Court Dismisses Spare Parts Trustees’ Suit Against Lagos

Justice Ambrose Lewis-Allagoa of the Federal High Court has dismissed a suit filed by the Registered Trustees of the Auto Spare Parts and Machinery Dealers Association (ASPMDA) against the Lagos State authorities and the Inspector General of Police (IGP).

The justice ruled that the association’s suit, filed to forestall the respondents from interfering successful its enactment crisis, constituted an maltreatment of tribunal process.

The applicant had asked the tribunal for a declaration that by virtuousness of Section 5(2)(a) and (b) of the 1999 Constitution and Sections 827 and 836 of the Companies and Allied Matters Act, 2020, the Lagos State Government lacks the authorization to interfere successful immoderate mode with the absorption of the Applicant’s Association.”

They besides urged the tribunal to state that it was ultra vires for the archetypal responsive to enactment oregon trust connected the purported ineligible proposal from the bureau of the 2nd responsive to dissolve oregon region the applicant’s officers (Executive Council).

However, successful its preliminary objections, the lawyer representing the authorities government, Ezekiel Akande, argued that the applicant’s suit constituted a gross maltreatment of tribunal processes.

Akande further urged the tribunal to disregard the lawsuit with important costs, stating that it lacked jurisdiction, was prima facie vexatious, and constituted an maltreatment of tribunal process.

In his ruling, Justice Lewis-Allagoa held, “The crux of the Plaintiff’s assertion revolves astir the contention for enactment wrong the Registered Trustees of the Auto Spare Parts and Machinery Dealers Association (ASPMDA).”

The justice besides held that the issues successful the contiguous lawsuit are the aforesaid arsenic those successful the erstwhile suits. “It does not substance if antithetic parties initiated those different suits; the problems stay the aforesaid (the enactment of the Association).

“All parties are members of that Association, and the contiguous enactment constitutes an improper usage of judicial process.”

“The instrumentality states that erstwhile 2 actions are brought earlier the court, if the 2nd enactment seeks alleviation that could person been obtained successful the first, the 2nd enactment is considered vexatious and an maltreatment of tribunal process.

“When a suit is determined to beryllium an maltreatment of process, the due bid is to disregard the suit successful question,” the tribunal stated.

Justice Lewis-Allagoa, isolated from dismissing the suit, awarded a outgo of N200,000 against the applicant, payable to some the Attorney General of Lagos State and the Inspector General of Police.