An unprecedented rift has
reportedly taken center stage among some former students of Buea-based Saint
Joseph College, Sasse over the calling of a Revival General Assembly, RGA, of
the Sasse Old Boys Association, SOBA due to the “inability” of the current
bureau to convene a General Assembly in the constituted time frame.
This week, social media
has been washed with copy of emails between Buea-based lawyer and former and
SOBAN, Barrister Sichui John Kameni and Dr. Edwin Ngwafor, son of the
current SOBA president.
The two intellect are
reportedly in a rife after Barrister John Kameni backed the decision by some
chapter presidents to call for a revival GA which will see the putting in place
off a new executive at the helm of the association.
According to John Kameni,
the failure of the current executive to convene a GA gives room for designated
authorities according to the SOBA constitution to be able to call for a revival
GA.
This reporter gathered
that Kameni, who contested against the current president for the coveted
position of president of SOBA in 2013 but failed to make it, has reported given
his support for the calling of a RGA stating that it is constitutionally
correct.
Before dust could settle,
the son of the current SOBA president Dr. Edwin Ngwafor decided to save his
father’s face, Prof Ephraim Ngwafor by taking upon himself to correct Barrister
Kameni and bring him to order.
In his reply email, he
emphasised that the current executive had already called for a General Assembly
before the other fraction when ahead to call for a Revival General Assembly. He
equally raised dust on Kameni’s purported position in spearheading the calling
of the RGA insinuating that something was fishy.
For a clear understanding
of the current happenings, read the two emails from both parties
Calvin
Re: Soba
America REVIVAL GENERAL ASSEMBLY 4TH MARCH 2018 IN BUEA
Hi Calvin
Thank you
for your questions. First, let me underscore with every strength in me that all
remarks made herein are my personal views and representative of no one else’s.
I comment as a registered Soban with a prerogative like you to comment on
matters of interest concerning SOBA. Second, the email you forwarded reminds me
of a caption which recently arrested my attention. It read: “In such a divisive
world, even something as innocuous as whether you wet your toothbrush before
applying toothpaste can become a polarising issue - as proven by a recent
debate on Twitter.” People argued whether the accepted scientific rule is to
wet your toothbrush before you apply the toothpaste and use or apply the toothpaste directly on
the dry toothbrush before use or apply the toothpaste to the toothbrush then
wet together before use.
The
caption on first instinct made me laugh, then minutes later I paused and
appointed considered attention to it acknowledging that even affairs which
touch and concern a great association like ours -SOBA -are not exempt from its
truth.
My remark
is a simple one, when it comes to a governing document such as a constitution,
the wordings outlined are drafted in a way to ease interpretation especially
for the untrained legal eye. However the standards increase for legal
practitioners. Yet, this could still prove polarising especially for those with
ulterior motives.
I
understand that the writer of the email below happens to be a man of Law, thus
it is incredible that he flagrantly misinterprets or ignores to validate the
provision set out in Article 23(2) of the SOBA constitution which states:
“Where the
National President or National Executive fail to convene the General Assembly
for a period of three years or more, the Principal of Sasse College or a
minimum of at least three Chapter Presidents shall summon a revival General
Assembly which shall elect a new National Executive to run the affairs of the
Association”. (Copy attached- Exhibit 1)
Now lets
go through the chronology of events:
13th
January 2018- The Soba General Council holds a meeting in Douala and arrives at
a number of resolutions. Many executives of SOBA chapters were represented at
this meeting including representation from SOBA Buea and SOBA Victoria.
16th
January 2018- The Secretary General (SG) of SOBA General releases a communiqué
with reference S.G001/SOBA GC/2018 which contains the call to a General
Assembly scheduled 10th March 2018 (communiqué resolution 9). (Copy attached-
Exhibit 2)
17th
January 2018- A letter is done in Buea calling for a Revival General Assembly
on the 4th March 2018. (Copy attached- Exhibit 3)
In the
world I live, the 16th day of any month precedes the 17th day of that month.
