JUSTICE Ambrose Lewis-Allagoa of a Federal High Court in Lagos has ordered all warring factions of the Lagos Country Club to maintain status quo, pending the hearing of a suit filed by its Registered Trustees to halt the conduct of the Annual General Meeting (AGM).
The judge made the order on Wednesday following an application filed by the plaintiff’s lawyer, Dr Kemi Pinheiro (SAN).
Pinheiro had urged the court to compel parties not to take any step that would tamper with the subject matter of the suit.
A senior Advocate of Nigeria (SAN), Babs Fashanu, who appeared for himself equally urged the court to make an express order to restrain all parties from taking any further steps pending the hearing and determination of the suit.
The suit was filed by the Club’s Registered Trustees against 19 of its members to challenge the conduct of the Annual General Meeting (AGM) scheduled for May 30 and 31, 2024.
The defendants in the suit marked FHC/L/CS/321/2024 are Seyi Adewunmi; Engr. Tunji Amosu; Dr. Tunde Bajela; Otunba Bimbola Olaniyi; Asiwaju Olasunkade Azeez; Mr. Ose Lato; Mr. Babajide Egbele; Arc. Adetokunbo Ashiru; Barr. Bunmi Sosanya; Mr. Adetayo Adegboye and Prince Owolabl Mumuni.
Others are Mr Olufemi Azeez; Princess ‘Tola Oladoyin; Mr Tom Olurinola; Barr, Babs Fashanu (SAN); High Chief Ayoko Olusoji H.; Mr Semoore Badejo; Mr Tunji Lawal and Mr Tunde Thani.
At Wednesday’s proceedings, the defendant’s lawyer, A. B. Ogunsusi, argued that the plaintiff could not be talking about an interim order because it’s the prayer on the substantive matter before the court.
But Pinheiro responded that the adjournment of Wednesday was orchestrated by the defendants so that they could carry out their plan of conducting elections which was the subject matter of this suit.
In a short ruling, Justice Lewis-Allagoa held that; “pending the hearing and determination of this application, I ordered that the status quo be maintained. Meaning that no step should be taken by any party.
“In the interim none of the parties should take any step and whatsoever act pending the hearing and determination of this application. No letter or correspondence about elections form the subject of this suit. I have said what I said. He who has to hear, let him hear.”
The judge thereafter adjourned the hearing of the substantive suit to the 6th of June, 2024
The Registered Trustees of the Club instituted the suit by filing a motion on notice, pursuant to Sections 6 (6) & 287 (3) of the 1999 Constitution of the Federal Republic Of Nigeria (As Amended), Order 35 of the Federal High Court (Civil Procedure) Rules 2019, and under the court’s inherent jurisdiction of the court, through its lawyer, Dr. Kemi Pinheiro (SAN).
In it, the plaintiff is seeking for the following reliefs: “an order of mandatory injunction pending the hearing and determination of the substantive suit directing the defendants herein to immediately reverse, suspend and/or dissolve the electoral panel inaugurated by the defendants acting as the Management Council of the Lagos Country Club in total disregard of the pending process of the Honourable Court in this suit and in defiance of the clear and specific Directive/order of the Honourable Court made in this suit on the 27th of February 2024, that parties maintain status quo.
“An Interlocutory Injunction pending the hearing and determination of the substantive suit, restraining the defendants, particularly the first, second, third, fourth, sixth, and seventh defendants against whom petitions are pending, whether by themselves or through their agents, privies or otherwise howsoever described from taking any further steps towards the conduct of an election into the offices of the Management Council of the Lagos Country Club, including but not limited to presenting themselves up for re-election (either opposed or unopposed) into any of the offices of the Management Council of the Lagos Country Club, and/or from participating in any activity related to any election in respect of the offices of the Management Council of the Lagos Country Club allegedly scheduled to hold on the 31” of May 2024 or on any other date prior to the determination of this suit.
“An order of Interlocutory Injunction pending the hearing and determination of the substantive suit, restraining the defendants, whether by themselves or through their agents, privies, assigns or otherwise howsoever described from convening, conducting and/or participating in any Annual General Meeting scheduled for the 30th and 31st of May 2024, as officers of the Management Council of the Lagos Country Club and/or in furtherance of any re-election bid by the defendants. And for such further order(s)as this Honourable Court may deem fit to make in the circumstances”.
The plaintiff, in the affidavit in support of the motion on notice, deposed to by Chief Allan Olumuyiwa Williams, one of the constituting members of the Registered Trustees of the Lagos Country Club, stated that the institution of the instant suit is to seek amongst other reliefs for: “An order directing the first, second, third, fourth, sixth and eighth defendants against whom petitions bordering on matters/offences listed in Section 49(6) of the Registered Bylaws of the Lagos Country Club is pending and yet to be determined by the disciplinary committee to proceed on compulsory leave of office in line with the provision of Section 49(8) of the Registered By Law, pending the determination of the petitions against them”. [New Telegraph]
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