From Godwin Tsa, Abuja
The All Farmers’ Association of Nigeria (AFAN) has told the Abuja Division of a Federal High Court how its former President, Architect Kabir Ibrahim, misappropriated the association’s funds.
Counsel to the association Modibo Bakari disclosed this when the presiding judge, Justice Taiwo Taiwo, asked if the financial controversy was also involved in the suit filed by the plaintiff (AFAN).
Justice Taiwo, who directed the registrar to call cases on the cause list in order of importance and years they were filed, had asked counsel to Ibrahim, AO Okeya, in a suit marked: FHC/ABJ/CS/322/2020, filed by AFAN, if issues of money were also involved in the matters before the court.
But while the lawyer for the former president answered “No, there was no issue of money involved my lord. It is just a leadership tussle,” counsel for AFAN, Bakari, disagreed with him.
Bakari told the court that besides the leadership crisis rocking the body, a serious allegation bordering on misappropriation of the association’s money against Ibrahim was also involved.
He said several letters were written in that regard besides a motion filed before the court on the same issue, asking the court to restrain him from having access to the United Bank For Africa (UBA) account of the body.
Bakari said that Ibrahim was also using the police to harass AFAN’s new executive.
The submissions of the lawyers to the court attracted the attention of the judge to expedite the hearing and the conclusion on the matter.
Justice Taiwo, thereafter, directed the registrar to call the matters.
It would be recalled that two separate suits were before the court for determination.
When the first case marked FHC/ABJ/ CS/329/2020 involving the Incorporated Trustees of All Farmers’ Association and two others against Admiral Murtala Nyako was called, Okeya, counsel to the plaintiff, said the application was filed on March 9, 2020.
He said a 29-page affidavit, a written address and Exhibits “A” to “E” were in support of the application.
The lawyer said a further affidavit dated Nov. 26, 2021, was also filed alongside six exhibits after the defence served them with a counter-affidavit.
Okeya urged the court to grant their reliefs.
Bakari, on his part, said in reaction to the plaintiff originating process, he filed a counter-affidavit dated Sept. 25, 2020, and filed the same date with three exhibits marked 1 to 3, alongside a written address.
The lawyer, who adopted the applications in opposition to the plaintiff’s originating summons, prayed the court to dismiss the application.
When the sister case marked FHC/ABJ/CS/322/2020 involving AFAN against Arch. Kabir Ibrahim and Inspector-General of Police (IGP) was called, Bakari, who was a plaintiff counsel, informed that an amended originating summons was dated and filed on June 30, 2020.eas before the court.
‘It is supported by 13 paragraphs affidavit deposed to by one Yunusa Halidu, the national secretary of the plaintiff.
‘It is supported by one exhibit marked A and a written address. We adopt same as plaintiff argument,” he said.
He said a further and better affidavit was also filed in reaction to the defendants counter-affidavits, urging the court to grant the reliefs.
But counsel to the 1st defendant (Ibrahim), Okeya, prayed the court to dismiss the suit, alluding that a counter affidavit was filed to the regard.
He stated further that a further and better affidavit was also filed when the plaintiff raised new facts.
‘It was filed Nov 16, 2021, with a written address in support. We adopt same as our argument and urge my lord to dismiss the originating summons with substantial cost,’ HW said.
Counsel to the IGP (2nd defendant), Victor Okoye, said he appeared in protest, asking that the name of his client be struck out from the suit on the ground that the plaintiff had no cause of action against his client.
Okoye, who said he had planned to move the motion in the last adjourned date but the court directed that the application be filed, said on Sept. 24, 2021, the application was filed.
‘Our prayer is for the court to strike out the name of the 2nd defendant in the suit having failed to disclose any reasonable cause of action against the 2nd defendant,’ he said.
But Bakari argued that a counter-affidavit dated October 15, 2021, supported by two exhibits were filed to oppose the application.
‘We urge the court to refuse the application based on the exhibits attached to the counter affidavit,’ he said.
Justice Taiwo fixed March 22 for judgment in the two suits.
It would be recalled that AFAN had, on May 11, 2020, sued Ibrahim and his dissolved National Working Committee (NWC) over his alleged refusal to hand over the association’s assets and property.
Ibrahim was said to have been elected into office in 2014 in accordance with Article 13 of the Constitution of the organisation which provides a five-year single term for every elected executive member.
Ibrahim, whose tenure as AFAN president expired in June 2019, was alleged to have been parading himself as the leader of the association in recent times.
AFAN had, in the originating summons with the number: FHC/ABJ/CS/322/2020 filed by Bakari, asked the court to stop Ibrahim-led NWC from parading themselves as executive members of the association.
The lawyer wanted the court to determine whether, by virtue of the established law of AFAN, the 1st defendants, whose tenure expired in June 2019 is still vested with powers to manage and run the affairs of the association.
Bakari sought ‘a declaration of this honourable court that by the combined effect of Article 13.1 of the Constitution of the AFAN and Section 593 of the Companies and Allied Matters Act 1 Cap. C20 Laws of the Federation of Nigeria 2004, the 1st defendants who were inaugurated in June 2014 had served their single term of 5 years whose tenure expired in June 2019,’ among others.