Oluyinka Onigbinde
The Federal High Court in the Lagos has struck out the case restraining the National Executives Committee members of the Association of Nigerian Licensed Customs Agents (ANLCA) from carrying out its functions.
The ruling puts to rest the controversy surrounding the authenticity or otherwise of the NECOM and the Board of Trustees of the association.
Recall that the case was brought to the court by Obokun Freight Forwarders Ltd, Mr Olumide Fakanlu, Gidugo Nigeria Ltd and Mr John Nwagbaraocha against 30 others , among them, BOT members of ANLCA, NECOM members of ANLCA and their companies and the former ASECO members of ANLCA and their companies.
Olumide Fakanlu and others, standing has plaintiff had prayed the court to rule in their favour, whether by virtue of the Judgment delivered by Honourable Justice R.M. AIkawa in suit NO: FHC/L/CS/1274/2018 in the caseof Skysail Nigeria Limited & or V Registered Trustees of
Association of Nigerian LIcensed Customs Agents and others wherein the court declared that it is only when Corporate affairs Commission (CAC) gives its consent upon application by Association of Nigeria Licensed Customs Agents that any appointment of Trustees can be valid is applicable to Trustees of Association of Nigeria Licensed Customs Agents appointed/elected on the 13 of February, 2014, which is yet to receive the assent of Corporate affairs Commission (CAC).
The plaintiff had sought the following reliefs A DECLARATION that the National Executive Committee Election based on the fact that the Association of Electoral Commission which monitored/conducted their election was appointed by the not valid or inchoate Board of Trustees as declared by Honourable Justice R. M. Aikawa in Suit NO: FHC/ILICS/1274/2018 between Sky Sail Nigeria Limited & an or V Registered Trustees of Nigeria.
2. AN ORDER of the Honourable Court nullifying the elections of the National Officers of the National Executive Committee of Association of Nigerian Licensed Customs Agents conducted on the 8 of March, 2018, as the Board of Trustees which appointed the Association of Electoral Commission which monitored/conducted the election of the said National Officers was not valid having not been assented to by the Corporate Affairs Commission.
3. AN ORDER of this honourable court dissolving the National Executive Committee of the Association of Nigeria Licensed Customs Agents for not being valid, based on the fact that the Board of trustees which appointed the Association of Electoral Commission, which in turn conducted the said election has been declared not valid by Justice R. M. Aikawa in Suit NO: FHCILICS/1274/2018 between Sky Sail Nigeria Limited & anor V Registered Trustees of Nigerian Licensed Customs Agents.
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4. AN ORDER of this honourable court dissolving the Association of Electoral Commission of the Association of Nigerian Licensed Customs Agents for not being valid, sequel to the declaration of Justice R. M. Aikawa in Suit NO: FHCILICS/1274/2018 between Sky Sail Nigeria Limited & and V Registered Trustees of Nigerian Licensed Customs Agents, that the Board of Trustees which appointed the Association Electoral Commission is not valid.
5. AN ORDER of this honourable court dissolving. the entire board of trustees which was purportedly elected on the 13th of February,2014, for not being valid as they were not registered at the Corporate Affairs Commission(CAC) which was reinforced by the Declaration of Honourable Justice R. M. Aikawa in Suit NO: FHCILICS/1274/2018 between Sky Sail Nigeria Limited and Chief Peter Obi Vs Registered Trustees of Nigeria Licensed Customs Agents and others that it is only when Corporate Affairs Commission (CAC) gives its assent upon application by Association of Nigeria Licensed Customs Agents (ANLCA) that any appointment of a trustee can De val bnogean fon esob insbnelod at l1 e
6. AN ORDER of this honourable court restraining the 9th, to 30th Defendants from acting, signing, issuing or writing letters and parading themselves as National Executive Committee members of the Association of Nigeria Licensed Customs Agents.
7. AN ORDER of this honourable court for a fresh election of the Board of Trustees of Association of Nigèria Licensed Customs Agents with strict adherence to the provisions of the Companies and Allied Matters Act.
But, in its ruling, the Federal High Court in Lagos struck out the case for lack of merit, stating that the prayers were just a mere academic exercise.
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