By Chinedu Agu
Following a review of the NBA Uniform Bye-Law for Branches, it is clear that the procedure adopted at today’s Monthly General Meeting of NBA Owerri regarding the impeachment of the Branch Chairman, Dr. Mazi Udegbulem, did not comply with the procedure prescribed by the Bye-Law.
Although a motion was moved by Chukwuemeka Anyanwu and supported by Ikechukwu Umah, Article 13 of the Uniform Bye-Law provides that any proposal or motion for the removal of a Branch officer before the expiration of his tenure must first be initiated by a written motion stating the grounds for removal, signed by at least five (5) financial members, and forwarded to the Branch Secretary at least twenty-one (21) days before the General Meeting at which it is to be considered.
The affected officer must also be notified in writing by the Branch Secretary at least fourteen (14) days before the meeting, and the proposal must be included as an item on the agenda of the meeting.
Article 13(1)(f) provides: “An elected officer of the branch or a member of the Branch Executive Committee shall cease to hold office or continue to be a member of the executive if he/she is removed from office by a two-third (2/3) majority vote of the financial members present and voting at the General Meeting of the Branch.”
Furthermore, Article 13(6) and (7) state: _“Any proposal or motion to remove any officer or member of the Branch Executive Committee before the expiration of his/her term of office shall be in writing stating the grounds and signed by at least five (5) financial members and forwarded to the Secretary at least 21 days to the Branch General Meeting at which the proposal or motion is to be tabled for discussion.”
“The Branch Secretary shall notify the officer or members concerned in writing of the receipt of any such proposal or motion at least fourteen (14) days to the said Branch General Meeting and list the proposal or motion on the agenda of the meeting.”
Accordingly, the process initiated at today’s meeting was procedurally defective for failure to comply with the mandatory requirements of Article 13 of the NBA Uniform Bye-Law. The appropriate step is to commence the process afresh in strict compliance with the prescribed procedure, thereby ensuring due process, fairness, and adherence to the governing rules of the Association.
The legal position is that the removal of a Branch officer is not automatic merely because allegations have been made. The Bye-Law requires a properly convened General Meeting of the Branch; participation by eligible financial members entitled to vote; and a two-thirds (2/3) majority vote of the financial members present and voting. Failure to satisfy these requirements renders any purported removal vulnerable to challenge on procedural grounds.
It is important to state this legal position clearly, as we cannot, as lawyers, be seen to perpetuate a constitutional error. Accordingly, the proper procedure, as prescribed by our Constitution, should be commenced and strictly followed.
26 September 2026
22:07hrs
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