on the sidelines of the Annual General Conference.

The NBA-NEC had brushed aside the court case to ratify Oduah’s suspension by the National Officers, even as it fell short of impeaching her, citing the lawsuit. The meeting also ratified the appointment of Ms. Uche Nwadialo as Acting General Secretary.

Justice Mohammed had however adjourned the matter to today for hearing on Oduah’s Motion on Notice, the court having ordered her to serve NBA with the processes.

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. The ex-parte application had sought to restrain the NBA and other defendants from giving effect to Oduah’s suspension by the NBA National Executive Committee among other reliefs.

CITY LAWYER had in an exclusive report 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.

Oduah’s Counsel, Mr. Ayotunde Ogunleye (who stood in for Lead Counsel, Mr. Muritala Abdul-rasheed) had informed the court of the pendency of an ex-parte application dated and filed on 16th August, 2022. He sought to move the application.

In opposing the application, Mr. Solomon Umoh (SAN) and Mr. Godwin Omoaka (SAN) announced their appearances on behalf of the Incorporated Trustees of the Nigerian Bar Association and Mr. Olumide Akpata respectively, the 1st and 2nd Defendants, and informed the court that the matter was brought to their attention through social media.

Omoaka told the court that a preliminary objection challenging the jurisdiction of the court to hear Oduah’s suit as well as the ex-parte application had been filed on behalf of the two defendants.

He argued that the law is settled that where an objection to the jurisdiction of the court is raised, the court has an obligation to hear the objection first before attending to any other matter or application.

Omoaka then urged the court to set down the Preliminary Objection for hearing and ahead of hearing of the applicant’s ex-parte application.

Ogunleye however objected to Omoaka’s submissions, arguing that the business of the day was the hearing of the ex-parte application. He stated that the rules of court and judicial precedents are clear that where a defendant is present at the hearing of an ex-parte motion, he can only be seen and not heard.

Replying on points of law, Omoaka distinguished the authorities cited by Oduah’s Counsel from the case at hand and urged the court to first set down the preliminary objection for hearing.

In a short ruling, the court agreed with Omoaka that where a preliminary objection is raised, the court has a duty to hear it first. Justice Mohammed however held that the business of the day was the hearing of the ex-parte motion.

The court further held that it would exercise its discretion to hear the ex-parte application and set down the preliminary objection for hearing at a later date. This paved the way for Ogunleye to move the ex-parte application.

Ogunleye prayed the court for various injunctive and preservative reliefs.

In its ruling on the ex-parte motion, the court observed that the reliefs sought were the same as the reliefs sought in Oduah’s Motion on Notice. It declined to grant the prayers and ordered that the defendants be put on notice.

Abdul-Rasheed had confirmed the ruling to CITY LAWYER, saying: “The court has directed that we put the respondents on notice and come back on Tuesday.”

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 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.”

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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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WHY ABUJA COURT REFUSED INTERIM RELIEFS TO ODUAH: THE INSIDE STORY

The quest by suspended Nigerian Bar Association General Secretary Joyce Oduah to return to her position was scuttled by the similarity in the prayers sought in the plaintiff’s two applications before the court, CITY LAWYER can authoritatively report.

According to a source who attended the court hearing, though NBA had urged Justice A. R. Mohammed of the Federal High Court not to entertain Oduah’s ex-parte application due to the association’s preliminary objection against the lawsuit, the court insisted on hearing the motion.

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. The ex-parte application had sought to restrain the NBA and other defendants from giving effect to Oduah’s suspension by the NBA National Executive Committee among other reliefs.

Oduah’s Counsel, Mr. Ayotunde Ogunleye had informed the court of the pendency of an ex-parte application dated and filed on 16th August, 2022. He sought to move the application.

In opposing the application, Mr. Solomon Umoh (SAN) and Mr. Godwin Omoaka (SAN) announced their appearances on behalf of the Incorporated Trustees of the Nigerian Bar Association and Mr. Olumide Akpata respectively, the 1st and 2nd Defendants, and informed the court that the matter was brought to their attention through social media.

Omoaka told the court that a preliminary objection challenging the jurisdiction of the court to hear Oduah’s suit as well as the ex-parte application had been filed on behalf of the two defendants.

He argued that the law is settled that where an objection to the jurisdiction of the court is raised, the court has an obligation to hear the objection first before attending to any other matter or application.

Omoaka then urged the court to set down the Preliminary Objection for hearing and ahead of hearing of the applicant’s ex-parte application.

Ogunleye however objected to Omoaka’s submissions, arguing that the business of the day was the hearing of the ex-parte application. He stated that the rules of court and judicial precedents are clear that where a defendant is present at the hearing of an ex-parte motion, he can only be seen and not heard.

Replying on points of law, Omoaka distinguished the authorities cited by Oduah’s Counsel from the case at hand and urged the court to first set down the preliminary objection for hearing.

In a short ruling, the court agreed with Omoaka that where a preliminary objection is raised, the court has a duty to hear it first. Justice Mohammed however held that the business of the day was the hearing of the ex-parte motion.

The court further held that it would exercise its discretion to hear the ex-parte application and set down the preliminary objection for hearing at a later date. This paved the way for Ogunleye to move the ex-parte application.

Ogunleye prayed the court for various injunctive and preservative reliefs.

In its ruling on the ex-parte motion, the court observed that the reliefs sought were the same as the reliefs sought in Oduah’s Motion on Notice. It declined to grant the prayers and ordered that the defendants be put on notice.

The matter was then adjourned to Tuesday, August 23, 2022 for hearing of the applicant’s Motion on Notice.

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

It is unclear how the ruling will impact the scheduled NBA National Executive Council Meeting scheduled to hold on Sunday. Among the resolutions of the National Officers is their resolve to ask the NBA-NEC to remove or impeach the suspended General Secretary.

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.”

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CIArb OPENS REGISTRATION FOR PORT HARCOURT ANNUAL CONFERENCE

The Chartered Institute of Arbitrators (CIArb), Nigeria Branch has commenced registration for its 2022 Annual Conference which holds in Port Harcourt, Rivers State from November 9 to 11, 2022.

According to a statement made available to CITY LAWYER, the theme of the Annual Conference is “Restating the Legitimacy of Arbitration: Africa Taking the Lead.”

The three-day conference has a lot of Alternative Dispute Resolution (ADR) and arbitration-specific topics lined up for discussion by leading experts in the industry.

Signed by by Messrs Mr. Aham Ejelam (SAN, MCIArb) and Mr. Godwin Omoaka (SAN, FCIArb), both Co-Chair for the Annual Conference, the statement said that “Leading speakers drawn from related ADR fields have been assembled to deliver papers and act as panelists during the conference.” 

“The conference also provides an opportunity for participants to socialise and network for career growth,” it added.

The conference will kick off on November 9, 2022 with the Young Members Group Conference also in Port Harcourt which has the theme, “Bridging arbitral culture in a new era.”

An induction of new members and Gala Nite will draw the curtains on the eagerly awaited Annual Conference.

To register, visit www.ciarbnigeria.org/conference. For enquiries, please contact conference@ciarbnigeria.org or call 08034644337.

CIArb is the recognised global thought leader on Alternative Dispute Resolution (ADR), operating in over 40 countries. Based across and supported by an international network of about 42 branches, the Institute supports members’ career development, enabling them to compete in an ever-changing market.

Its network of worldwide branches provides members with the knowledge, skills and resources to improve their arbitration practice. Be at the forefront of the growth and development of ADR practice by attending the conference, sharing, and engaging on a global level.

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