Court Strikes Out Suit Challenging Association Of Persons With Disabilities (JONPWD), Leadership

Justice Othman Musa of FCT High Court, Bwari on Wednesday struck out a suit, filed by Stanley Onyebuchi and four others against Incorporated Trustees, National Association of Persons with Disabilities (JONPWD) and 8 others for lack of legal capacity.

In his ruling, Musa held that the Claimants failed to convince the Court of their right to sue in respect of the reliefs claimed before the Court.

He noted that the issue of locus standi does not depend on the success or the merit of the case but on whether the party sueing had legal right in the subject matter of the dispute.

Musa also ordered that the claimants pay a cost of N50, 000 to the defendants following an application by the defendants’ counsel, Mr Paul Eshiemomoh, to cover the defendants transportation fees, within the period of trial.

The claimants had asked among others that the court, ordered that failure and refusal of Ekaete Umoh, President of the association and her Executive Council to follow due process according to the associations constitution, was illegal.

“That refusal of the defendants to convene the National Congress of the Incorporated Trustees of JONAPWD, at least three months before the end of its tenure schedule April, 18, 2018 was illegal.

“The process was so as to set in motion the machinery for organisation of the National Convention of the association at which the association’s new executive officers were yet to be elected.

“That failure to do so violates Article 11(11) of the association’s constitution and is therefore null and void.

“That the continuous stay in office of Ekaete Umoh and her executive council from April 16, 2018 to Nov. 16, 2018 contravenes Article 8(4) on the associations’ constitution and is therefore illegal. ”

Mr Paul Eshiemomoh, Counsel to the defendant had earlier, prayed the court via a preliminary objection to strike out the suit for lack of jurisdiction.

He also argued that the court disregard the suit on the ground that the claimants lacked locus standi to institute the suit in their personal names on behalf of the respective state chapters of the association.

Eshiemomoh also prayed the court to order the claimants to pay the defendants the sum of N300, 000 for their transportation to and fro the court, considering the number of times they have been in court.

Earlier, Counsel to the claimants, K. O Lawal stated that the defendants positions and tenure in the association were not by election and that they had personal interests in the association.

Lawal also said that the actions and conducts of the defendants threatened the interest and right of all members of the association.

He also argued that the application for cost by the defendants counsel was baseless and therefore, should be disregarded by the court.