A Federal High Court sitting in Lagos has vacated an ex-parte order it granted on January 9, 2019 stopping the conduct of election into the different offices of the Registered Trustees of the Association of Nigeria Licensed Customs Agents (ANLCA).
Justice Saliu Saidu lifted the restraining order after listening to an application filed by two members of the association, Dada Awosika and O.A Yakubu, asking the court to set aside the order for lack of Jurisdiction.
A faction of the association in Lagos State, led by Batuns International Global Link and Babatunde Adekoya had sued the Registered Trustees of the Association and 19 others, urging the court 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 arguments from lawyers to all the parties on the notice of preliminary objection and the application seeking to the discharge the interim order suspending the election held that, “there is nothing before the court to show that Section 26 (4) of the ANLCA Constitution has been complied with by the plaintiffs.”
The court also held that the plaintiffs been aware of the provisions of Section 26 of ANCLA Constitution refused to disclose same to the court before obtaining the ex- parte order.
He stated that if all the plaintiffs are seeking for the interpretations of the ANLCA Constitution, then there won’t be need for an interim order of the court.
Justice Saidu consequently, discharged the ex- parte order it granted on January 9th this year.
The judge further granted stay of proceedings in the matter pending the arbitration proceedings by the parties in accordance with the constitution of ANLCA.
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 ex-parte order made on the January 9, 2019, which the court ought not to have made.
Meanwhile, the plaintiffs in the matter had also obtained another ex-parte order on the same subject matter and parties, from a Badagry High Court of Lagos State, restraining the defendants from conducting elections into the different offices of the association in Lagos State.