Alhaji Bashir Ahmad Dan Mallam & Ors V. The Registered Trustees Of Independent Petroleum Marketers Association Of Nigeria (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

UWANI MUSA ABBA AJI, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the High Court of justice, Kano State, holden at Kano in Suit No. K/274/2014, delivered by Justice Ibrahim Umar on 29/12/2014, wherein the Appellants’ Originating Summons at the lower Court were struck out for being an abuse of Court process.

The Appellants’ Originating Summons at the lower Court contained at pages 13-15 of the records dated and filed on 3/6/2014 sought for the following reliefs:

1. Whether by the provision of Article 2(ii) 7 (B) and 8(C) of the Constitution of Independent Petroleum Marketers Association of Nigeria, the defendant through its agents or officers can interfere, disrupt the operations or activities and affairs of the plaintiff.

If the answer to the forgoing question is in the negative, the plaintiffs pray for the following:-

1. A declaration that by virtue of Article 20 (ii) of the Constitution of Independent Petroleum Marketers Association of Nigeria, the Defendant cannot interfere, disrupt the operations or activities and affairs of the plaintiffs,
2. An Order of mandatory

1

injunction restraining the Defendant either by itself or through its officers or agents from interfering, disrupting the operations or activities and affairs of the plaintiffs.

The Respondent by a Notice of Preliminary Objection contained at pages 70-71 of the records objected to the suit of Appellants and sought for these orders on the following Grounds:

1. AN ORDER of this honourable Court setting aside/discharging the interim order of injunction made by this honourable Court on the 3rd October 2014 for non-disclosure of material facts, being an abuse of Court process and for want of jurisdiction,
2. AN ORDER dismissing the entire suit for want of jurisdiction and for being an abuse of Court process.
3. An order dismissing the suit for being premature and being initiated by persons who have not exhausted the condition precedent as provided by their Constitution,
4. AND FOR such further order/orders as this honourable Court may deem fit to make in the circumstances of this case.

GROUNDS UPON WHICH THE APPLICATION IS BROUGHT:

A. That the plaintiffs’ suit is premature and grossly incompetent having been brought to Court

2

without the plaintiffs firstly exhausting all constitutional avenues clearly stated in IPMAN Constitution for resolution of disputes before litigation, thus this Honourable Court?s jurisdiction has not been properly ignited.

B. The Plaintiffs/Respondents filed this suit after having been aware that there is a similar suit No. FHC/PH/CS/2014 in the Federal High Court Holden in Port Harcourt, Rivers State and even congratulated the President of Respondent on the matter in a National Daily Dated (Friday 9th May of May, 2014, at page 43 Daily Trust) but turned, somersaulted and deliberately refused to be a party to orderliness and noble objectives of the defendant to mislead this Honourable Court by way of self induced urgency to issue them with an interim order.

C. The Plaintiffs/Respondents failed or refused to disclose to the Court that they have also filed a similar suit before the Abuja High Court Suit No. FCT/HC/CV/1479/2014 and Magistrate Court Kano State before Honourable Mr. Kabara all in their desperation to mislead and thwart justice by always using different persons in suits whose facts are similar to the facts and circumstances in the

3