•Plaintiff to CJN: set up care-taker committee
The Federal High Court in Abuja has declared the Nigerian Bar
Association (NBA) constitution illegal.
The court held that everything done on its basis, including the
last NBA election, which produced the Abubakar Mahmoud-led
executive, is null and void.
Justice John Tsoho, in the judgment delivered last Thursday,
invalidated the constitution on the basis of its non-registration
with the Corporate Affairs Commission (CAC).
Consequently, counsel for the plaintiff, Mr A.C. Ozioko, has
asked the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen,
to set up a caretaker comittee for the association.
A lawyer, Supo Ojo, sued the Registered Trustees of the NBA over
the validity of the NBA constitution.
The lawyer, in a letter to the CJN, asked him as chairman of the
Body of Benchers to constitute a caretaker committee to take over
the administration and management of NBA’s affairs pending the
election of new officers under a constitution recognised by
law.
In the March 30 letter, the plaintiff notified the CJN of
Justice Tsoho’s verdict which voided the 2015 amended constitution
for non-compliance with mandatory provisions of the Companies and
Allied Matters Act (CAMA).
The judge also voided all actions taken under the constitution,
including the last election.
The plaintiff had sought an order of perpetual injunction
restraining NBA and its officers from conducting the association’s
affairs on the basis of the constitution purportedly amended and
adopted at the Annual General Meeting held in Abuja on August 27,
2015.
“Sir, worthy of note is the fact that the defendant herein did
not file any counter-affidavit in opposition to the plaintiff’s
suit, rather they filed a frivolous preliminary objections which
were all dismissed by the court,” the lawyer wrote.
Ozioko said the effect of the judgment was that the 2016 NBA
national officers’ election which Mahmoud “won” has been nullified
and voided in its totality.
“Put differently, the tenure of the Abubakar Balarabe Mahmoud
(SAN) led NBA has ended abruptly by virtue of the instant court
judgment, thus necessitating the takeover of the administration and
management of the affairs of the NBA forthwith by the General
Council of the Bar and subsequent conduct of fresh NBA national
elections under the extant 2001 NBA Constitution, in line with its
statutory obligations.
“For the sake of emphasis, we will like to point out that the
reliefs granted by the court as contained in the judgment are
declaratory in nature and as such, they take immediate effect as
they cannot be stayed.
“We also wish to note that there is currently no appeal against
the instant judgment and even if the defendant subsequently files
one, the law is now settled that a stay of execution cannot operate
against declaratory judgments such as the instant one,” the lawyer
wrote.
He copied to the Attorney-General of the Federation, past NBA
presidents, Body of Benchers, Council of Legal Education (CLE),
Body of Senior Advocates of Nigeria (BOSAN), among others.
Ozioko also wrote Access Bank Plc, requesting the suspension of
NBA’s account pending the appointment of a caretaker committee by
the CJN.
The March 31 letter reads in part: “The order of the Honourable
Court only recognises the NBA constitution adopted at the delegates
conference held in Calabar on August 31, 2001 registered with and
approved by the Corporate Affairs Commission, as the only valid
constitution.
“Consequently, the President, Nigerian Bar Association, Mr.
Abubakar Balarabe Mahmoud, SAN, the General Secretary, Mr. Isiaka
Abiola Olagunju and the Treasurer, Abdullahi Aisha Ado, on behalf
of themselves and other national officers, staff, organs,
committees, branches, members, representatives and/or any person
acting on behalf of or in the name of the NBA have all been
divested of the powers of administration and management of the NBA
effectively immediately.
“Flowing from the above, the President, the General Secretary,
and the Treasurer, who are signatories to account numbers –
0000976716, 0694192920 and any other account number held in any
name whatsoever by the Nigerian Bar Association should not be
allowed to operate and manage these accounts from henceforth.”
However, NBA, in a statement by its General Secretary, Isiaka
Olagunju, said the counsel to the Incorporated Trustees of the NBA
“has already appealed the decision”.
“The association has constituted a team comprising very senior
and capable legal practitioners to represent the NBA and if
necessary to join the appeal against this decision so as to
preserve the continued smooth operation of the association both at
the state and national levels,” the statement said.
Olagunju said Mahmoud and other officers were not parties to the
suit.
NBA directed its officers “to continue to discharge their
responsibilities”.
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