Francis Ogboro V. The Registered Trustees Of Lagos Polo Club & Anor (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

YARGATA BYENCHIT NIMPAR, J.C.A. (Delivering the Leading Judgment)

This appeal is against the judgment of the Federal High Court?delivered on the 31st March 2014 by HON. JUSTICE SALIU SAIDU?wherein the Court below refused all the reliefs sought by the Appellant in?an originating summons seeking the determination of certain questions and reliefs upon answers to the questions.

Briefly, the Appellant a member of the 1st Respondent and was its captain. He wrote to the Nigerian Polo Federation a letter dated 18th September, 2009 calling on the National body to intervene in certain matters, particularly the attempt by the main committee of the 1st Respondent in seeking to convene an Extra ordinary General Meeting for 24th September, 2009, for the purposes of amending Clause 16F and the tenure provisions of the Lagos Polo club. The Appellant alongside 28 other members of the club later wrote the 1st Respondent on the 19th September, 2009 raising reservations on the procedure adopted for the proposed amendment and the letter was copied the National body.

?On receipt of the letter, the president of the Club requested that

deliberations on the proposed amendments be suspended. Thereafter a member of the club, Habeeb Fashinro petitioned against the Appellant to the main committee of the Club on the letter written by the Appellant to the Nigerian Polo Federation. The main committee constituted a subcommittee to investigate. The sub-committee invited the Appellant by letter to respond to the issues raised in the petition and the Appellant responded via letter dated 26th May, 2010.

Upon consideration, the subcommittee found that the Appellant’s letter to the Nigerian Polo Federation was not a private correspondence nor written in a private capacity, but in the Appellant’s official capacity, that the explanations offered by the Appellant lacked merit and therefore the letter was injurious to the interest of the 1st Respondent. The sub-committee recommended to the main committee that the Appellant be asked to resign from the club within one week failing which he should be expelled under clause 15(a) of the club’s Constitution.

?The main committee met and instead of demanding for the resignation of the Appellant suspended him for 11 months from the club and demanded for a letter of

apology from the Appellant in addition to asking him to retract the letter he wrote to the Nigerian Polo Federation dated 18th September, 2009. Aggrieved by the said decision of the main committee, the Appellant went to the trial Court seeking answers to 6 questions namely:

1. Whether by virtue of the entire provisions [especially Clause 15 [a] – [c] of the Lagos polo club, Ikoyi Lagos, Constitution, 1998, Plaintiff’s actions in writing Letter dated 18th September 2009 to the Nigerian Polo Federation inviting its intervention in certain matters of the Lagos Polo Club lkoyi amounts to Conduct Injurious to the Character And Interests of the Lagos2 Polo Club Ikoyi Lagos [hereinafter ‘the Club] under Clause 15 [a] – [c] & the entire provisions of the Lagos Polo Club, Ikoyi, Lagos Constitution, 1998 and necessitating the threat issued and by Letter dated 30th June 2010 [but received by the Plaintiff on 1st July 2010] of suspension of the Plaintiff for a period of Eleven [11] Months beginning 16th July 2010 to 17th June 2011 as a Member of the Lagos polo Club lkoyi?

?2. Whether by virtue of the entire provisions (especially Clause 15 [a] – [c] of the Lagos

polo club lkoyi, Lagos, Constitution, 1998, the Main committee of the Lagos polo club Ikoyi Lagos adhered AT ALL OR strictly to the Procedures provided in Clause 15 [a] – [c] & the entire provisions of the Lagos polo Club lkoyi, Lagos Constitution, 1998 in its deliberations of on or about the 26th day of June 2010 and necessitating threat issued and conveyed by Letter dated 30th June 2010 [but received by the Plaintiff on 1st July 2010] of suspension of the Plaintiff for a period of Eleven [11] Months beginning 16th July 2010 to 17th June 2011 as a Member of the Lagos polo club, Ikoyi on account of the Plaintiff writing Letter dated 18th September 2009 to the Nigerian Polo Federation Inviting its Intervention in certain matters of the Lagos polo Club lkoyi?

?3. whether by virtue of the entire provisions [especially clause 15[a]- [c]] of the Lagos Polo Club lkoyi, Lagos, Constitution, 1998, the Main Committee of the Lagos polo Club lkoyi, Lagos were expected to RELY on the opinion of the Disciplinary Committee of the Lagos Polo Club Ikoyi, Lagos in its deliberations of on or about the 26th day of June 2010 and necessitating the threat issue and conveyed by

Letter dated 30th June 2010 [but received by the plaintiff on 1st July 2010 of suspension of the Plaintiff for a period of Eleven [11] Months beginning 16th July 2010 to 17th June 2011 as a Member of the Lagos Polo Club Ikoyi on account of the plaintiff writing Letter dated 18th September 2009 to the Nigerian polo Federation Inviting its Intervention in certain matters of the Lagos polo Club Ikoyi?

4. whether by virtue of the entire provisions [especially clause 15 [a] – [c]] of the Lagos Polo club Ikoyi, Lagos, Constitution, 1998, the Opinion of the Disciplinary Committee of the Lagos Polo Club Ikoyi, Lagos can be affirmed by the Main Committee of the Lagos Polo Club Ikoyi, Lagos in reaching the conclusion that the Plaintiff writing Letter dated 18th September 2009 to the Nigerian Polo Federation Inviting its intervention in certain matters of the Lagos Polo club, Ikoyi amount to conduct Injurious to the Character And Interests of the Lagos Polo Club Ikoyi, Lagos [hereinafter ‘the Club] under Clause 15 [a] – [c] of the Lagos Polo Club Ikoyi Lagos Constitution, 1998?

The Appellant sought the following relief from the Court, they are as follows:

1. A

declaration THAT by virtue of the entire provisions(especially Clause 15[a] – [c]] of the Lagos Polo Club Ikoyi, Lagos, Constitution, 1998, plaintiff’s actions in writing Letter dated 18th September 2009 to the Nigerian Polo Federation inviting its intervention in certain matters of the Lagos Polo Club Ikoyi DOES NOT amount to Conduct Injurious to the Character And Interests of the Lagos Polo club Ikoyi, Lagos [hereinafter ‘the Club) under Clause 15 [a] – [c] & the entire provisions of the Lagos polo Clue Ikoyi Lagos Constitution, 1998 and necessitating the threat issued and conveyed by Letter dated 30th June 2010 (but received by the Plaintiff on 1st July 2010) of suspension of the Plaintiff for a period of Eleven (1l) Months beginning 16th July 2010 to 17th June 2011 as a Member of the Lagos Polo Club Ikoyi.