The Executive Committee of the Nigerian Bar Association, NBA, Section on Public Interest and Development Law has kicked against their removal by the association’s National Executive Council.
The NEC had accused the SPIDEL chairman, John Aikpoko-Martins, of engaging in activities that undermined the authority of the NBA President, Yakubu Maikyau (SAN), and the council.
As a result, the NEC in a meeting presided over by Maikyau ordered the immediate removal of SPIDEL executives.
The NEC also ordered the immediate withdrawal of cases instituted by SPIDEL and directed a probe to unravel the circumstances leading to the filing of such suits without the NEC’s approval.
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The PUNCH reports that among the suits to be dropped include the suit on alleged violation of the National Youths Service Corps Act filed against the Minister of Art, Culture, and Creative Economy, Hannatu Musawa, and Kenny Ogunbe; a suit seeking to stop the FG’s imposition of an annual levy for a certificate of proof of vehicle ownership in the country and a lawsuit seeking to stop the Inspector General of Police, Kayode Egbetokun, from implementing the Central Motor Information System for vehicle owners nationwide among others.
However, in a resolution reached by SPIDEL’s executives in an emergency meeting held on March 1, a copy of which was obtained by our correspondent on Tuesday, the executives rejected their removal.
In the resolution signed by the chairman and secretary, Funmi Adeogun, the executives vowed to continue with the court cases.
They noted that the cases were purely on public interests aimed at addressing impunity in the country.
It partly read, “For the avoidance of doubt, the Executive Committee vehemently disagrees with the decisions of the NBA-NEC purportedly dissolving the NBA-SPIDEL Executive Committee and directing the withdrawal of cases aimed to secure the public interest and checkmate impunity.
“The Executive Committee will among other measures, await the outcome of pending cases on the SPIDEL matter.”
SPIDEL’s executive also stated that the NEC’s decision was a breach of a court order directing it to appear before it.
“The Executive Committee notes that the reported decision was taken in clear breach of a subsisting order of a Delta State High Court directing NBA to appear in court on Monday, March 4, 2024, to show cause why an injunction should not be granted against it; that the reported decision by NBA-NEC also breached the hallowed principle of lis pendens and has foisted a state of helplessness on the court and undermined its dignity, ” they said.
The executives also alleged that the NEC denied them the right to a fair hearing before arriving at its decisions.
They said, “The Executive Committee notes that basic principles of natural justice were accordingly and predictably breached in the process of ‘trial’ of NBA-SPIDEL Executive Committee at NBA-NEC meeting in Jos.
“The Executive Committee expresses deep concern that such manifest disregard for basic principles of natural justice and fair hearing could be witnessed in an Association whose motto is ‘Promoting the rule of law,”l” and that the reported decision did grave violence to due process and the rule of law.”
The executives also called for an amendment to the constitution of the association to democratise the NEC.
“The Executive Committee states that it has now become imperative and indeed urgent to democratise NBA-NEC through amendment of the NBA Constitution to obviate the manifest irregularities and recourse to self-help noted above. This will safeguard NBA from public odium, ” they added.
They, however, appreciated Femi Falana (SAN); Ebun-Olu Adegboruwa (SAN) Prof. Chidi Odinkalu, and Inibehe Effiong among others for their massive show of solidarity.
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