ICAN Members Seek Stay of Action on Council Election
Crusoe Osagie
Following a pending suit at the Lagos State High Court concerning the conduct of 2014 elections into the council of the Institute of Chartered Accountants of Nigeria (ICAN), members of the institute have been urged to desist from partaking in any electoral activity of the Institute pending the determination of the suit.
In a suit pending at the Lagos State High Court No. 53 before Hon.Justice A. M. Lawal between Messrs Olusola Oyetayo, Solomon Adeleke, Oluseyi Williams and Gbemi Soyemi-Beecroft Vs Chidi Onyeukwu Ajaegbu and the Institute of Chartered Accountants of Nigeria (ICAN), the claimants are praying the court for an order setting aside the 2nd Defendant’s elections of 15th of May to 29th May 2014 on account of unprecedented fraud, abuse of internal electoral process, and falsification of members’ record and identity theft.
Furthermore, the claimants are asking for a declaration that ICAN’s election of 15th May to 29th May, 2014 was marred by unprecedented fraud, abuse of internal electoral process, and falsification of members’ record and identity theft.
Other prayers include, “A declaration that ICAN’s system of “Group Voting” whereby each voter must cast vote on all the vacancies or otherwise be disqualified from voting at all is unconstitutional and in contravention of members’ right to freedom of thought, and freedom of expression as safeguarded under sections 38 and 39 of the 1999 Constitution (as amended).
“An order compelling ICAN to stop with immediate effect the system of “Group voting” whereby each voter must cast vote on all the vacancies or otherwise be disqualified from voting at all.
“An order mandating ICAN to sanitise its electoral processes, carry out a forensic audit of its Information Technology (IT) electoral process, and also update the records of its members so as to remove all fraudulent entries on members’ record before conducting any other election.”
Hinging its prayers on the established principle of law as enunciated in the Supreme Court case of Governor of Lagos State v.Ojukwu (1986) NWLR (Pt 18) 621 where the Court held that:“… Once the court is seized of a matter no party has a right to take the matter into his own hands”, the claimants’ counsel, Eyitayo Ogunyemi of Falana and Falana’s Chambers urged all members of the Institute to stay all activities that may be tantamount to foisting a fait accompli on the suit before the Honourable Court particularly any act directed towards conducting any election into the council of the Institute of Chartered Accountants of Nigeria pending the determination of the suit.