MAC/NBA/001/2022 18th August, 2022.

National Executive Council Members (NEC)

(2020 – 2022 Servive Year)
Nigeria Bar Association,
C/O Nigeria Bar Association,
NBA National Secretariat Abuja,
Plot 1101, Muhammadu Buhari Way,
Central Business District,
Federal Capital Territory,
Abuja.

Distinguished NEC Members,

RE: SUIT NO: FHC /ABJ/CS/1426/2022 BETWEEN: MRS. JOYCE ODUAH V. THE
INCORPOARTED TRUSTEES OF THE NIGERIAN BAR ASSOCIATION
– NOTICE OF PENDENCY OF LITIGATION -

The above subject suit refers.

We are counsel to MRS. JOYCE ODUAH, the Plaintiff in the above stated suit
(hereinafter referred to as our client) and it is on her behalf that we respectfully
write you this letter.

Our client informs us and we verily believe her as follows:

1. She is the substantive elected General Secretary of the Nigerian Bar
Association, the Secretary of the National Executive Council of the NBA
(NBA-NEC) and the Annual General Meeting (AGM);
2. She is the administrator, center of gravity and engine room of all NEC
meetings, including the next meeting of NEC which is to hold on Sunday,
21.08.2022;
3. While performing the constitutional functions of her office and preparing
for the meeting of the said NEC Meeting, the Annual General Meeting,
scheduled to hold on 25.08.2022 and the General Conference of the NBA
which commences on 19.08.2022, she received notice of a purpoted
resolution passed by the Members of the National Executive Committee of

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 the NBA under the supervision and manipulation of Mr. Olumide Akpata,
the 31st President of the Nigeria Bar Association;
4. The purported resolution is to the effect that our client was suspended from
her office by the National Executive Committee of the NBA acting as the
National Executive Council;(NBA-NEC)
5. It is beyond cavil that the suspension of a member of the Executive
Committee of the NBA is not contemplated by the Constitution of the NBA,
2015 (as amended in 2021);
6. The 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;
7. The purported suspension of our client was illegally carried out at a so-
called emergency meeting of the National Executive Committee that held
on 15th August, 2022 by 8am, where contrary to the Constitution of the
NBA. More particularly,
1.1 tThe subject matter of the suspension of our client was not
contained in the agenda of the purported emergency meeting;
1.2 our client was neither served with a notice containing the
allegations against her nor afforded the opportunity to put forward
a defence;
1.3 the National Executive Committee of the NBA has no such powers
to suspend our client as it purports to unlawful do in this instant;
1.4 the Member of the National Executive Committee who purport to
suspend our client are her accusers and judge at the same time;
1.5 our client was not granted fair hearing in the proceedings leading to
her purported suspension.
In the light of the above, our client had no choice than to act in consonance with
civilised norms and commence an action before the Federal High Court in Suit
No: FHC/ABJ/CS/1426/2022 BETWEEN: MRS. JOYCE ODUAH V. THE
INCORPOARTED TRUSTEES OF THE NIGERIAN BAR ASSOCIATION & 11 ORS.
This suit came up for hearing on 18.08.2022 before the Federal High Court, Abuja
Judicial Division, Coram: Hon. Justice A. R. Mohammed, for hearing of our
client’s Ex-Parte application.

At the proceeding, the Incoorporated 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.

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Now, in line with the objective of the Nigerian Bar Association’s core objective,
which is promotion and protection of the principles of the rule of law and
respect for fundamental rights, human rights and people’s rights and the
NEC’s responsibility, by virtue of Article 8 of the NBA Constitution, 2015 (as
amended in 2021), to promote the aims and objectives of the Association, we
have our client’s instruction 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;
It is a settled position that members of the NEC are fathers of the Bar and the
Legal Profession in Nigeria. They represent the best of the best of what the
Nigerian Bar Association and the Ethics of the Legal Profession stand for; it is
therefore our fervent believe that the instant case will not be an exception in the
entrenchment of the rule of law and the NEC will NOT allow any member, no
matter how highly placed or influential, to surreptitiously move her to take any of
the above actions.

We thank Distinguished NEC Members for your attention and most respectfully
assure you of our warmest regards and esteem always.

Yours faithfully,
MURTALA ABDUL-RASHEED, SAN & CO.
(MURRAY CHAMBERS)

MURTALA ABDUL-RASHEED, SAN

Cc:
1. Honourable Attorney General of the Federation;
2. Members of the Incorporated Trustee of the NBA;
3. All Learned Senior Advocates of Nigeria;
4. All Members of the Body of Benchers;
5. All Members of the Executive Committee of the NBA;
6. Chairmen and Secretaries of all NBA Branches;
7. All Co-opted Member of NEC;
8. Past National Officers of the NBA;
9. All Members of the Nigerian Bar Association.