Chief Obasi Lawson Vs Elder Chinedu Okoronkwo &ors (2018)

LAWGLOBAL HUB Lead Judgment Report

EJEMBI EKO, J.S.C.

The main appeal and the challenge to the competence of the appeal, vide the motion on notice filed on 6th September, 2018 challenging the competence of the appeal, were argued together on 25th September, 2018. The said Motion on Notice prays for –

An Order striking out the Notice of Appeal No. SC.15/2018 dated 19th day of February, 2018 and filed on 20th February, 2018 by the Appellant in this appeal and/or dismissing the appeal for being incompetent and a mere academic exercise.

The motion was predicated on the following grounds –

a. The purported tenure of the Appellant as the National President of IPMAN commenced on the 20th day of March, 2014 by virtue of the judgment of the Federal High Court, Port-Harcourt in (the) suit No. FHC/PH/CS/12/2014 – AUSCO OIL LIMITED & 17 ORS v. REGISTERED TRUSTEES OF IPMAN & 9 ORS delivered on the 20th March, 2014.

b. The purported appointment of the Appellant by the Federal High Court, Port-Harcourt in the aforementioned judgment in suit No. FHC/PH/CS/12/2014 was made pursuant to the

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purported IPMAN 1997 Constitution which in its Article XI(viii) provides for a Tenure of 3 years for the office of the National President.

c. That as at 20th day of February, 2018 when this appeal was filed, the Appellant no longer has any enforceable rights and obligations being that the said Appellant’s three (3) years tenure of the purported office of IPMAN National President had expired on the 20th day of March, 2014.

d. The Respondents shall rely on the Notice of Appeal filed on the 20th day of February, 2018 by the Appellant, the Appellant’s Brief of Argument filed in the Appeal on the 28th day of July, 2018, the motion for Stay of Execution filed on (the) 27th day of July, 2018 and all other processes with documents attached as exhibits therein.

On 14th September, 2018 the Appellant, as the Respondent in the motion filed on 6th September, 2018 challenging the competence of his appeal, filed a counter-affidavit wherein it is averred inter alia that “all the parties” to suit No. FHC/PH/CS/12/2014, who were “all parties before the Court of Appeal Port-Harcourt, on 17th May, 2016 filed Terms of

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Settlement before the Court, – wherein they unanimously agreed amongst other things,” that –

“Chief Obasi Lawson (the Appellant herein) shall be, and remain, the National President of IPMAN in line with the Constitution of Independent Petroleum Marketers Association of Nigeria (IPMAN) 2009 (As Amended) with a tenure of office of Five (5) years. His tenure shall begin to run from the date this Terms of Settlement is filed at the Court (of Appeal) and/or adopted and entered by the Court as Consent Judgment in accordance with the said Constitution.