Matilda Omonaiye/
Attempt to extend the tenure of the executives of the Association of Nigerian Licensed Customs Agents (ANLCA) led by Tony Iju Nwabunike was foiled today at the Federal High Court in Ikoyi, Lagos, as Hon Justice Daniel Osiagor called for the setting up of an interim executive for the association.
The tenure of the Tony Iju led National Executive Committee (NECOM) of ANLCA is expected to end officially this month. Even though the executives have earlier been ordered to stop parading themselves in office by the Federal High Court in Lagos, thereby leaving control and direction of ANLCA in the hands of the registered BOT, the NECOM has been accused of flagrantly disobeying the order.
The NECOM also recently announced that its tenure would no longer end in February 2022 as stated in the ANLCA Constitution and that it has been extended till 2023 following a review of the constitution in 2020 at Owerri, Imo State.
Statutorily, the NECOM has a tenure of four years in office. Tony Iju and his team were sworn into office in 2018.
At the resumed hearing of the court case on the protracted leadership crisis in the association today, Hon Justice Osiagor ordered both parties in the crisis – the Registered Board of Trustees (BOT) of ANLCA and the National Executive Committee (NECOM) to nominate members to form the interim executives with a mandate to conduct fresh elections into ANLCA national body.
Justice Osiagor noted that this was the best way out of the 4-year-old crisis in the Customs brokers association, more so, when all attempts to settle out of court have failed.
Counsel to the ANLCA Registered BOT, Olu Daramola (SAN) told the Judge that sequel to his last adjournment in December 2021 where he asked both parties to go and agree on terms for out of court settlement, the Tony Iju’s executives and its Counsel “have been playing pranks and employing delay tactics”.
He said, “I want to inform the Court that both parties were unable to meet because the defendant appears to have misled us to think that they wanted settlement in this matter.
“Immediately after the sitting at the last adjourned date, despite the fact that the defendants were represented, I wrote a letter to the Counsel to the defendant, asking them to let us know when we can meet.
“But as I speak, we have not gotten a reasonable response from them. We then decided that we should communicate our demands and decisions to them in writing, while they too communicate that of their clients to us.
“But on the contrary, they went ahead to start doing what they have been restrained by this court not to do. As early as this year, they set up an illegal committee, conducted elections at the Airport chapter, and extended their tenure.
“When we filed an application before the court and itemized all the infractions they have done in breach of the order of this court, their response was that the Order made by this court has expired,” he said
Daramola added that it was obvious that Counsel to the NECOM was being controlled by his clients, hence, he could not control or give proper direction on the case.
“If the defendants’ Counsels are in control of their clients the way I am handling mine, we wouldn’t be here, but rather it is their clients controlling them and this is the truth,” he said.
Barr. Romeo Ese Michael appeared on behalf of the NECOM. He said that the Counsel was not aware that Tony Iju’s NECOM conducted any elections or elongated the tenure by one year.
He explained that the NECOM has received the terms of settlement sent by the BOT and that they only recently responded with their own demands.
He subsequently pleaded for a 1-month adjournment for him to further engage the Counsel to ANLCA Registered BOT to have a robust settlement out of court.
Speaking on the settlement, Barr Michael said, “We got the letter from the learned Silk, with an attached letter from the plaintiffs (BOT) proposing terms of a settlement. We filed it with our clients (NECOM) and they have responded to us. We got it late, around last week.
“We are hoping to do a letter attaching our client’s proposal back to them. There is hope for a settlement. I have always said that this case is best resolved between the parties rather than the court coming into the matter
“My lord, I want to ask for one-month adjournment since we have two learned Silk on this matter. They are all gentlemen. The two should work on their clients.
“After this court today, I would meet with the great Silk here, there is an alternative at which peace can be achieved,” the NECOM Counsel pleaded.
Barr Yakubu Oladimeji who appeared for the 1st defendant and 25th to 30th defendant corroborated the registered BOT Counsel. He said that all efforts made at settlement out of court had consistently failed.
Hon Justice Osiagor subsequently directed both Counsels to go and work on their clients very well, and to eschew ego.
“The two of you should try and meet again, but if it fails, I am here. But I know it will work.”
“All of you should combine and form interim exco and conduct an election. I think this is the best bet. Both sides should bring representations, between six of them, they can nominate their chairman or President who would now conduct the needed elections.
“I repeat, it is better to set an interim government that would carry out an election.”
He adjourned the case till the 26th of April as a day of settlement and definite hearing.
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