Felix Ashimole and Ibrahim Idaiye have filed an action before High Court of FCT against the Nigerian Bar Association, Mohammed I. Tsav and Access Bank Plc.
The matter which was brought via an originating summons with Suit no: Cv/1988/18, is challenging the validity of the withdrawals and spending of funds by the 2nd defendant without the authorization of the relevant authority.
The plaintiffs in their application made available to TheNigerialawyer is seeking for the following reliefs to wit:
A declaration that having regard to Articles 6 (10), 8 (1) and 13 (6) of the Nigerian Bar Association Uniform Bye-law of branches, the 2nd defendant cannot unilaterally or cahoots with any other Executive Committee member, and without the authorization of the General Meeting and approval of the Executive Committee, access, disburse and spend the funds of the Bwari branch of the 1st defendant Association; that the 3rd defendant, being the banker of the Bwari branch of the 1st defendant Association should always insist on, and availed of requisite resolutions in addition to signed cheques, before release of Branch funds to the 2nd defendant or any of his designates;
A declaration that the 2nd defendant’s disbursement and expenditure of the funds accruing to the Bwari Branch of the 1st defendant Association without the authorization of the General meeting and approval of the Executive Committee is unlawful, illegal, null and void;
A declaration that the 2nd defendant is personally liable for refund of any of his disbursements and expenditures carried out in violation of the clear provisions of the said bye laws; an order, mandating the 2nd defendant to compute and refund forthwith, any of his disbursements and expenditures carried out in violations of the provisions of the said laws; an order of perpetual injunction mandating the 3rd defendant to always insist on, and be availed a copy of requisite resolutions in addition to signed cheques before release of Branch funds;
A declaration that having regard to Article 6 (1) Article 8 (1) (c) of the NBA Uniform Bye-law 2015 as it affects Bwari branch of the NBA appointment of Bwari Caretaker Committee Chairman and Secretary (L.J. Ahmad and M C. Uzoukwu) does not qualify such persons as Ex-Chairman and Ex-Secretary repectively of the branch;
A declaration that having regard to the pending Notice of motion to remove the 2nd Defendant as the chairman of the NBA Bwari branch dated 22nd May, 2018, the principle of natural law of nemo iudex causa sua should apply to restrain the 22nd Defendant from presiding as the chairman of the branch; an order of perpetual, injunction restraining the 2nd defendant from recognizing or according L.J. Ahmad and M. C Uzokouwu privileges as Ex-Chairman and Ex-Secretary of the NBA Bwari branch respectively; and an order of perpetual injunction restraining the 2nd defendant from amending or re-writing the minutes of meeting of the NBA Bwari branch or Executive Committee meeting without approval by the general house or executive committee and writing letters and dispatching circulars and other correspondence of the branch and also an order of perpetual injunction restraining the 2nd defendant from presiding as the chairman of the branch pending the hearing and determination of the motion dated the 22nd day of May, 2018.
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A Report Of The Judgement Of The 16 Divisions Of The Court Of Appeal In Nigeria