The Federal High Court in Abuja has suspended two trustees of the Arewa Development Support Initiative, ADSI, after holding that actions taken through the organisation’s WhatsApp platform could not replace procedures prescribed by its registered constitution.
Justice Joyce Abdulmalik also nullified actions taken by the two trustees, Khurairah Musa and Celina Gar, between March 1 and April 30, 2024, following a dispute over the removal of six other trustees of the organisation.
The Incorporated Trustees of ADSI had approached the court alleging that the defendants removed six trustees without convening the General Assembly or following the association’s constitution.
The claimants also alleged that alterations were made to documents lodged with the Corporate Affairs Commission without proper authorisation.
In a judgment delivered on September 30, 2026, the court held that the association’s constitution was binding on its members and must be followed where it prescribed how internal decisions should be taken.
Justice Abdulmalik held that the organisation’s WhatsApp platform was not the constitutionally prescribed forum for conducting its formal affairs.
The ruling is particularly relevant in an era where professional associations, clubs, NGOs and corporate groups increasingly make decisions through WhatsApp and other messaging platforms.
The judgment reinforces a basic governance principle: digital convenience does not displace formal constitutional procedure.
Where an organisation’s constitution requires meetings, resolutions, notices or voting procedures, members cannot simply substitute an informal online discussion unless the governing document permits it.
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Source: TheNigeriaLawyer. TheNigeriaLawyer
