A law firm, A. Muoka & Co., has advised HealthPlus Limited to reverse the purported removal of its Chief Executive Officer, Mrs Olubukunola George.
Muoka & Co., which described itself as the retained external solicitors to HealthPlus Limited, noted that George had in May 2020 filed a lawsuit seeking an order to restrain the directors from removing her as the CEO.
The law firm said it would be illegal to remove George as CEO, while the suit was still pending before the Federal High Court.
“Whilst we hold no brief for Mrs Olubukunola George (who has an independent counsel), we are constrained to point out that any attempt to remove her as CEO whilst the motion for interlocutory injunction is still pending will represent flagrant disregard for, and be an affront on, the authority of the court,” the solicitors said in a September 28 letter to two directors of HealthPlus Limited, Messrs Afsane Jetha and Zachary Fond.
Besides, the solicitors said George’s removal could not have been valid with only two out of the five members of the company’s Board of Directors taking the decision.
The solicitors said they noted that the Chairman of the company’s Board of Directors, Dr Ayo Salami, and a member, Mr Deji Akinyanju, had earlier resigned and were not party to the decision to remove George as CEO.
They said, “It is, perhaps, instructive that you purportedly took this step on the 25th of September, 2020, immediately after the further depletion of the Board by the resignation of the Chairman on the 24th of September, 2020.
“It lends the suggestion that the action was taken mala fide. It is also important to point out that Mrs Olubukunola George was afforded no opportunity whatsoever to respond to the weighty allegations contained in your ‘opinion’, some of which are criminal in nature, which was issued at the same time as your purported termination letter.
“Our laws here do recognise the right to fair hearing, and our courts are very eager to uphold same. In all the circumstances, the said letter and the purported termination of Mrs George’s role as CEO are improper and without any vires and shall be disregarded entirely.”