The Publicity Secretary of the Nigerian Bar Association, Dr. Rapulu Nduka, has confirmed that the Federal High Court did not set aside the suspension of Mrs. Joyce Oduah by the National Executive Committee as is being reported by some news blogs.
He said that “The Federal High Court today heard and granted the application for substituted Service, and set aside the ratification of the suspension of Mrs. Joyce Oduah by National Executive Council, but did not set aside the suspension by the National Executive Committee. The hearing of the substantive suit challenging the suspension of Mrs. Joyce Oduah by the National Executive Committee has not come up for hearing. However, the motion on notice by which Mrs Oduah seeks to restrain the NBA from giving effect to the suspension and restraining Ms Uche Nwadialo from acting in Mrs Oduah’s stead was adjourned to the 31st day of August, 2022 for hearing. In essence, the suspension stands, but the act of ratification itself was set aside by the court”. Dr. Nduka said.
Clarifying further, he said that there are two issues that must be distinguished. First is the substantive issue of the suspension of Mrs. Oduah by the National Officers; and second the ratification by the National Executive Council of Mrs. Oduah’s suspension.
The decision by the Federal High Court delivered today is limited to the decision taken by NEC post-litigation by Mrs. Oduah, as it is the court’s intention to prevent NBA-NEC from presenting it with a fiat accompli on the issues before it. The substantive issue of the suspension of Mrs. Oduah by the National Officers remains yet to be determined by the court. Consequently, parties have a duty to maintain status quo as at the time of filing of the suit by Mrs Oduah – which is that her suspension subsists until otherwise decided or reversed by the court on hearing the Originating Summons which questions the validity of her suspension by the national officers”. He concluded.
The consequence of this position is that Mrs. Oduah cannot present herself as being the Association’s Secretary or preside over any NBA activity or event – including the forthcoming Annual General Meeting, or exercise any functions of the office of Secretary-General until final determination of the substantive issues in the suit by the Court – as the matter is sub judice.
