Court Halt Lagos Country Club AGM

The Federal High Court sitting in Lagos has ordered all waring factions in the Lagos Country Club to maintain status quo, pending the hearing of the suit filed by the club’s Registered Trustees.

Justice Ambrose Lewis-Allagoa made the order on Wednesday sequel to an application of the counsel to the plaintiff Dr Kemi Pinheiro SAN.

Pinheiro had urged the court to compel parties not to take a step that will tempered with the subject matter of the suit.

A Senior Advocate of Nigeria, Mr. Babs Fashanu who appeared for himself equally urged the court to make an express order to restrain anybody from taking any further steps pending the hearing and determination of the suit.

The suit filed by the Club’s Registered Trustees against 19 members of the clubs over the Club’s Annual General Meeting (AGM) scheduled 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 Thanni.

The defendant’s counsel A. B. Ogunsusi said that the plaintiff can not be talking about interim order because it’s the prayer on the substantive matter before the court.

But Pinheiro said that the adjournment of today (Wednesday) is orchestrated by the defendants so that they carry out their planning of conducting elections which is the subject matter of this suit.

Justice Lewis-Allagoa in his short ruling said: “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 non of the party should take any step and whatsoever act pending the hearing and determination of this application. No letter or correspondences about elections which form the subject of this suit. I have said what I said. He who have hear, let him hear.”

The judge thereafter adjourned the hearing of the substantive suit to 6th of June, 2024.

The Registered Trustees of the Club instituted a suit 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, filed by its lawyer, Dr. Kemi Pinheiro (SAN).

He is seeking 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.

The trustees are also seeking for an Interlocutory Injunction pending the hearing and determination of the substantive suit, restraining the defendants, particularly the first, second, third, fourth, fifth, 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.

This include 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 tomake 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:

(a) 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.

“AN ORDER of perpetual injunction restraining 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, from further acting and/or participating in any deliberation by the Management Council of the Lagos Country Club, pending the determination of the petitions against them.”

He also stated that he is aware that by an order made on the 27th of February 2024, the Honourable Court, Osiagor J., directed that all parties maintain status quo and the defendants have been subsequently served with the Order and all other processes filed in this suit.

The deponent averred that despite being aware of the pending processes seeking injunctive reliefs against them in this suit and the directive of the Honourable Court that status quo be maintained, the Defendants including the first, second, third, fourth and eighth defendants, have proceeded during the pendency of this suit to inaugurate an Electoral Panel to conduct election into the offices of the Management Council and the Electoral Panel has by a Notice published on the 30th of April 2024, issued a timetable for the election and fixed the 31st of May 2024 (a date prior to the determination of this suit) as the date for the conduct of the election.