Simply put the 16th comes before the 17th.
As a result, based on the time line of events (chronology), the letter
calling the Revival General Assembly is time barred by the constitution of
SOBA.
Now lets
go back to the wordings of the Article in question. Granted, the General
Assembly has been delayed by approximately 18 months (1.5 years), nevertheless
it was still convened before any call for a Revival General Assembly had been
initiated. All within the provisions of Article 23(2). Frankly explaining this
to a legal practitioner is embarrassing.
Even
though this may come as a disappointment to the author of the email, the
provision does not allow retroactive application (otherwise this would have
been expressly stated in the constitution). Again, a man of Law should be able
to spot that. If the letter calling the Revival General Assembly had been
called prior (even a minute before) the release of the SG’s communiqué on the
16th January 2018, then and only then would Article 23(2) be triggered.
The author
of the email writes as though his interpretation of the constitution is final
and gospel. A point could still be raised that explains another position for
example, the draftsmen of this SOBA constitution intended to mean there could
be no revival until three or more years after the National President or
National Executive fail to convene a General Assembly. Implying that since the
last General Assembly was scheduled for 2016, no revival can occur until at
least 2019. Is this a valid argument sensu stricto? Not playing with these
extensions, the fact remains no revival can occur once the national president
or national executive call a General Assembly. In our current situation the
General Assembly has been called hence the need for a revival becomes
redundant.
Some basic
questions now loom:
1. Why did
the sponsor of the letter calling the Revival General Assembly wait only after
the SG released the communiqué calling for a General Assembly on the 10th March
2018? As a factual matter, there was the entire passage of time from October
2016, and the entire 2017, he could have done so at any point within this
window. Why didn’t he?
2. If
there were adequate confidence levels pertaining to the security situation in
Buea, why did the sponsor not obtain the signatures of three Chapter Presidents
or request the Principal of Sasse College to call this Revival General Assembly
as provided by the constitution?
3.
Executives from SOBA Buea and SOBA Victoria (the latter represented by its
Chapter President who happens to be a signatory of the letter calling a Revival
GM) took part in all deliberations at the SOBA General Council meeting on the
13th January 2018 in Douala which ended with the resolutions communicated by
the SG SOBA General.
How then
is it possible for a chapter executive who took part fully in the SOBA General
Council Meeting on the 13th January 2018 wherein a resolution was taken to call
a General Assembly on the 10th March 2018 be subsequently influenced to sign a
letter calling a Revival General Assembly? Does the sponsor not see this as
approbation and reprobation all rolled up together in the same breath?
The act of
calling this Revival General Assembly after the General Assembly had already
been called following the SG’s communique clearly indicates that the sponsor
was desperately prompted by the SG’s communiqué dated 16th January 2018. Hence
the hasty character of its preparation (the Revival GM letter).
The writer
of the email must note that not only has his action been already considered to
be based on a flawed premise, but further insistence with letters, emails, and
correspondence replete with infelicities (Un-SOBAN) circulated frantically the
world over is sadly a desperate and disrespectful attempt to advance
falsehoods. This is contempt of our governing document.
By
repeating the wrong thing over and over and over again will never make it
right. You can hope it will stick but in today’s world, the persistent quest
for the truth and facts has ensured ignorance gives way. To add, in a letter
dated 24th January 2018, the Proprietor of Sasse College Bishop Bushu
dissociated himself from the Revival General Assembly and fully endorsed the
already called General Assembly scheduled on the 10th March 2018. (Copy of
Bishop letter attached- Exhibit 4).
Clearly
the respected Bishop is not a child and he exudes an unimpeachable character.
