This is a summary of what has transpired so far in the case:
On the 21st of September 2024, one of the aspirants vying for the position of Welfare filed an originating summons to challenge the purported amended constitution, which the Electoral Chairman, Professor Jubril Edicha, claimed had been amended.
The Plaintiff in the matter, Anthony Owudah Adeiza, asserted that the only known constitution of the Alumni Association is the 2008 constitution, which has not been amended.
The election, initially scheduled for August 2024, was postponed to September and later suspended indefinitely on the eve of the election, citing security reasons. After the indefinite suspension, the Electoral Committee introduced online voting, a provision not included in the Alumni Constitution.
The Committee then attempted to conduct the election during the Christmas break. It was on this basis that the Plaintiff approached the court for an ex parte order, which was granted on the 13th of December 2024. The matter was adjourned to the 27th of December 2024, but the court did not sit due to the Christmas holiday.
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The matter came up for the hearing of the Motion on Notice on the 22nd of January 2025. However, the hearing could not proceed because the Counsel to the 2nd and 3rd Defendants informed the court that he would respond to my harmless application to regularize my process.
Knowing that the ex parte order had expired on the 27th of December 2024, I addressed the court on the doctrine of lis pendens and the need for parties to maintain the status quo. I informed the court that the 2nd and 3rd Defendants were planning to conduct the election on the basis of a purported amended constitution on the 25th of January 2025.
The court then ordered that parties should maintain the status quo pending the hearing and determination of all applications and the substantive matter. The court gave us a short date, less than three weeks, for the 10th of January 2025.
Surprisingly, the 2nd and 3rd Defendants issued a notice for the said election on the 25th of January 2025 and conducted the election on that date, contrary to the court order. The court did not renew or extend the ex parte order in any way.
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The Counsel to the 2nd and 3rd Defendants filed a notice of appeal on the 24th of January 2025, challenging the court’s directive for parties to maintain the status quo. However, on the 25th of January 2025, the 2nd and 3rd Defendants disobeyed the court order by conducting the election.
Parties in this matter have joined issues, and the court has adjourned the matter to hear and resolve it one way or the other. The court has not made any pronouncement on the issues before it, except for the directive to maintain the status quo, which is normal once a matter is in court under the doctrine of lis pendens.
How has the court been biased in this matter? The 2nd and 3rd Defendants, after disobeying the court order, have petitioned the judge, alleging bias. Those who seek equity must have done equity, and those who come to equity must come with clean hands.
Owobu Godday Esq
Counsel to the Plaintiff
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