A High Court sitting in Abakaliki, Ebonyi State Capital, has ordered Mrs Nwakaego Chinyere Nwachukwu, Mr Okpala M. Okechukwu, Mrs Priscilla Amos Onyebuchi and Mrs Amaka Agwu Oswald to vacate their positions as President, Financial Secretary, Treasurer and Secretary, respectively, of the National Population Commission (NPC) Abakaliki Staff Multi-purpose Co-operative Society Ltd, in accordance with the bye-laws and regulations governing the Co-operative.
The order was sequel to a suit no. HAB/9/2022 filed by Elder Omoke Nweze Njoku, challenging the continued perpetuation in office of the 2nd, 3rd, 4th and 5th defendants, after their tenures elapsed.
In the suit, Mr Njoku had prayed the court to order the 2nd to 5th Defendants to vacate their offices, having served out their tenures, in line with the Bye-laws and Regulations governing the Co-operative.
Njoku equally asked the court to order the 2nd to 5th Defendants to account for their stewardship since assumption of office.
The Plaintiff also prayed the Court to declare that the termination of his membership of the Co-operative vide a voice vote without any justifiable reasons was unlawful, null and void and of no legal effect whatsoever as it offends the relevant provisions of section 26(3) of the Nigeria Co-operative Societies Decree No. 90 and Regulations 1993 (Subsidiary Legislation) and clause 8(a) to (b) of the 1st Defendant’s bye-law.
The Presiding Judge, Justice Benson Ogbu, in his ruling, declared as unlawful, null and void the continued perpetuation in office of the President, Financial Secretary, Treasurer and Secretary of the Co-operative and ordered them to vacate their offices forthwith.
Justice Ogbu also declared that the termination of the Plaintiff’s membership of the Co-operative by the 2nd to 5th Defendants vide a voice vote without any justifiable reasons was unlawful, null, void and of no legal effect whatsoever.
“An order of this Honorable court, allowing the Plaintiff as a bona-fide member of the 1st defendant to be involved in all the activities of the 1st defendant including its meeting, the Plaintiff having committed no offence that will warrant the termination of his membership.
“The 1st defendant is hereby ordered to conduct forth with, an election for the election of new Executives of the 1st defendant,” the court ruled.
The court awarded the sum of N50, 000.00 (fifty thousand naira only) as cost against the defendants.
(Courtesy: Daily Independent)
