Lukman Olabiyi
Justice Muawiyah Baba Idris of a High Court of the Federal Capital Territory) FCT) has restrained Architects Registration Council of Nigeria (ARCON), from conducting and/or purporting to conduct any qualifying professional examinations by whatsoever name or form for the registration of architects in Nigeria.
The judge gave the order upon hearing of a motion of ex parte moved by S.N Mbaezue, counsel representing some concerned architects.
In the motion filed by 13 aggrieved persons who sat and passed the qualifying examinations conducted by the Nigeria Institute of Architects (NIA) and supported by a 45-paragraphs affidavit deposed to by one Nicholas Musa of Plot 1086, Joseph Gomwalk Street, Abuja, the applicants urged the court for an order of interlocutory injunction against the defendants.
They named ARCON, its president, Sir Dipo Ajayi, Nigeria Institute of Architects (NIA) and it President Mr. Njoku Adibe as defendants.
In his ruling on the motion marked M/6824/19, Justice Baba Idris granted the reliefs sought by the applicants and adjourned hearing on the originating summons till August 8, 2010. The court also ordered that the summon to be served on the ARCON’s president, (2nd defendant) and NIA president, (the fourth defendant).
In the originating summons, the applicants, which include, Ibrahim Kabir, Ayodeji Kolawole, Andy Imafidon, Dike Emmanuel and nine others urged the court to determine whether by the provisions of Sections 7, 8, 9, 10 & 11 of the Architects Registration Act, CAP A19, Laws of the Federation of Nigeria, 2004, the roles of ARCON extends to the setting up and conducting of qualifying examinations for architects in Nigeria.
The applicants are also asking for a declaration that the function of ARCON is the regulation of architecture only in Nigeria, which include the registration of architects who have sat and passed the qualifying examinations.
They further sought a declaration that and body required to carry out and conduct qualifying examination for the registration of architects in Nigeria is the Nigerian Institute of Architects.
The aggrieved architects among other things also asked for a court declaration that the professional qualifying examination to be conducted for the registration of architects in Nigeria is the Professional Practice Competence Examination and must be in accordance with the constitution of the Nigerian Institute of Architects.
It would be recalled that ARCON and NIA has been at loggerheads over who should conduct of the architect qualifying examinations leading to the non- registration of many architects, who have already sat and passed the examination.