By Roy Ofori, African Heritage Global Affairs Editor
In a landmark judgment that brings to an end over eight years of protracted litigation, the Vienna Higher Regional Court (Oberlandesgericht Wien) has dismissed the appeal filed by Dr. Camillus Konkwo against Hon. (Dr.) Kenneth Gbandi and members of the then NIDOE (Nigerians in Diaspora Organisation Europe) Central Executive Committee.
The Austrian Appeals Court, ruling under Case No. 33 R 170/24y, upheld an earlier decision of the Vienna Commercial Court delivered on 22 July 2024 (57 Cg 16/18f-135), which found no merit in Dr. Konkwo’s claims of unlawful dismissal and defamation.
Dr. Konkwo had sought over €100,000 in compensation for alleged wrongful removal from his position as Welfare and Social Event Officer within the NIDOE Europe Executive, claiming the decision violated organizational procedures and damaged his reputation. In addition, he had accused Hon. Gbandi of corruption, intimidation and alleged many other unprintable allocation against Hon. Gbandi.
However, the appellate panel comprising Presiding Judge MMMag. Frank, Dr. Schober, and Commercial Councilor Ing. Mitsch ruled that Hon. Gbandi and his executive team acted in accordance with the NIDOE Constitution and in good faith. The court reaffirmed that the NIDOE Europe structure operates as a federation of autonomous country organizations, with the European body (registered in the UK as a Company Limited by Guarantee) having no individual natural members.
The judgment emphasized that disciplinary or administrative actions taken by the NIDOE Europe Executive fell within its legitimate authority, particularly regarding issues affecting internal harmony and governance.
Furthermore, the court rejected the testimonies of Dr. Konkwo’s key witnesses including Mr. Henry Oguine, Mr. Bolarinwa Kazeem Ojoye, and Dr. Jones Edobor describing them as “not very credible” and insufficient to support the plaintiff’s case.
In dismissing the appeal, the court ordered Dr. Konkwo to pay €5,490 in legal costs to the defendants and ruled that no further appeal (ordinary revision) would be allowed.
The decision, as sighted by African Heritage Magazine, reaffirms the earlier position of the lower court and vindicates the leadership of Hon. (Dr.) Kenneth Gbandi, who served as NIDOE Europe Chairman from 2016 to 2020.
Legal observers note that the case had drawn significant attention within the Nigerian Diaspora community across Europe, given its implications for the governance structure of NIDOE and the autonomy of its national chapters.
With this ruling, the Austrian judiciary effectively closes one of the longest and most contentious internal disputes in NIDOE’s history bringing long-awaited clarity and finality to the organization’s legal and leadership framework.
When contacted, Hon. Gbandi welcomed the ruling as an exoneration of himself and his executive fron a well orchestrated campaign of calomy which have not stopped in certain quarters till date to discredit him and his outstanding leadership and contributions to Nigeria and her Diaspora community . He expressed appreciation to almighty God that both an European court and Appeal court have given him and his executive a clean bill. „This is a victory for the rule of law and for all the past NIDOE leadership“ Gbandi stated. Members of Gbandi Executive included in the legal battle include: Yilsen Dasar; Chibuzo Ubochi; Celement Adaobi; Ogunsakin Abiodun Moses; Adeyemi Ademuyiwa; Cornelius Obot; Ifeyinwa Helen Dorkenoo-Onwuzuruigbo, and Monika Emmanuel.
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