T he Last may not have been heard of the crisis rocking the Ilorin Emirate Descendants Progressive Union (IEDPU) as it registered trustees stormed the premises of the Federal High Court sitting in Ilorin, again last Thursday.
This was coming contrary to the earlier agreement made by the warring parties to deploy ‘out of court approach to it leadership tussle.
The board of trustees under the leadership of Alhaji Issa Babatunde Abdulrauf had dragged the IEDPU leadership of Alhaji Abdulamid Adi (National President) Prof. Hamzat Abdulraheem (General Secretary) and others to court.
At the resumed hearing of the case, counsel to the plaintiffs, Barr, Teju Adigun told the presiding judge that they were forced to returned to court because the out of court settlement did not work out.
He however submitted that the court lack jurisdiction to entertain the matter on the ground that the plaintiff had no locus to file the case.
He further argued that the process filed by the parties in the case will be used to determine the jurisdiction of the court.
Similarly, A.S Moyosore who was standing in for the defendants, corroborated the submission of the plaintiff’s counsel that the ‘out of court settlement has failed’
“My Lord, if it is convenient for the business of the government of the court, we are ready to take our application,” he said.
In his submission, he contended that it is only the statement of the claims the court will use to determine the locus and the jurisdiction of the court.
In his ruling, the presiding Judge N.I Afolabi adjourned the case till May 24, by noon to determine whether the court has jurisdiction to entertain the matter or not.
Recall that in a 21-page Writ of Summons numbered FHC/IL/CS/55/2016, that contained 35 statement of claims and that was earlier obtained by National Pilot, the plaintiffs said the defendants and some other unknown persons have been carrying out various activities and operations under the name of the union without the knowledge, consent or authorisation of the plaintiffs and without due registration by the C.A.C.
It further added that the plaintiffs states that the defendants have been falsely holding themselves out to the unsuspecting public as officers and representatives of the union and thereby profiting from the goodwill of the union within Ilorin Emirate and beyond, among others.
The writ had also sought a declaration that the activities,/actions of the defendants as and in the name of the Ilorin Emirate Descendant Progressives Union are misleading, deceptive, unlawful, illegal, null and void.
Other endorsements sought include “a declaration that the defendants either by themselves or in concert with other persons are not duly registered as the incorporated trustees of the IEDPU.
“An order of perpetual injunction restraining the defendants from further acting as, and or in the name of the IEDPU
“An order for the defendants to account for the funds standing to the credit of the plaintiffs Account N0 4011000254 with Ilorin Microfinance bank Ltd.
“An order for the defendants to account for the shareholding of the IEDPU in Ilorin microfinance bank Ltd.
“An order for the defendants to account for and hand over management and control of Ilorin Model Nursery and Primary school at Oke-Foma, Pakata area, Ilorin back to the plaintiffs.
“An order for the defendants to account for all properties (sic) and assets held or controlled by them in the name of IEDPU.