ANLCA AND THE FOLLY OF UNENDING LITIGATION

ANLCA AND THE FOLLY OF UNENDING LITIGATION

(Report by Val Iwuchukwu)

As at the last count, there are about 9 suits pending in various Nigeria Courts as it concerns ANLCA. A handful of Licensed Agents constituted themselves into nuisance with the intention to destabilise ANLCA. They are the minority, a group that their favorite candidates lost the 2018 ANLCA national election

These persons felt that it is either them or nobody. It is either they are in power or that ANLCA should melt inside Lagos Lagoon and seize to exist.

Accusing fingers have been pointed repeatedly at those laying claim of the membership of ANLCA Board of Trustee (BOT). Despite that their tenure had long expired, the same characters got themselves registered and when the issuing authority -the Corporate Affairs Commission (CAC) realised that they should not have issued the Certificate in the first place, they withdrew same.

In their desperation, they sued National Executive Committee of ANLCA as if they were the persons that withdrew their certificate. They did not follow the Civil Procedure of filing Court Processes in a matter like this. So, instead of applying for the Leave of the Court to enable them sue CAC and possibly ask for the Order of Writ of Mandamus on the CAC, they embarked on fruitless exercise and sued NECOM when they know or have reasons to know that the suit will not succeed, because NECOM did not withdraw their certificate. It is like a student that WAEC withdrew his School Certificate suing the university that withdrew his admission due to lack of certificate instead of fighting his case from source. To them, once they get Interim Injunction vide exparte application, they are contented. That’s the highest they could get but they ought to know that interim order has standing procedural rule that reduces its validity for a few days. When that struck them, they sponsored their likes to file more suits against ANLCA so that by the time one interim injunction expires, another may subsists. In a senseless rat race of multiplicity of action, they filed frivolous matters that lack coordination.

Now, they have changed their Lawyers and after the learned mind studied their case dispassionately, their new Counsel realised that there is no need to continue in the wild goose chase. He rightly advised his clients to talk with NECOM for a possibly out of court settlement.

He contacted the ANLCA (Defendant’s) Lawyers and in an open Court, the Out of Court Settlement option was agreed. This wise advice was the same the Police high command advised them long ago. “Stop wasting your time, go and meet your National Executive and settle your differences”.

They have been told in clear terms that junting around, visiting Nigeria Customs Headquarters and taking pictures with Customs Officers like primary school pupils on excursion will not solve their grievances. Instead, they are making mockery of themselves as recalcitrant adults who know that something is wrong and still go ahead and do those wrong. That their action is childish and it amounts to usurping the responsibilities of ANLCA national executives.

At the last NEC Meeting held at ANLCA National Secretariat, we were told that they did not show up for dialogue as agreed but instead a letter from a former Board member in the person of Prince Taye Oyeniyi was received and he gave long list of demand including discarding the Supreme Constitution of ANLCA. His demand amused NEC members present and we all had a good laugh because acceding to such senseless and thoughtless demand will cause ANLCA to die a natural death.

It was the immediate past Chairman of BOT and a Patron of ANLCA Chief Sir Henry Njoku (Dikeọha) that captured the scenario vividly, he likened Prince Oyeniyi’s demand to the demand on King Solomon by a woman whose son died over the night as recorded in the Bible.

From the first book of Kings, Chapter 3, this Bible story exemplifies the wisdom of King Solomon.  Two mothers living in the same house, each the mother of an infant son, came to Solomon. One of the babies had died, and each claimed the remaining boy as her own. We are all familiar with that story in the Bible. Oyeniyi and Co want ANLCA dead as they can’t have it. To divide the living ANLCA into two dead parts.

Long before that, a fromer member of BOT who is also a Patron of ANLCA Dim Peter Obi (Ogbuagu, Okasiakasi Martime) openly advised NECOM to ignore those law suits or to deliberately enter weak defence and if ANLCA finally looses, they will go on appeal. That since the past 4 years, Oyeniyi and co have been turning round and round like ceiciling fan and could not diligently pursue any of the matter they filed to definite conclusion without judgment in any. That by the time NECOM go on appeal if they loose, it will take up to additional 10 years or even more to decide, meanwhile NECOM remains in office until final determination of the matter in the Supreme Court. He said that there should not be any cause for anxiety. That those who will be lucky to be alive when the matter ends several decades after will inherit the whole new ANLCA. He argued that what Prince Oyeniyi wants is tenure elongation and even if the trial court erred in law by granting that, we will appeal the decision. He said that this matter is such that head or tail, NECOM/ANLCA will emerge better and stronger. Full stop.

I agree with him and that reminds me of what the King of Vultures said when his wife was pregnant. The Papa vulture said that if his wife delivers a baby alive, he will rejoice as a proud father, but if it delivers a dead baby, he will eat the dead baby because he feasts on dead animals. That he is not bothered because it is a win win situation for him.

I can appreciate the foolishness of these unending litigation. There is no judgment that the court will give today that will directly be of any benefit to the petitioners. There is no fruit they will reap no matter how it turns out. It is not election petition that seeks to dethrone and enthrone a particular candidate or another. I am beginning to understand the uselessness of these litigations.

* * * Val Iwuchukwu, Attorney at Law serves as Media Assistant to ANLCA National President