As authority, once the Bishop posits a dictate, there should be obedience and
respect. Remember His Lordship Bishop Pius Awa? How many times did we see him
throughout our time in Sasse, how do you even meet him? That simply is the
enigma of that office. The author of the email clearly ignores or disrespects
the Bishop’s position of dissociating from the Revival General Assembly,
however it was this same Bishop who was so respected by the said sponsor humbly
handing him the letter calling the revival and being presumptuous to assume the
Bishop will celebrate mass before the start of the meeting, a fortiori.
Attend the
General Assembly on the 10th March 2018, because it is your right and
responsibility as a Soban. Challenge, seek answers, again your right and
responsibility.
Just on
another point which you raised, let it be known that the constitution is silent
on the venue of the General Assembly. There is no provision in the constitution
that requires all SOBA General Assembly meetings be held in Sasse College. Like
the case of local chapters it could rotate from house to house or with diaspora
chapters from city to city, similarly the SOBA General Assembly can hold in any
venue in any city within the national territory from the Far North to the
South, East to the West. For example it could well hold in Buea but not
necessarily in Sasse College. Feel free to prove me wrong and I will concede.
Staying on
this point, it is worth fleshing out the relevant facts. The General Assembly
was actually due to hold in Sasse College in October 2016. However due to the
force majeure which clouded the North West and South West regions in the same
period, security dispositions were precarious. For months, Sasse College was
deserted and all forms of public gatherings and manifestations were strictly
forbidden by the authorities. Needless to add that some Sobans were actively
involved at the forefront of the crisis dubbed ‘Anglophone Crisis’ holding
several leadership positions. The situation warranted caution and thorough
monitoring to ensure the security of Sobans especially those travelling from
out of Buea be it a priest, a doctor, an engineer, a teacher, an accountant, a
politician or a recent graduate from Sasse College. You would agree that a
politicians security and safety is NOT more important than that of the teacher,
doctor, business person an so on. We should avoid deflecting from the issues
and stick to the facts otherwise you sow seeds which breed sentiment parallel
to Soban values. It is true that portions of permission may be awarded to hold
some public gatherings but that comes with higher liability thresholds and with
the unpredictable events which unfold in these two regions on a daily basis
whether in Mamfe, Kumba, Bamenda or Buea, at any point in time a curfew could
be imposed. A SOBA General Assembly is not a joke or a casual affair. It is the
arena where serious matters concerning the association are discussed and it
should not be held under tense conditions marred by uncertainty. Please see
attached récent communiqués from the governors of the north west and south west
regions which put this point into perspective. (Exhibits 5 & 6)
I have
done my utmost to answer your questions in a manner grounded within the
confines of the SOBA constitution and urge anyone with evidence to the contrary
to use the same document or any other SOBA related legal document to rebut. The
force of argument always trumps the argument of force and it is not uncommon
for intellectuals to lose an argument. This is not about adult victimization.
With
respect to the other remarks contained in the email which hinge on personal
attacks, I have no comment.
Hope this
nips the cancer in the bud and clarifies the mischief. Wishing you a good start
to the week ahead.
Dr Edwin
Ngwafor
LLB
(SHEF), LLM (LOND), PhD (GLAS)
My response to Dr Edwin Ngwafor.
I have read the desperate write up by Dr Edwin Ngwafor in
which he raised some "legal" points which by his estimation could
exonerate the current SOBA General executive which coincidentally is headed by
his father from this shameful situation in which they have plunged SOBA into.
I will not go low in doubting his legal background but will
reaffirm the legality of the action taken by the Chapter Presidents who have
called for the Revival General Assembly.
1-The law states that if after three years a General
Assembly is not CONVENED by the executive........ The word CONVENE means
holding a meeting in the period considered. A meeting scheduled for a future
date outside the maximum three year period doesn't not eleviate the failure to
uphold the constitution which clearly specifies the actions to redress.
2- The Council meeting which took place in Douala is not a
General Assembly of the membership of SOBA and has no locus standi to call a
General Assembly. In Soba, we have a Statutory General Assembly, which is
supposed to take place at least once every two years, an Extraordinary Soba
General Assembly which can be summoned by the Executive President and a Revival
General Assembly which can be called by at least three Chapter Presidents.
