The law firm wrote the petition on the behalf of Osamede Umweni, a resident of the estate, and “one-fifth” other members of the association who were not named.
It alleged that the BoT has continued to operate without recognition by the Corporate Affairs Commission (CAC), questioning the legality of an election of executive members conducted on November 1.
The petitioners disagreed with the election, saying the BoT is not backed by law to conduct such poll.
The law firm also said the MRA constitution 2020 which governs activities of the association did not receive the approval of the CAC.
“That on Sunday the 1st of November, 2020 you amid other persons referred to as Board of Trustees (BOT) who are not known to the Corporate Affairs Commission organized and conducted election, electing the executive members that will take charge of the affairs of the association; and that you on Monday the 2nd of November, 2020 you purporting to be the General Secretary of the Association, caused the dissemination of notice of Magodo Resident’s Association Extraordinary General Meeting, wherein you intend to swear in the elected members among others,” they said.
They issued a 24-hour ultimatum for the immediate annulment of the election and a declaration of the poll as void.
They also asked that the association’s constitution be regularised by the CAC before it is adopted for use, adding that a legal action will be taken if the demands are not met.
“TAKE NOTICE that we have the instruction of our client to demand from you and we hereby demand as follows: for the immediate annulment of the election conducted on the 1st of November, 2020 electing the Executive Offices of the Association within 24 hours, on the ground that the persons and/or the purported Board of Trustees (BOT) are not known to LAW or the Corporate Affairs commission,” they said.
“To declare that the election conducted by the said Board of Trustees (BOT) is void within 24 hours, as same is embellished with clandestine election malpractices; and to regularized the constitution of the Association with the Corporate Affairs Commission (CAC) before its provisions and/or contents be used as a ground norm to regulate the affairs of the Association.
“TAKE FURTHER NOTICE that should you fail to annul the election conducted on the 1st of November, 2020 electing the Executive Officers of the Association within 24 hours or refuse to declare that the election conducted by the said Board of Trustees (BOT) is void within 24 hours or neglect to regularized the purported new constitution of the Association with the Corporate Affairs Commission as prescribed by the Law, we shall have no other option than to enforce the most appropriate Civil action against you in the Federal High Court of Nigeria (date and day of such service inclusive) seeking for the suspension of the Trustees and for the appointment of interim managers inter alia without recourse to you any longer. A stitch in time saves nine.” (The Cable)
