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KUALA LUMPUR, Mon: Lawyer Boniface Lobo a/l Robert Lobo has filed a suit against the Bar's immediate past president, Yeo Yang Poh, current president, Ambiga Sreenevasan and the Malaysian Bar.

The originating summons and affidavit which were filed on May 30 this year were only served on the parties about a week ago.

Lobo, who has also named the Malaysian Bar as the 3rd defendant, said in his affidavit that he is suing Yeo, Ambiga and the Malaysian Bar on his own behalf in a derivative capacity as representing all the other members of the Malaysian Bar and the Malaysian Bar except for Yeo, Ambiga and the Bar Council. As regards Yeo and Ambiga, they were cited as being sued respectively as the 1st and 2nd defendants on behalf of themselves and as representing other members of Bar Council 2006/2007.

Lobo seeks the following reliefs:

1. (a) A Declaration that the Extraordinary General meeting (EGM) of the 3rd Defendant purportedly held on 16.11.2006 is null and void as being conducted contrary to law and the Legal Profession Act 1976.

(b) An order that a fresh EGM be convened by the 3rd Defendant to consider and if deemed fit to pass the election motion dated 01.11.2006 proposed by a senior member of the 3rd Defendant and seconded by the Plaintiff, and the said fresh EGM, be chaired by a former President of the 3rd Defendant excluding 1st or 2nd Defendants.

2. A Declaration that the Bar Council elections 2007/2008 conducted by the Bar Council of the 3rd Defendant in the month of November 2006, and purportedly completed in March 2007, be declared null and void;

3. A Declaration that on a true construction of Sections 50, 56 and 57 of the Legal Profession Act 1976, the appointment of the 2nd team of scrutineers namely, Zain Azahrai, Zainuddin Ismail and M. Puravalen on 23rd February 2007 by the 1st and 2nd Defendants and then Bar Council of the 3rd Defendant is ultra vires the Legal Profession Act and accordingly inoperative null and void.

4. Consequent thereto, a Declaration that all 12 persons purportedly declared as elected to the Bar Council 2007/2008 by the said 2nd team of scrutineers vide their report dated the 26th of February 2007, and who have taken office as newly elected Bar Council members on the 17th March 2007 for the period 2007/2008 be restrained forthwith from acting or continuing to act as members of the Bar Council and officers of the 3rd Defendant.

5. Consequent thereto an order that the recommendation of the 1st team of scrutineers contained in their Report dated 01.12.2006 with regard to the conduct of fresh election for 2007/2008 (“the fresh elections”) be adopted and implemented by the 3rd Defendant under the direction of this Court forthwith and that the costs and expenses of the said fresh elections be paid out by the 1st and 2 d Defendants and or the 3 rd Defendant.

6. An order that this Honourable Court, after the fresh elections and after due notice to the candidates, publish the results of the fresh elections and declare as elected the candidates with the highest number of votes cast;

7. A Declaration that on a construction of Sections 47 to 54 of the Legal Profession Act 1976 the 2nd Defendant was and is at all material times not entitled to be elected as and act as the President of the 3rd Defendant and Chairman of the Bar Council.

8. An order for assessment of damages by the Senior Assistant Registrar, to be paid to the 3rd Defendant by the 1st and 2nd Defendants for breach of statutory and or fiduciary duty owed to the 3rd Defendant by the 1st and 2nd Defendants and or its members.

9. That the Plaintiff and or the 3rd Defendant be at liberty to seek further directions of this Court if and when necessary;

10. Such further or other Relief, Order or Directions as is just at the discretion of the Court;

11. The costs of this action be paid by the 1st and 2nd Defendants to the Plaintiff or

12. The Plaintiff be indemnified for his costs and expenses in this action by all the Defendants jointly or severally as is deemed just and equitable by this Court.

The grounds of Lobo's application together with the originating summons can be downloaded by clicking here.

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