The Federal High Court sitting in Abuja has held that the tenure of the Kabiru Ibrahim-led dissolved National Working Committee and National Executive Council of All Farmers Association of Nigeria (AFAN) ended almost three years ago.
Justice Taiwo Taiwo said that Ibrahim and his exco ceased to be in office since June 14, 2019, when their five-year tenure expired.
The judge gave the judgment on March 22 in a suit FHC/ABJ/CS/322/2020 filed by The Incorporated Trustees of AFAN.
Ibrahim and his dissolved National Working Committee and National Executive Council are first defendants while Inspector-General of Police is second defendant.
Justice Taiwo held: “The issue is whether the first defendant and his exco are still in office.
“I have read the constitution of the plaintiff, particularly the article stating thus: ‘The tenure of all elected officers of all organs at all levels shall be a single term of five years, except a person appointed among a life member of the association and the trustees. The zonal chairmanship shall be rotated’.
“It is not before me that the first defendant was appointed among a life member of the association and the trustees. Although the plaintiff puts the date of the assumption as president of the first defendant and his exco at June, 2013 with its expiration date at June, 2018, I find that the first defendant and his exco were inaugurated on June 15, 2014.
“I refer to paragraph 2 in the affidavit in support of the originating summons and paragraphs 3c and d in the plaintiff’s further affidavit deposed to by Abdullahi Abdusalam on August 27, 2021.
“It appears that there is a contradiction on the actual date of assumption into office by the first defendant and his exco but the averment of the plaintiff in its further affidavit tallies with the admission by the first defendant that he was inaugurated on June 15, 2014. I refer to paragraph 13 of the affidavit deposed to by the first defendant himself.
“Determination of the tenure of an elected person is governed by the constitution of the organisation. The tenure of the first defendant is governed by the constitution of the plaintiff.”
“The tenure of the first defendant expired on June 14, 2019. His tenure started from the date of his inauguration and ends after five years. At that point, the first defendant and his exco ceased to be in office.
“From the foregoing, the questions for determination are answered in favour of the plaintiff herein. I so hold.
“As regards the reliefs, I grant all the reliefs. This is the judgment of the court.”
AFAN Incorporated Trustees had prayed the court for six reliefs, including a declaration that the first defendants had served their single term of five-year tenure, which tenure expired in June 2018.
A perpetual injunction restraining the defendants from taking any step to meddle with the affairs of the plaintiff, or parading themselves as members of Exco and executive and an injunction restraining the 1st defendants from using the police to unlawfully harass, intimate, arrest or detain the members of the Caretaker Committee of the plaintiff.
When the matter came up for hearing on January 2, 2022, M.M Bakari for the plaintiff and A. O. Okeya for the first defendant and Victor I. Okoye Esq for the second defendant adopted their processes, adumbrated on same and urged the court to grant/refuse the reliefs in favour of the parties that they represent.