Election: Court Lifts Restraining Order On ANCLA

By
Kazeem Tunde
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401

Election: Court Lifts Restraining Order On ANCLA

A Federal High Court sitting in Lagos has discharged it’s earlier ex-parte order granted  on the January 9, 2019 stopping the conduct of election into the different offices of the Registered Trustees of Association of Nigeria Licensed Customs Agent (ANCLA).

Justice Saliu Saidu discharged the restraining order, following an application filed by  Mr Dada Awosika and O.A Yakubu asking the court to set aside the order for want of Jurisdiction.

A faction of the association’s members in Lagos State led by Batuns International Global Link and Mr Babatunde Adekoya had sued the Registered Trustees of the Association of Nigeria Customs Licensed Agent, (ANCLA) and 19 others, praying the court among other reliefs, for an order stopping  the defendants from conducting elections into the different offices into the Lagos chapter of the association.

Other defendants in the suit are: Mac-Tonnel Nigeria Limited, Mr. Tony I. Nwabunike, Wealthy Honey Investment Limited, Mr. Kayode Farinto, Mickey Excellence Nigeria Limited, Mikhaila Babatunde and 13 others.

Justice Saidu after listening to parties on defendants notice of preliminary objection and application seeking the discharge of the interim order suspending election into the different offices of the association’s  body, held that  “there  is nothing before the court to show that section 26 (4) of the ANCLA constitution has been complied with by the plaintiffs.”

The Judge further ruled  that the plaintiffs been aware of the provisions of section 26 of ANCLA refused to disclose same before the court in obtaining the ex- parte order.

The judge said that if all the plaintiffs is seeking for is the interpretation of the ANCLA Constitution, then there won’t be need for an interim order of the court.

Justice Saidu consequently, discharged the ex- parte order it’s granted on January 9

The judge further granted stay of proceedings in the matter pending the arbitral proceedings by the parties in accordance  with the constitution of ANCLA.

In the defendants’ application dated January 16, 2019, they asked the court to strike out the plaintiffs’ suit as the court lacked the jurisdiction to entertain it.
Defendants also prayed the court for an order setting aside the interim order made ex-parte restraining them (defendants) as same was made without jurisdiction and for an order directing the Chief Registrar of the Court to make enquiries as to the damage suffered by the defendants by reasons of the exparte order made on the January 9, 2019, which the court ought not to have made.

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