- He’s to pay N200,000 over frivolous appeal
The Court of Appeal in Abuja has affirmed a judgment of the Federal High Court, sacking Kabir Ibrahim as the President of the All Farmers’ Association of Nigeria (AFAN).
Justice Taiwo Taiwo of the Federal High Court (now retired) had, in the judgment delivered on March 24, 2022, restrained Ibrahim from further parading himself as AFAN’s president.
Justice Taiwo also declared the election held in Kano on April 10, 2021, by AFAN’s General Assembly, which produced Farouk Mudi (as the National President) and other members of the group’s National Working Committee (NWC) and National Executive Council (NEC) lawful and valid.
The judge ordered Ibrahim, whose tenure he said had held, had expired since June 14, 2019, to hand over the assets and property of the association in his possession and custody.
In its judgment yesterday, a three-member panel of the Court of Appeal unanimously affirmed Justice Taiwo’s judgment.
In the lead judgment, which Ibrahim filed, Justice Mohammed Danjuma resolved the two issues identified for determination against the appellant.
Justice Danjuma added: “This appeal is devoid of merit and it is hereby dismissed.
“The judgment of the lower court (Federal High Court), delivered on March 24, 2022, is hereby affirmed.
“A cost of N200,000 is hereby awarded against the appellant and in favour of the respondent (the Mudi-led AFAN).”
Justice Ali Gumel, who presided, and Justice Anthony Ogakwu, who was also on the panel, agreed with the lead judgment.
In his 2022 judgment, Justice Taiwo had held among others, that Ibrahim was no longer the President of the association.
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He said: “I have read the constitution of the association, which says the tenure of its elected officers shall be for five years.
“I find that the first defendant (Ibrahim) and the Exco were inaugurated on June 14, 2014.”
Justice Taiwo had also held that although Ibrahim claimed to have been inaugurated as the association’s president on June 15, 2014, in the affidavit he deposed to, there was evidence before the court that he was inaugurated on June 14, 2014.
He said the tenure of Ibrahim and the Exco he led ought to have expired on June 14, 2019, declaring that “at that point, the first defendant and his Exco ceased to be in office”.