The court made this pronouncement in a judgment on Thursday.
The Board of Trustees, BoT, of UNIOSUN had reportedly suspended the alumni EXCO against the constitution of the association.
The Court in a judgement delivered by Justice M. O. Awe also held that the decision of the BoT to suspend the NEC was in contravention of the association’s constitution.
Justice Awe also awarded a sum of three million Naira as damages against the defendants.
Pmnews.ng recalls that two of the NEC members, Basit Abubakar; General Secretary and Tobi Oyesowo; the Legal Adviser have approached the Court to challenge the decision of the BoT to suspend the entire EXCO members over alleged gross misconduct.
The court held, “On the whole, the suit of the Plaintiffs succeeds and I hereby grant the following Reliefs in their favour and against the Defendants, that is:
“Declaration that the suspension of the Plaintiffs as members of the National Executive Council of the UNIOSUN Alumni Association by the 2 Defendant is ultra vires, null and void, having been done in contravention of the Associations Constitution.
“An Order setting aside the said suspension of the Plaintiffs made by the Defendants before the expiration of their tenure of office on 28th May, 2023.
“A sum of N1,500,000:00 (One Million, Five Hundred Thousand Naira) in favour of each of the Plaintiff as damages for their unlawful suspension from office by the Defendants.”
Clarifying that the damages were for the two plaintiffs as the suit was not brought in representative capacity, the Court held that, “It is important to note that the Plaintiffs suit is not brought in representative capacity and hence, the reliefs to be granted are those entitled to by them as individuals and not as a body of National Executive Council (NEC).”
However, the court declined to reinstate the NEC for completion of their tenure.