3- The Chapter representatives that attended the COUNCIL
meeting in Douala were there in their capacity as executives and the fact that
they participated in the meeting did not transform the same meeting to General
Assembly of the membership and neither did it erase the constitutional
provisions of Article 23 (2).
The fact that you call a meeting after the constitutional
deadline does not at anytime mean you
have cured the mischief. The Chapter Presidents have therefore reacted within
the Law.
4- It is misleading when the Doctor of Law says an
announcement made on the 16th by the Council on category of persons (with a
different nomenclature (GA), agenda(Elections and constitutional revision) and
purpose) annuls another announcement made on the 17th by a different category
of persons 3 Soba Chapter Presidents (with different nomenclature (RGA), agenda( rendering of administrative,
financial and 75th Anniversary Report by Soba Executive ) and purpose. From the above you will bare with me that
this is a desperate legal misnomer to avoid responsibility of the current
executive to render public its accounts reports to Sobans. A consequence of the
failure to an remain association.
5- The learned Doctor Edwin Ngwafor wrote *Granted, the
General Assembly has been delayed by approximately 18 months (1.5 years),
nevertheless it was still convened before any call for a Revival General
Assembly had been initiated. All within the provisions of Article 23(2).
Frankly explaining this to a legal practitioner is embarrassing." The first thing to note here is that the
learned friend acknowledges the fact that the executive has failed to CONVENE a
General Assembly within the period stipulated by the constitution. Secondly he reiterates his ignorance of the
fact that the Chapter Presidents have already taken judicial knowledge of the
fact that no GA had taken place for the past 3 years and NO ANNOUNCEMENT or
calling for a meeting changes that fact. They have acted therefore within the
framework of the SOBA constitution which I have personally encourage all to
work within. Furthermore, the spirit of Art 23 (2) is clear that after 3 years
without a GA called by the Executive, they have inadvertently relinquished the
right to do so reason for the provision of a RGA . It goes without saying that
the Executive had been estopped by the 3 years provision. That's why they tried
to trick the other chapters to attend a council meeting to call a GA but "
TOO LATE HEWITT. " Any move by the Executive to call a GA after the 3 years
provision is TIME BARRED.
6- The erudite Doctor
further opined "If there were adequate confidence levels pertaining to the
security situation in Buea, why did the sponsor not obtain the signatures of
three Chapter Presidents or request the Principal of Sasse College to call this
Revival General Assembly as provided by the constitution? This is very
interesting because he is of the opinion that 3 chapter presidents should have
signed the call for the RGA. This explains clearly that the learned Doctor of
Law is of the opinion that all the aforementioned points warrants the call for
a RGA but that the necessary signatories MUST constitute an integral part of
the call.
Dr Edwin Ngwafor, the RGA was effectively called by the
Presidents of TIKO, BUEA, LIMBE, MUYUKA AND endorsed through a phone by the
President of BAMBILI who was called by Mr Ngufor on the instructions of the
President General to retract his endorsement. The same call was made to all the
signatories who maintained their positions. So, Dr I hope you now appreciate as
I do that the RGA was legally and legitimately called.
7- Concerning His
Lordship the Bishop of BUEA, He was visited by my humble self and Dr Foncha
because as a moral authority it will be polite to hand his invitation
personally. His Lordship was very happy
with the meeting and promised to slightly change his programme and leave
Bonjongo (where he has a prior
engagement) earlier inorder to say a Mass at 1pm. He wished the organisers well
and promised his support. NO ONE PURPORTED that he will say a Mass, he said
that himself and wrote it in his dairy. Unfortunately he has since retracted
his commitment which doesn't change to position of the RGA. I will not go
further on the matters surrounding His Lordship change of mind out of respect.
