By Lukman Olabiyi
The Federal Capital Territory (FCT) High Court, Abuja, has restrained the Nigerian Society of Engineers (NSE) from conducting the 2023 election or further election of the body slated on November 29 and 30.
Justice Venchak Gaba also restrained Mrs. Margaret Aina Oguntala (4th defendant) from parading herself as Deputy President of NSE pending the hearing and determination of the substantive suit before the court.
The further granted an order of interlocutory injunction restraining the 1st-3rd defendants, their representatives, agents, privies, the NSE Electoral Panel, its Council and Board of Trustees, and/or anybody acting through them
from further inauguration of Mrs. Margret Aina Oguntala (4th defendant) as the elected President of the Nigerian Society of Engineers which is slated for January 2024, based on the Society’s Memorandum and Articles of Association ( MEMART).
The judge , who fixed January 25, 2024 for hearing of the substantive suit , directed NSE, its Council, NSE Electoral Panel and Board of Trustees, and/or anybody acting through them to maintain the status quo, pending the determination of the claimant’s substantive suit before the court.
The judge ordered that a caretaker committee be formed to avoid a vacuum in the leadership of NSE pending the determination of the suit.
The order obtained , followed a motion on notice marked: M/490/23, and brought before the court on November 24, 2023, through Salisu Umar Esq with A.A. Liman Esq. and Charles Ikechukwu Esq on behalf of the claimant, Joseph Akinteye.
In the substantive suit, marked: CV/158/21, the claimant, Akinteye, who was a contestant in the 2021 NSE election, named the NSE, its Chairman of Board of Trustees, Emeka Eze, the Chairman of NSE 2021 Election Appeal, Charles Mbanefo and Mrs. Margret Aina Oguntala as defendants.
According to the matter, NSE on December 9, 2021, conducted its 2022 National Executive Committee Members’ election through an online platform.
Unfortunately, the election encountered issues related to data manipulation through hacking. Some people were said to have hacked the database of the organization to manipulate the outcome of the election.
At the time, the sitting President, Babagana Mohammed, delegated the task of informing the Annual General Meeting (AGM) about the situation to the then Deputy President, now the current President, Tasiu Sa’ad Gidari-Wudil, that was after encouraging Wudil ‘to continue the process to its logical conclusion because it is a matter of integrity not only for NSE but the Nigerian nation.
After heated debates among members and former Presidents such as F. A. Shonubi, Olumuyiwa Alade Ajibola, Adekunle Mokuolu, and Mustapha Balarabe Shehu, who all expressed disapproval of the irregularities, the consensus was that the election should be cancelled.
The NSE’s election held on December 9, 2021, was therefore cancelled by its immediate past President, Babagana Mohammed, over an alleged “criminal cyber breach”.
While some members protested, the election results were eventually announced, albeit without the signatures of many candidates’ agents. Affected members were directed to appeal to the NSE Election Appeal Committee.
In response, aggrieved contestants and disenfranchised members filed appeals.
However, the appeal panel, led by the late Engr. Charles Mbanefo, chose to uphold the election results without adequately addressing the appeals, citing adherence to the Society’s Memorandum and Articles of Association ( MEMART).
This decision received strong support from Engr. H.A.Gumel, but a minority report challenging this decision was submitted to the Council of the Society by Engr. Adekunle Mokuolu, a member of the appeal panel.
In the aftermath of the 2021 AGM, the President, Babagana Mohammed invited the Department of State Services (DSS) to investigate and prosecute the hackers via a letter dated December 13,2021 Ref : NSE/HQ/ES/174/VOL.7 signed by the late NSE Executive Secretary, Dr. Okopi Alex Momoh.
However, the DSS, after conducting an investigation, allegedly failed to submit a report or take action against the hackers.
The society remains divided on the issue of an alleged hacker, who continues to work within the NSE despite revelations about his activities. The DSS’s refusal to act and the lack of response from the NSE leadership have further fuelled concerns.