IPMAN: Court Strikes Out Case BENIN CITY - The Federal High Court sitting in Benin City and presided over by Justice A.M Liman has thrown out the case filed by a fractional members of the Independent Petroleum Marketers Association of Nigeria (IPMAN), Midwest zone for lack of competence to institute the action against its leaders. The Justice Liman’s recent ruling was on the Suit No FHC/B/CS/72/11 filed by Ojo Resources Nigeria Ltd, Charisma Oil and Gas Lt, Victosa Nigeria Ltd, Ilenloa Ventures Ltd and Iviabet Nigeria Ltd as plaintiffs against its leadership with the Uwayoba of Benin kingdom, Chief Solomon Nosakhare Ogbewe as Acting Chairman of the zone. The plaintiff had gone to court to challenge the constitutional powers of the Incorporated Trustees of IPMAN, of the leadership of its National President and Secretary,( Alhaji Aminu Abdulkadier and Mike Osatuyi), under IPMAN 1997 constitution, as well as the leadership of its Acting Chairman. In a submission Mr. Ukpebor Esq the counsel for the 8th respondent, said the plaintiffs have no locus standi to institute the case as he described the action as a mere academic exercise, speculative and hypothetical in nature that abound in a total abuse of court process and therefore urged the court to throw out the case. He submitted that for the plaintiffs to maintain a locus standi, they must posses an existence of civil right, interest or obligation that is being violated or infringed upon, while the leave sought must be beneficial with specific interest by him. Similarly, Counsel of the 1st to 3rd respondents submitted that the plaintiffs have no power to invoke the powers of the jurisdiction of the court as it has failed to seek and obtain leave to serve the originating process on the defendants out of the jurisdiction of the court or rather to serve his clients by substituted means through the 1st defendant. He also contended that Suit No FHC/PH/CS/322/2010 and FHC/B/CS/213/2011 filed by the plaintiffs before the Federal High Court Abuja, Port Harcourt and Benin Judicial Divisions respectively have the same cause of action, issues, claimants and parties. He therefore urged the court to dismiss the claim against the defendants, as the plaintiffs’ suit in its entirety was incompetent, improper and abuse of court process. After careful consideration of the counsel’s submissions, Justice Liman ruled that the plaintiffs have no sufficient or special interests that is worthy of protection as to the extent of having locus standi before the court, citing precedence of Obaseki JSC in Adesanya’s case. He therefore stated that locus standi been a threshold issue, every other issue arising from the plaintiffs case would be rendered academic exercise and the suit was accordingly dismissed. It would be recalled that the plaintiffs had earlier in the year instituted suit at the Industrial and Federal Court of Appeal against the defendants, which was also an exercise in futility.
Posted on: Tue, 15 Oct 2013 14:46:24 +0000
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