Author: The Nation

A Senior Advocate of Nigeria (SAN), Babatunde Fashanu, has appealed a ruling of the Federal High Court in Lagos delivered October 30, 2025  by Justice Ambrose Lewis-Allagoa  Lewis.

The first respondent in the appeal is the Registered Trustees of the Lagos Country Club (LCC).

The second to 12th respondents were sued as Caretaker Committee of the LCC, Ikeja pursuant to consent judgment in suit FHC/L/CS/321/2024 while 15 others were listed as respondents.

In the appeal, Fashanu complained over the whole of the decision of the lower court on October 30, 2025.

In his application, the SAN is contending that the learned judge erred in law in his decision to to hear the Notice of Preliminary Objection to the court’s jurisdiction to hear the substantive suit first before contempt proceedings for breach of the court’s order of status quo.

The senior lawyer contended that it was common ground that there was pending before the court contempt proceedings against some defendants/respondents for allegedly breaching the court’s orders of status quo in the suit.

Fashanu contended that the contempt matter is sui generis and ought to be taken on its own first before hearing the challenge to the court’s jurisdiction with respect to the substantive suit .

He argued that the court has a duty to ensure that its orders are obeyed and preserve the dignity of the court.

He submitted the decision is wrong in law in that the contempt proceedings are extrinsic to the substantive suit and ought to be heard before the challenge to the court’s jurisdiction.

The learned silk argued that it is common ground in the suit that the appellant had contempt proceedings pending for disobedience to court orders of status quo.

According to him, the defendants did not deny that certain actions were taken after the orders of status-quo were made, including conduct of elections.

He argued that contempt proceedings are criminal in nature and should first be dealt with by being given paramountcy over jurisdictional matters.

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He said it was incumbent on the lower court to first hear the contempt proceedings to preserve the dignity of the court.

He submitted that the judge misdirected himself in law in deciding to hear objections to the court’s jurisdiction before the appellant’s applications to set aside pre-emptive actions of some defendants.

The appellant urged the upper court to allow the appeal and set aside the decision of the lower court dated October 30, 2025 to hear the challenge of the court’s jurisdiction first before contempt proceedings.

He urged the upper court to order that the appellant’s contempt proceedings and application to set aside actions in breach of the court’s orders of status quo be heard first before the challenge to the court’s jurisdiction.

He urged the upper court to make orders sought in the court below that:

“Upon the contempt proceedings being form 49 dated July 7, 2025 committing the respondents thereto to prison for contempt of court; Granting the appellant’s Motion on Notice dated 20/03/2025 and Granting the appellant’s Motion on Notice dated 13/06/2025.

Fashanu also prayed the court to remit the case back to the lower court for hearing on the merits by another judge other than the judge that gave the decision appealed against, Hon. Justice A. Lewis-Allagoa.

Fashanu and a businessman, Dr Edwards Ademosu had filed seperate applications before the lower court seeking orders  of committal to prison against the  Registered Trustees and Caretaker Committee of the  LCC for disobedience of court orders.

Fashanu had on July 7, 2025 had filed Form 49 Order IX, Rule 13, Judgments (Enforcement  Rules Cap, S6  Laws Of The Federation of Nigeria, 2004. It was titled, “Notice To Show Cause Why Order of Attachment Should Not Be Made”  against the defendants, including Registered Trustees of the LCC (1st  to 12th defendants) and  13th, 14th, 17th and 19th defendants.

The plaintiff in Form 49 asked  the defendants to show cause why they should not be “committed to prison for having neglected to obey the order of this court made on the 22nd day of October, 2024” which requires parties” to maintain status quo.”

Ademosu in his suit filed July 9, 2025 had asked same defendants to show cause why they should not be committed to prison for having neglected to  obey the order of the court made on October 22, 2024 thus: “That parties are hereby required to maintain status quo.”

“Take notice that you are hereby required to attend the court on the first mentioned day to show cause why an order for your  committal should not be made.”

In a 14-paragraph affidavit deposed to in support of the motion, Julius Abifarin deposed that despite the service of the court processes by the bailiff  on the defendants, the 1st defendant has continued the very activities sought to be restrained in the plaintiff’ s Motion on Notice of October 3, 2024 including reconstitution of the Caretaker Committee set-up under the Consent Judgment of July 4, 2024 in Suit No. FHC/L/CS/321/24 sought to be set-aside.

 Abifarin stated that on March 20, /2025, a Motion on Notice was filed herein by the plaintiff  to set-aside the said reconstitution and inauguration of the Caretaker Committee of the Club.

The deponent that by notice a dated 12/04/2025, some members of the Lagos Country Club appointed by the 1st defendant. slated an Emergency General Meeting (EGM) for 28/04/2025 for “Presentation and ratification of the Caretaker Committees review of the report Disciplinary Committee’s Report as directed in the Consent Judgment. ”