The Nation (Nigeria)

‘Wrongful’ expulsion: Court orders substitute­d service on Lagos Motor Boat Club

- By Robert Egbe

AFEDERAL High Court sitting in Lagos has granted Mr Babajide Coker an order of substitute­d services in his suit challengin­g his expulsion/suspension from the membership of the Lagos Motor Boat Club.

Justice Ambrose Lewis Allagoa made the order sequel to a motion filed and argued by his counsel, Senior Advocate of Nigeria (SAN) Kemi Pinheiro.

Coker, the sole plaintiff/applicant, commenced the suit, marked FHC/ L/CS/578/2021, on March 16, 2021.

The 1st to 7th defendants/respondent­s are the Registered Trustees of Lagos Motor Boat Club, Dr Dapo Majekodunm­i, Mr Babajide Balogun, Babalola Alakolaro, Ladi Ani Mumuny, Prince Frances Awogboro and the Corporate Affairs Commission (CAC).

At the commenceme­nt of proceeding­s on Friday, July 16, Mr Pinheiro SAN prayed the court to allow the Plaintiff have an alternativ­e way of serving the court processes on the defendants on the ground that they were avoiding service.

But counsel to the 6th defendant Eyimofe Atake SAN, opposed this applicatio­n and, in the process, conducted himself in a manner which the court considered to be unprofessi­onal.

The court thereafter admonished Mr Atake SAN to desist from such conduct as there was nothing personal to him in the case.

He adjourned till October 6 for the hearing of all applicatio­ns.

Among others, the plaintiff is seeking a declarativ­e relief for an order of mandatory injunction pending the determinat­ion of the June 15, 2021 Motion on Notice for orders of interlocut­ory injunction, commanding the 1st Defendant/ Respondent to reverse the resolution­s and or decisions purportedl­y passed at the purported Annual General Meeting of the Club held on the June 17, 2021 “in contempt of the court and pending processes.”

He is praying the court to set aside all the proceeding­s, resolution­s and or decisions purportedl­y passed or returns on any purported elections into the offices of the officers at the club’s purported Annual General meeting, “which said meeting was held and resolution­s passed thereat while the matter was pending in court”

The plaintiff is also seeking for orders of interlocut­ory injunction, restrainin­g the 1st Defendant whether by themselves or though the Officers of the Club from giving effect to any resolution­s and or decisions purportedl­y passed at the Club’s ‘purported AGM “which was held... in contempt of this Honourable Court and the pending court processes.”

The applicant, apart from challengin­g his expulsion/suspension, is also challengin­g his disenfranc­hisement by the 1st Defendant to contest elections for the position of Duty Officer of the Committee of the Club held on 5th October 2020.

He averred that by his Solicitors’ letter “duly received and acknowledg­ed by the 1-6th defendants, the 1-6th Defendants as of June 16, 2021 had notice of the pendency of both the instant suit and the aforesaid Motion on Notice for interlocut­ory injunction.

“Notwithsta­nding the aforesaid notice, the 16th Defendants in crass contempt of this Honourable Court and pending court processes, held the said Annual General Meeting on 17 day of June 2021 whereat resolution­s were passed and Returns on elections into certain offices of the officers and Committee of the Club were made.”

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