Some members of the Sierra Leone Bar Association have today, Sunday 24th June 2018 objected to what they described as “illegal Emergency General Meeting” scheduled for tomorrow (Monday 25) at the High Court No. 2, Law Courts building on Siaka Stevens Street, Freetown.
In a notice dated 22/06/2018 circulated via whatsapp, the Bar Association Secretary General, Ashmia Fofanah stated that, there will be an Emergency General Meeting of the Sierra Leone Bar Association on Monday 25th June 2018 at 2pm prompt to discuss among other things the sacking of the
former Anti-Corruption Commissioner Ady Macaulay.
In an opposition notices signed by over ten lawyers and copies sent to the head of Corporate Affairs Commission, Madam Michaella Mackay, they stated that the said meeting contravenes the 2009 Companies Act.
In a letter addressed to the Secretary General of the Sierra Leone Bar Association titled “Notice of Objection to the Holding of an Extraordinary General Meeting” the learned lawyers said the Sierra Leone Bar Association is a Company Limited by Guarantee and registered under the Companies Act (2009) of Sierra Leone (Which includes its predecessor laws).
These members of the Bar Association said the notice sent out to the general membership fails to comply with the Provisions of Section 187 (7) and 189 (1) and (3) of the Companies Act 2009 which mandates that Extraordinary General Meetings be held after the receipt of 21 Days’ Notice by Members prior to the date of the said meeting.
According to Lawyer Lloyd Jusu, “Notice of my objection to the holding of the proposed meeting scheduled for Monday, 25th June 2018 is hereby given on the grounds that the Notice falls short of giving 21 Days’ Notice to Members with counting beginning from the date the Notice was sent to all members as required by Section 189 of the Companies Act 2009 which binds the Sierra Leone Bar Association – a Company Limited by Guarantee.”
Another lawyer, Kai Joseph Saquee said, “it is therefore requested that proper 21 Days’ Notice be given to all members; failing which, any meeting held as an extra-ordinary general meeting or special resolution emanating therefrom will be illegal and in contravention of the aforesaid mandatory provisions of the company laws of Sierra Leone.”
By Elkass Sannoh