8- The learned Doctor states in his missive "The writer
of the email must note that not only has his action been already considered to
be based on a flawed premise, but further insistence with letters, emails, and
correspondence replete with infelicities (Un-SOBAN) circulated frantically the
world over is sadly a desperate and disrespectful attempt to advance
falsehoods. This is contempt of our governing document......"
From this outburst, it is clear that the learned Dr is
frustrated by his inability to defend a matter in the "undefended
list." Going personal and struggling to propagate Daddy's campaign brings
us to an embarrassing conclusion that whilst others are thinking of the future
of SOBA others are looking at the next SOBA elections. Why not just tell Daddy to come to Buea and
give accounts of His stewardship at the helm of our prestigious SOBA? Why not
remind him that moderates are talking of reports but if delayed, it can be
taken over by radicals or extremists who will ask for his out right resignation
for incompetence.
9- The Dr writes "The author of the email clearly
ignores or disrespects the Bishop’s position of dissociating from the Revival
General Assembly," however it was this same Bishop who was so respected by
the said sponsor humbly handing him the letter calling the revival and being
presumptuous to assume the Bishop will celebrate mass before the start of the
meeting, a fortiori.
Sorry Doctor, those who went to get a document from the
Bishop are those who refused to respect his call for peace and if they had
accepted that call, maybe the conveners of the Legal RGA and the Time BARRED GA
might have come on common grounds but that didn't happen. The call by the
Bishop mentioned above makes it clear to you when he says we should go ahead. Like Christians we believe and stand by the
WORD of His Lordship.
10- The Dr continued, "the constitution is silent on
the venue of the General Assembly. There is no provision in the constitution
that requires all SOBA General Assembly meetings be held in Sasse
College." Like the case of local chapters it could rotate from house to
house or with diaspora chapters from city to city, similarly the SOBA General
Assembly can hold in any venue in any city within the national territory from
the Far North to the South, East to the West. For example it could well hold in
Buea but not necessarily in Sasse College. Feel free to prove me wrong and I
will concede."
I wish to intimate to my learned friend that as a Common law
lawyer which you, the venerated PG and humble self are, you are not alien to
the WORD CUSTOMS AND TRADITION. When we studied in Sasse we always had
unwritten laws called Sasse Tradition.
As Sobans we also have what is called Soba culture. This are unwritten
rules which has gained the force of Law overtime(not a tutorial). The venue of
Soba General Assemblies have been the College and on St Joseph's feast days.
That is our tradition.
That said, I pray you discuss with your Dad, the PG, and
introspect very spiritually and for the General good of Soba on the following
questions;
1- Is it wrong to ask
for accountability and reports from a Leader? If No why are you scared of
giving us the financial accounts.
2- Why do you tailor a constitution of an association in
your law office which is not made of Sobans and therefore void of the Soban
spirit (and say loudly in a meeting in Yaounde after a few glasses that the new
constitution is a knock out for any other candidate for the Presidency) without
consulting the general assembly and even went further to address very
respectable Sobans from the SW/NW who called the RGA Ruffians?
3- Why the all meddling with Soba UK (a thriving chapter)
when SOBA Cameroon cannot even hold or CONVENE a General Assembly in 4 years
and has produced no accounts. Is Daddy not struggling to stand by a failing
group (the one you belong to) instead of genuinely seeking to unify Soba UK?
Getting involved with Soba UK as a biased mediator is akin to committing
political suicide.
4- Why call chapter Presidents who called the RGA to retract
their signatures if you think their call is illegal?
Dr Ngwafor Edwin, tell your Dad to trust in God and do the
right instead of going into the social media to answer questions which are not
even remotely connected to you in a bid to beat the drum of a weak and
ineffective regime?
The time has come for SOBA to be revived, the time has come
when SOBA will be made strong again, this is the time, this is Soba time. See
you on the 4th of March 2018 in BUEA.
Barrister KAMENI JOHN SICHUI
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