Crisis Rock ICAN As Members Head To Court Over Disputed Election Rule

 

Members of the Institute of Chartered Accountants of Nigeria (ICAN), have cried foul over a third-party payment ban by the institute, even as they threaten to seek a High Court injunction.

The situation follows the issuance of controversial election guidelines that could bar numerous members from voting in the upcoming 2025 council elections.

In a pre-action notice dated 23 May and addressed to the ICAN Registrar, the law firm Abimbola & Abimbola, acting on behalf of a coalition of affected members, challenged the legality of a new directive that prohibits the payment of annual membership fees via third parties in an election year.

The coalition described the guideline as “illegal, unconstitutional, and ultra vires”, the solicitors argued that it is inconsistent with the ICAN constitution, codified in Chapter 185 of the Laws of the Federation of Nigeria 2004.

"Our clients are troubled by the lack of constitutional authority for such a sweeping restriction,” wrote A.J. Arinze, Esq., the lead counsel. 

“This directive appears designed to disenfranchise legitimate members from exercising their constitutional right to vote in the ICAN elections scheduled for Tuesday, 27 May 2025.

”The legal notice further demands that ICAN provide specific statutory backing for the controversial clause and cease enforcement immediately. Failing a satisfactory response by 1:30 p.m. today, the claimants intend to approach the High Court for an injunction and other reliefs.

According to the pre-action notice, the members are preparing to seek: A declaration that the guideline is void and unconstitutional; An interim and interlocutory injunction restraining ICAN from implementing the directive; A ruling affirming members’ right to pay fees via any lawful means, including by proxy, friend, employer, or association; An order of perpetual injunction barring ICAN from delisting members over such payments; And ₦10 million in damages for emotional distress caused by the publication and enforcement threat.

The notice cites the "Supreme Court decision in Ojukwu v. Governor of Lagos State (1985) 2 NWLR (Pt 10) as a caution against executive overreach and unilateral action pending judicial review. 

As at the time of going to press, ICAN had not issued an official statement on the matter. However, sources within the institute indicate the new rule has caused internal concern, particularly with less than a week before the council elections.

However, legal experts say the case, if filed, could have far-reaching implications for how professional bodies in Nigeria regulate internal elections and member participation.