Justice Akintunde Savage of the Lagos High Court, Ikeja, has dismissed a preliminary objection seeking to halt the suit filed by executives of the Association of Nigerian Licensed Customs Agents, ANLCA, Muritala Mohammed Airport Command, MMAC, over the leadership of the chapter.
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The applicants in the suit, marked ID/8399GCM/202, are Bamgbala Abayomi Adewusi, Davis Ben Chukwuneye, Sylvester Osa Iyamu, Lekwauwa Ifeanyi Valentine and Okere, who instituted the action on behalf of themselves and the MMAC leadership.
The respondents, Akindele Temitope, Alhaji Taiwo Mustapha, Prince Over Chukwurah, Emenike Nwokeoji and Elder Olumide Fakalu, were sued on behalf of the National Executive Committee and the Incorporated Trustees of ANLCA.
The respondents had urged the court to decline jurisdiction, arguing that the matter amounted to re-litigating issues already decided by the Badagry division of the High Court.
But Justice Savage held that the suit did not amount to an abuse of court process because the parties and the cause of action differed from those in the earlier judgment.
According to the judge, the Badagry court’s judgment concerned a different set of events, while the present dispute arose after the alleged first respondent became chairman of the MMIA chapter and after his tenure expired in 2022.
He further held that the authorities cited by counsel for the applicants did not support the respondents’ position.
The court also ruled that a judgment obtained in a separate matter cannot be used to displace sitting executives whose tenure had already run its course.
Justice Savage concluded that the preliminary objection lacked merit and dismissed it, awarding a cost of ₦25,000 in favour of the claimants.
Following the ruling, the current MMAC chairman, Prince Bamgbala Adewusi, thanked members for standing firm throughout the prolonged leadership tussle.
He urged them to remain focused on the operations of the command, stressing the strategic importance of customs agents in national trade. He also called for the reopening of the chapter secretariat.
Adewusi told journalists in Lagos that both the court judgment and police investigations had affirmed him as the legitimate chairman of the MMAC.
He added that the court confirmed that his tenure remained valid and could not be terminated by either Tope Akindele or Bola Asiru, insisting that attempts to remove him did not comply with the association’s constitution.
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