Law

Court dismisses suit against Madonna varsity alumni association

The President General Madonna University Alumni Association World wide, Mr Peter Chuka Nwachukwu and a member of the board of trustees Mr. Chukwuemeka Odogwu alongside others have hailed the judgement of the Chief Judge of Rivers State, Hon. Justice Simeon Amadi which was pronounced on the 14th day of June, 2024 in a landmark judgment in Suit No: PHC/336/CS/2024 -Ogbom Goodluck Ogbom Esq vs the incorporated Trustees of Madonna University Alumni Association & 4 others.

The Chief Judge dismissed the originating summons filed by the claimant, Ogbom Goodluck Ogbom Esq.

The Claimant who was the immediate past Chairman of the Rivers State chapter of Madonna University Alumni Association had approached the RIvers State High court by way of an Originating Summons challenging the powers of the National President to appoint a Caretaker committee having failed to conduct elections in the chapter within his term in office.

The Defendants in opposition to the Originating Summons contended in their submissions that the Claimant’s case did not disclose any cause of action against the Defendants particularly where the Claimant has failed to show that he suffered special injury to the exclusion of all to qualify him to maintain the suit and urged the Honorable Court to dismiss the suit.

Agreeing in entirety with the submissions of the Defendants, the Honorable court described the Claimant as a meddlesome interloper who has no locus or legal right to bring the action in the first place having finished his tenure as Chairman of MUAARiv.

In the said well researched and erudite judgment of the Honorable Court, the court affirmed the position of Section 8(6)(vi) & (vii) of the Association’s Constitution 2016 (as amended) stating that the National President has wide powers to give leadership direction to any chapter with leadership vacuum as the law abhors a vacuum.

The Court further declared the Bye-law of MUAARIV invalid as same was not made in collaboration or registered with the National body and stated that indeed the Constitution of the Madonna University Alumni Association 2016 (as amended) is the only operative document guiding the Association and that any other document made without ratification by the National body is of no moment.

Concluding his Judgement the Honorable Court declared that the Care taker committee led by Mr Awarajih Uwaezuoke inaugurated by the National President upon the expiration of the Claimant’s tenure followed due process of law and same is empowered to carry on with the running of the Rivers State chapter pending the eventual election of the next set of Executives.

The suit having been brought in bad faith by Ogbom Goodluck Ogbom Esq was accordingly dismissed as frivolous.

Barr. Chukwuemeka Odogwu while lauding the decision of the court restated his commitment to defending the constitution of the Madonna University Alumni Association which he and other National Executives swore to protect, he also congratulated the President General and the Caretaker committee for standing firm in defense of the Alumni constitution while enjoining the Claimant to retrace his recalcitrant steps and channel the energy in moving the Association forward in line with the ideals and aspirations of the founding members of the Alumni.

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