The Court of Appeal, Abuja on Thursday, affirmed the removal of Mr Kabir Ibrahim as president of the All Farmers’ Association of Nigeria (AFAN) by the Federal High Court (FHC) Abuja.
By Taiye Agbaje
The Court of Appeal, Abuja on Thursday, affirmed the removal of Mr Kabir Ibrahim as president of the All Farmers’ Association of Nigeria (AFAN) by the Federal High Court (FHC) Abuja.
A three-member panel of justices, in a unanimous judgment delivered by Justice Mohammed Danjuma, also awarded the cost of N200, 000 against Ibrahim.
Danjuma held that Ibrahim’s appeal, marked: CA/ABJ/CV/554/2022, was devoid of merit and according dismissed.
Danjuma further held that the two issues raised by the appellant (Ibrahim) for determination were resolved in favour of Mr Farouk Mudi, the authentic president of the association.
“This appeal is devoid of merit and is hereby dismissed.
“The judgment of the lower court, delivered on the 24th day of March, 2022, is hereby affirmed and a cost of N200, 000 is hereby awarded against the appellant and in favour of the respondents.”
The other two members of the panel equally adopted the judgment and joined in dismissing the appeal.
The panel, which was headed by Justice Ali Gumel, also had Justice Anthony Ogakwu as members.
Ibrahim had approached the Appeal Court following the judgement delivered by Justice Taiwo Taiwo (rtd.) of the FHC, on March 24, 2022, restraining him from parading himself as president of AFAN.
Justice Taiwo, in the judgment, also declared the election held on April 10, 2021, by AFAN General Assembly in Kano which produced Mudi and members of its National Working Committee (NWC) and National Executive Council (NEC) as valid.
The judge, therefore, ordered Ibrahim, whose tenure, he held, had expired since June 14, 2019, to hand over the assets and property of the association in his possession and custody.
Ibrahim and Mudi had locked horns in a legal battle over the leadership position of the farmers’ association.
While Ibrahim filed the first suit marked: FHC/ABJ/CS/329/2020 to drag Mudi to court, Mudi, on his part, sued Ibrahim in a suit marked: FHC/ABJ/CS/322/2020.
Delivering judgment in the first suit between Incorporated Trustees of All Farmers Association, Ibrahim and Rev. Tobias Iwu Vs. Admiral Murtala Nyako and Farouk Mudi, the judge said that the defendants contended that Ibrahim’s tenure as AFAN president had expired after his five-year single term as stipulated by their constitution.
Taiwo aligned with the arguments of the defendants canvassed by their lawyer, Modibbo Bakari, that Ibrahim, who became president on June 14, 2014, ought to have vacated office on June 14, 2019.
This, the judge held, is in accordance with the provision of Article 13 (1) of AFAN Constitution since there was no provision for tenure elongation in the body.
He said that it was a fact that AFAN executive committee held an election that produced Mudi as the president.
“I am at a loss when reading the processes before me, especially the application by counsel for the plaintiffs,” the judge had said.
According to him, cases are not won by arguments by counsel but the evidence before the court and addresses of counsel in court are meant to assist the court.
Taiwo, who held that the 1st plaintiff (Incorporated Trustees of AFAN) cannot be made a party in the first suit, said that only the NEC of AFAN had the authority to approve an action to be instituted in the name of the association, going by Article 11 of the association’s constitution.
“There is nothing before the court to show that the NEC of the plaintiffs authorised the filing of the suit by the plaintiffs,” he said.
The judge, therefore, held that the 2nd and 3rd plaintiffs (Ibrahim and Iwu) cannot join the suit without the approval of the NEC, citing other cases to back his judgment.
“The law says he who asserts must prove. I am of the well-considered view that the 2nd and 3rd plaintiffs cannot be plaintiffs in this suit without authorisation. if they want to be plaintiffs, the 1st plaintiff must authorise,” he said.
Justice Taiwo then dismissed the suit.
Delivering judgment on the second suit between AFAN Vs. Ibrahim and his lead dissolved NWC and NEC of AFAN (1st defendant) and Inspector-General of Police (2nd defendant) filed by Mudi, the judge also agreed with the plaintiff that Ibrahim (1st defendant)’s tenure had expired.
He said the substantive matter was whether Ibrahim was still the president.
“I have read the constitution of the association which says the tenure of its elected officers shall be for five years tenure.
“I find that the 1s defendant and the EXCO were inaugurated on 14th of June 2014,” he said.
Taiwo, who noticed a contradiction in the date Ibrahim averred to have assumed office, said though the embattled president claimed he was inaugurated on June 15. 2014 in the affidavit he deposed to, he was actually inaugurated on June 14, 2014.
He said Ibrahim and his led EXCO’s tenure ought to have expired on June 14, 2019.
“At that point, the 1st defendant and his EXCO seize to be in office,” he said.
The judge, who struck out the name of the IGP from the suit, said that a cause of action had not been established against the 2nd defendant to join him as a necessary party.
Justice Taiwo, who granted all the reliefs of the plaintiff, said that there should be no need for consequential order.
Mudi, through AFAN, had sued Mr Ibrahim and his dissolved NWC over alleged refusal to hand over the association’s assets and property.
In the originating summon filed by Bakari, Mudi asked the court to stop Kabiru Ibrahim-led NWC from parading themselves as executive members of the association.
He had wanted the court to determine whether by virtue of the established law of AFAN, Ibrahim whose tenure expired in June 14, 2019, was still vested with powers to manage and run the affairs of the association.