Following several objections by members of the Sierra Leone Bar Association with regards to the Extra-ordinary General Meeting (EGM) slated for Monday 25 June 2018, Aminata Sillah, the Public Relations Officer, stated the Association is currently engaged in a series of consultations to put forward a formal statement and position on the sacking of the former Anti-Corruption Commissioner.
On the 22 June 2018, the Association called for an Extra-ordinary General Meeting (EGM) regarding the Anti-Corruption Commission.
Objections were raised by Jusu Kallon, a member of the Association. He pointed out the said notice 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.
“The notice of my objection to the holding of the proposed meeting scheduled for Monday, 25 June 2018,” Kallon stated, “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.”
Kallon requested that a proper 21 days notice be given to all members; failing which, any meeting held as an extra-ordinary general meeting or any special resolution emanating from will be illegal and in contravention of the aforesaid mandatory provisions of the company laws of Sierra Leone.
The Bar Association, in a press release, has acknowledged the statutory requirement in respect of the notice period for the calling of an Extra-ordinary General Meeting is 21 days in accordance with Section 189 (1) of the Companies Act of 2009.
“However, we have as an Association, in the past, held several such EGMs where notice given for same fell short of this period on the tacit general understanding that it was so done in accordance with the provisions of S.189 (2) (b) which provides as follows: In light of the several objections raised it is apparent that the usual unanimous mandate to proceed with such meetings in accordance with Section 189 (2)(b) of the Companies Act of 2009 is absent in the present case.” the release stated.
In consequence of the above, the meeting slated for Monday 25 June 2018 is cancelled until further notice.
SV/25/6/18
By Sylvia Villa
Tuesday June 26, 2018.
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