COURT DECISION VOIDING NBA CONSTITUTION: AFAM OSIGWE KICKS: RELEASES DOCUMENTS

Afam Osigwe

The former General Secretary or the Nigerian Bar Association, Mr. Afam Osigwe had expressed doubt
on the voidness or otherwise of the constitution of the association passed under the Augustine Alegeh, SAN led NBA. In his statement accorded in response to the judgement of the Federal High Court voiding the NBA 2015 constitution as having been filed not in line with the provisions relevant sections of the Companies and Allied Matters Act, he made case for reasons the constitution cannot be void in the following terms:

"While I am yet to read the judgment of the court which it is claimed voided the NBA Constitution, 2015, certain facts are indeed very clear.

"Section 598 of CAMA allows an association whose trustees are incorporated under Part C of the Act to alter its constitution by a resolution passed by a simple majority of its members and approved  by the Commission. Therefore the NBA did not require the permission of the CAC to commence the amendment/alteration of its permission as the law permits it to first amend the Constitution before approaching the CAC for the approval of the amendment.

"The NBA notified the CAC of the amendment of its Constitution and sought the approval of the CAC as required by law as well as paid requisite fees.

"In line with S;594, the application for the Commission’s approval for the registration of the NBA Constitution, 2015, was published in two daily newspapers upon the CAC being satisfied that the application  has complied with the provisions of sections 591,592 and 593  of CAMA.

" It should be noted that CAMA does not limit a time for the making of the application neither did it impose any penalty for late filing. Section 600 CAMA merely made void ‘any change or alterations purported to be made in contravention of section 597, 598 or 599 .

"Therefore as long as the amendment was made by simple majority of members of NBA, it cannot be void."

Adam further releases the following documents in favour of his assertions

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