National Association of Small and Medium Enterprises and its leadership have been dragged before a Federal High Court in Abuja.
The plaintiff in the matter, Mr Mike Alade, who sued on behalf of himself and other association members, prayed the court to declare that the tenure of the association’s current president has elapsed.
Other defendants in the suit are Dr AbdulRashid Yarima and Dr Oko Jaja, the second and third respondents.
The plaintiff asked the court to determine the following questions: Whether the appointment of the 3rd defendant as the chairman of the unilaterally constituted Electoral Committee of NASME by the 2nd defendant, without a functional Governing Council, was not unlawful, ultra vires, null and void in the circumstance.
Whether the purported election or appointment of the members of the General Council of Association conducted by the 3% defendant at the purported meeting held at the instance of the 2nd Defendant on 18th May 2024 was not unconstitutional, unlawful, illegal, null and void in the circumstance.
The plaintiff also sought the following reliefs from the court: A declaration that the tenure of the 2nd defendant as the president of the Governing Council of NASME has elapsed by effusion of time since August 18, 2023, having been appointed for a term of two years at the annual general meeting of the National Association of Small and Medium Enterprises (NASME) held on 19th August 2021, by section 10(iv) of the NASME Constitution and Article 4.2 of the Bye Law, 2020 of NASME.
A declaration that the purported annual general meeting of the association held on 18th May 2024, as unilaterally called by the 2nd defendant without a functional Governing Council, was unlawful, illegal, unconstitutional, null and void.
A declaration that the appointment of the 3rd defendant as the Chairman of the unilaterally constituted Electoral Committee of NASME by the 2nd Defendant, without a functional Governing Council, was unconstitutional, unlawful, illegal, ultra vires, null and void.
He sought an order restraining the 2nd Defendant and or any other person or persons he appointed from further parading himself or themselves as the President, Members of the Governing Council or Executive Committee NASME.
In the affidavit in support of the originating summons, deposed to by the plaintiff, he said that under the association’s constitution, the Governing Council had a tenure of two years, which expired on August 18, 2023.
He said the second defendant, in breach of the Association’s constitution and bylaws, refused, neglected, and failed to convene the General Council and the AGM of the Association in 2023 to reconstitute the Governing Council.
He said the anomaly was brought to the attention of the 2nd defendant by him through a letter by his lawyer dated November 7, 2023.
“Despite my reminder, the 2nd defendant has continued to act in flagrant disregard to the constitution of NASME.
“In addition, the 2nd defendant has blatantly displayed a lack of transparency and accountability in the management of the financial operation of the association, thus raising concerns among members and other stakeholders.
“Furthermore, the 2nd defendant has unilaterally convened a purported Annual General Meeting of NASME on 18 May 2024, for election/appointment into the General Council and the Executive Committee of NASME, with the 3rd defendant as the “Electoral Committee Chairman”, contrary to the provisions of the extant constitution of the Association.”
Tags: NASME