Aggrieved UNIOSUN Alumni NEC members drag BOT to court over alleged illegal activities
Legal Battle over Disciplinary Actions: Allegations of Unfairness and Constitutional Breaches.
Introduction: The OSUN State University Alumni Association is currently caught up in a legal dispute following allegations of financial misappropriation and misconduct within its ranks. Abubakar Basit Olalekan and Oyesowo David have taken legal action against the Alumni Association, specifically targeting the BOT (Board of Trustees) led by Aderanti Adebisi. The summon raises concerns over fair hearing and constitutional violations, throwing the association’s disciplinary actions into question.
Incompetence of the Petition: The plaintiffs argue that the petition lodged against them and the National Executive Council (NEC) of the Alumni Association, dated March 9, 2023, is fundamentally flawed. They claim that the petition failed to meet the constitutional requirements, as it should have been signed by 25 members of the association before being presented to the defendants. This raises doubts about the validity and procedural soundness of the petition.
Violation of the Right to Fair Hearing: One of the critical issues raised in the court summon is the alleged breach of the plaintiffs’ right to fair hearing, protected by Section 36 of the 1999 Constitution of the Federal Republic of Nigeria. The plaintiffs argue that they were not given an opportunity to defend themselves as they were not included in the petition, served with the petition, or invited to participate in the proceedings before the Uniosun Disciplinary Panel Committee. This calls into question the principles of due process and natural justice.
Procedural Irregularities: The summon also highlights procedural irregularities that cast doubt on the integrity of the disciplinary process. The plaintiffs contend that the petition was not served on other members of the NEC, denying them the chance to defend themselves before the disciplinary committee. Such a disregard for fair hearing raises concerns about the credibility of the disciplinary proceedings. Moreover, the plaintiffs argue that the disciplinary report itself is null and void due to irregularities and alleged violations of the association’s constitution.
Legitimacy of the Disciplinary Actions: The plaintiffs challenge the validity of their suspension and that of the NEC by the BOT. They argue that the suspension is null and void since it lacks a proper basis and the BOT may not possess the constitutional authority to take such actions. The plaintiffs also question the constitutionality and legitimacy of the disciplinary panel, asserting that it was not properly constituted according to the association’s constitution.
Seeking Relief: In the court summon, the plaintiffs seek various declarations and orders from the court. They request the court to declare the petition incompetent, acknowledge the breach of their right to fair hearing, nullify the disciplinary report, dissolve/remove the defendants as trustees, and set aside their suspension. The plaintiffs also seek an award of costs and any other relief that the court deems appropriate.
Conclusion: The legal battle initiated by Abubakar Basit Olalekan and Oyesowo David against the OSUN State University Alumni Association shines a spotlight on alleged unfairness and constitutional breaches within the association. As the court proceedings unfold, the fate of the disciplinary actions and potential reforms to address the concerns raised by the plaintiffs hang in the balance. The outcome of this case will have significant implications for the governance and reputation of the Alumni Association.
The court summon is shared below:
