DOCUMENT: Crisis Rocks Nigerian Institution of Estate Surveyors and Valuers As Members Exchange Blows Rivers Annual General Meeting

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HIGH COURT OF LAGOS STATE IN THE IKEJA JUDICIAL DIVISION

HOLDEN AT IKEJA SITTING AT COURT 26, GENERAL CIVIL


DIVISION BEFORE THE HON. JUSTICE (DR.) L.A.M. FOLAMI
TODAY FRIDAY, 10TH DAY OF JUNE, 2022
H

SUIT NO: ID/5851GCM/2022


BETWEEN:

APPLICANTS
1. OLAGOKE OLANIYI OLADIPUPO 2. ALARAPE BUKKY OLALEKAN 3. FATOKI
SOLOMON OLUSOLA 4. KASIMU ADAMU DANLADI 5. OGUNSOLA ADEKUNLE
OLAWALE 6. TANIGBOLA OLASUKANMI 7. EDEMO ADEWALE SAMUEL 8.
ADEBAYO ADESOLA
(Suing for themselves and on behalf of the concerned
members of Nigerian Institute of Estate Surveyors and Valuers)

AND

RESPONDENTS
1. INCORPORATED TRUSTEES, NIGERIAN INSTITUTION OF
ESTATE SURVEYORS AND VALUERS (NIESV) 2. ELECTORAL COMMITTEE,
NIGERIAN INSTITUTION OF
ESTATE SURVEYORS AND VALUERS (NIESV)

1st, 2nd, 3rd, 4th 5th, 6th and 8th Applicant present. Respondents absent.

RULING

reІ.

The subject of this Ruling is the originating Motion Exparte for


pre-emptive remedies dated 31st May, 2022 filed by Learned SAN Femi
Falana on behalf of the Applicants herein.
The Application was filed pursuant to Order 2 Rule 1 of the High Court
of Lagos State (Civil Procedure) Rules 2019, High Court of Lagos State
(Expeditious Disposal of Civil Cases) Practice Direction No. 2 of 2019 and under the
inherent jurisdiction of the Honourable Court. -
The reliefs sought are as follows:
1. A Pre-emptive remedies Order of this Honourable Court restraining the 1st and
2nd Respondents whether by itself, servants, agents and privies from
conducting the forthcoming elections of the 1 st Respondent slated for the 13th
of June, 2022 - 24th of June, 2022 pending the Applicants'
compliance with the pre-action protocol, pursuant to the practice
direction No. 2 of the High Court of Lagos State, 2019.

Certified True Copy


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2. A Pre-emptive remedies Order of this Honourable Court suspending the
forthcoming elections of the 1st Respondent slated for the 13th of June, 2022 - 24th of
June, 2022 forthwith pending the Applicants' compliance with the pre
action protocol, pursuant to the practice direction No. 2 of the High
Court of Lagos State, 2019.

And such further Order(s) as this Hononourable Court may deem fit and just to
make in the circumstances of this case.

The grounds upon which the Application was filed


are as follows:

i)
There is an urgent need to preserve the rights and interests of the
Applicants in the forthcoming elections of the 1 st Respondent by the grant of
an order of this Honourable Court restraining the Respondents from
conducting the elections slated for the 13th of June, 2022 - 24th
of June, 2022.

ii)
Following the schedule of activities for the forthcoming
elections released by the 2nd Respondent, it is glaring that the
2018 Electoral Appeals Committee recommendations as adopted by the
Extraordinary General Meeting of Thursday 13th September, 2018 and
further adopted by the 48th Annual General Meeting of the Institution held on
the 23rd of March, 2019 for the purpose of conducting credible and
rancor free elections is not strictly adhered to by the 2nd Respondent.
iii)
The Applicants will be at a great disadvantage if the forthcoming
elections of the 1st Respondent is conducted considering the fact that
m appointed by the 2nd Respondent, NexusMax Software 365 Ltd is a
non-credible and non-reputable firm who had manipulated
election results in the past years.. : Filed in support is the 18
paragraphed Affidavit of the 3rd Applicant herein. Attached to the affidavit are
exhibits marked A1-A12. Also attached is a copy of the Memorandum of Claim to be filed
by the Applicants. Also relied upon by Learned SAN is the Affidavit of Certificate of
Identification pursuant to Section 84 of the Evidence Act. Equally filed in support of the
Application is the Written Address of Learned SAN. The Learned Silk canvassed
extensive submission in support of the Applicants' application to retstrain the
Respondent from conducting its forthcoming elections slard for 13th - 24th June,
2022.

I have given a careful consideration to the circumstances of this case particularly the
averments in paragraphs 10-15 and the exhibits attached thereto. The court is convinced
that there is an urgent need to restrain the Respondents from conducting its upcoming
elections pending the Applicants' compliance with the pre-action protocol
pursuant to the practice directions No. 2 of the High Court of Lagos State,
2019.
· Certified True Copy
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Prayers 1 and 2 are accordingly hereby granted and
ordered as prayed. The Applicants shall file the Memorandum of
Claim attached herein within 14 days.
The Applicants herein shall enter into an undertaking to pay damages to
the Respondents in the sum of N20,000,000 to indemnify the Respondents in
the event that the Memorandum of Claim is not filed within the specified time
and case is not prosecuted diligently.

Appearance: R.O. Owolabi holding brïef of. Femi Falana


SAN
for the Applicant. No appearance
for the Respondent.

Hon. Justice L.A.M. Folami Ph.D..


10/6/2022
..

Secolchoss Fashola
Jairat
COMMISSIONER FOR
OATH
HIT IKEA

Certified True
Copy
A.522
Cercourir lele deos von St
5

Q
Date
CASH OFFICE, OKFIA.
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