Chairman of Lagos State chapter of the Sports Writers Association of Nigeria (SWAN), Ambassador Olatutu Oladunni and her Secretary, Omotunde Bello, have responded to the suspension letter issued to them by the Isaiah Benjamin-led National Executive which unilaterally suspended them without recourse to due process.
Isaiah Benjamin and his executive says they suspended Ambassador Olatutu Oladunni and Omotunde Bello based on yet to be known misconducts, but the response from both the Lagos chairman and her Secretary faulted the suspension, saying the “National Secretariat should desist from actions inconsistent with the Association’s Constitution, and to channel any grievances in accordance with due process and established disciplinary procedures.
“The Constitution and Bye-Laws of the Association, particularly Articles 21 ,23 provisions], do not confer on the National President unilateral powers to suspend or remove an elected Chapter Chairman. Such authority, where it exists, resides exclusively in the Chapter SEC by virtue of Section 23(b) of the SWAN state through the prescribed disciplinary mechanisms of the Association,” the letter reads.
Oladunni and Bello insisted that Isaiah Benjamin’s action to suspend them is arbitrary.
For the avoidance of doubt, they said the decision was based on individual will, whim, and caprice rather than on established standards, facts, or reason.
Oladunni and Bello wondered why Isaiah Benjamin and his National Executive should rush to impose a punishment without giving them a fair hearing of an offence they know nothing about if not that they are pushing an agenda.
The duo cited Article 21(c) of the SWAN Statute that outlines how such procedure must follow
“In all cases, affected members/state shall be given the right to defend themselves before an Independent Investigation Committee (IIC) appointed by NEC as the case may be”
Article 23(b) says: “Same as above, any state officer found wanting shall be removed or relieved of his post by a vote of two thirds of all other state Executive Committee (SEC).”
“We noted with concern that by the wordings of Articles 21,23b stated above, the powers to remove or suspend State Executive Committee members is only exercisable by 2/3 of SEC members and by no means exercisable by the National president and NEC as contained in your letter under reference
“Further sir, the provision of Article 21, of the Statute requires that any member alleged of misconduct must be given fair hearing and the right to defend himself before a duly constituted IIC preparatory to imposition of any disciplinary measure which procedure your purported letter under reference failed to follow and adhere to.
“The purported suspension is therefore ultra vires, null, void, and incapable of producing any legal or binding effect on the leadership or operations of the Lagos Chapter pursuant to Article 23(b) of the SWAN registered Statute.
“The Chairman, having been duly elected in accordance with the Constitution of the Association, whose election and legitimacy in office has been confirmed by the national industrial court presided over by His Lordship Justice Esowe in suite no.NICN/LA/165/2022, shall continue to exercise and discharge the functions of his office until the expiration of his tenure or lawful removal in strict compliance with the constitutional provisions.
“We find the purported suspension a clear usurpation of the internal sovereignty of the Chapter and a breach of the democratic principles that govern the Association.
“By the provision of ARTICLE 12, (b)i , ii , the purported suspension contravenes tenure of office guarantee under Article 12 .This kind of interference, if allowed, undermines the credibility of the Association’s electoral processes and the rule of law within its structure
“By Article 12(b) I, II, the tenure of the office of the current chairman and secretary is secured for 3 years and with eligibility for a second term in a free and fair contest. “
The duo of Ambassador Olatutu Oladunni and Omotunde Bello concluded their response to Isaiah Benjamin-led National Executive with a definite note of warning that “In the light of the foregoing, the Lagos chapter hereby formally rejects the purported suspension letter in its entirety, and considers the same as of no effect whatsoever.”
