LBW

Thursday, 2 July 2015

IKOYI CLUB IN TROUBLE!



NIGERIA: A Lagos State High Court in Igbosere has reserved judgment in a fundamental rights enforcement suit instituted by an ex-Entertainment Chairman of Ikoyi Club 1938, Mr. Gbenga Gbadesire, against the Registered Trustees of the club.

Gbadesire had taken the trustees of the club to court, claiming N100m in damages, over alleged unwarranted or unprocedural expulsion from the club.

Though the court had fixed last week Monday for judgment, the judgment could however not be delivered as it was learnt that the trial judge, Justice K.O. Dawodu, was on “national assignment.”

The court registrars informed the parties that the judgment day would be duly communicated to them.

The claimant is contending that such decision to expel him from the club was a violation of his fundamental human right to fair hearing and principle of natural justice as enshrined in Section 36 and of the 1999 Constitution.

He also urged the court to declare that his expulsion was a malicious and flagrant abuse of his right to the freedom of association as protected by Section 40 of the Constitution.

The defendants, have however, asked the court to decline jurisdiction over the matter and dismiss Gbadesire’s claims, for failing to explore or exhaust the club’s internal dispute resolution mechanism as provided in section 18 (1) (c) of the club’s rules before heading for court.

The defendants also argued that inasmuch as the constitution recognised a citizen’s freedom of association, the same constitution did not force anyone or group to associate with anyone they are disinclined to associate with.

The defendants urged the court to award cost against the claimant for instituting the action.

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