Abeokuta: By Andy BABATUNDE
Published, Friday, June 3, 2022
A FEDERAL HIGH COURT in Abeokuta, capital city of Ogun State found the suspension of ESV Babatunde Dokunmu, a member of Abeokuta Club, the foremost Club in Egba land, wrongful and illegal.
The judge, consequently, awarded the sum of two million naira in compensatory and punitive damages against the Club.
The court further compelled investigation into the financial status of the Club to unravel an alleged fraud perpetrated by the President of the Club, Engr. Tokunbo Odebunmi.
Engineer Tokunbo Odebunmi (pictured above) is a retired Permanent Secretary in Ogun State Civil Service and presently holds the portfolio of Chairmanship of Ogun State Civil Service. He is from Gbagura section of Egba land and a prominent member of Lisabi Festival Committee and Chairman of its Education subcommittee for many years now.
The decisions followed about 12 months trial in a suit no FHC/AB/CS/66/2021 filed at the Federal High court of Nigeria sitting in Abeokuta by an aggrieved member, ESV Babatunde Dokunmu to challenge his unwarranted and illegal suspension from the Club activities for some strange reasons.
It was one of the highest-profile civil cases in the capital of Ogun State in the recent time. Babatunde Dokunmu had earlier alleged that the President of the Abeokuta Club, Engineer Tokunbo Odebunmi had misappropriated the sum of fifty three million naira, the Club's money. This led to the decision of the Club to set up a panel to investigate this.
Consequently, the Life President of the Club ordered the investigation of the allegation and set up an investigative panel headed by Justice Bode Popoola, a retired high court judge.
The panel invited Dokunmu to come and prove his allegations within 48hours, but Dokunmu requested for a new date as he was on a holiday outside the town as at that period. The panel, however, found his excuse untenable. It thus placed Dokunmu on six months suspension from the Club activities.
Not satisfied with the panel's decision against him, Dokunmu protested against the harsh decision.
He asked the appellate panel to declare his suspension illegal, unconstitutional, null and void.
Justice Deinde Soremi led panel ruled that Dokunmu was unduly punished, submitting further that the panel that suspended Dokunmu was investigatory or merely advisory and not judicial or quasi- judicial body and therefore set aside the decision of the lower panel and considered the suspension null and void.
Failure of the Club to obey the appellate panel, which was set up by itself, the aggrieved Dokunmu approached the Federal High Court presided over by Justice O.O. Oguntoyinbo.
Justice Oguntoyinbo was told in the court papers to grant an order of the Honourable court directing the Abeokuta Club to constitute an independent panel to investigate the alleged misappropriation of the Club's money.
An order of the court setting aside the purported suspension, and award compensatory and punitive damages in the sum of Ñ10,000000 (ten million naira only) for illegal, malicious, and unconstitutional suspension.
In their joint defence, the respondents countered the claims of the applicant, saying the 2nd - 5th respondents ought not to be joined in the suit, therefore, it's incompetent and such be dismissed.
Countering the respondents' position, the applicant, Dokunmu submitted that by the facts before the court, the Applicants has established fraudulent misappropriation of the Club's money, thus the 3rd respondent, Engineer Tokunbo Odebunmi 's name must be mentioned.
In his preliminary ruling, the trial judge , affirmed that " Overall in the light of motions and objections on the position of the 2nd - 5th Respondents, the names are hereby struck out for being incompetent.
In his final rulling, Hon Justice O.O. Oguntoyinbo said the court was constrained to agree with the position of the applicant/respondent: "Not only did the respondents held the meeting, it went further to suspend the applicant. The case would have been entirely different if the applicant had ignored the respondent's message or had intentionally declined to attend without giving a valid reason ".
The judge also concluded by ordering fresh investigation into the financial misappropriation and awarded the sum of two million naira as a cost in favour of the applicant, Dokunmu.
"Since the decision to suspend the applicant was taken in breach of his right to fair hearing, it is only logical that the suspension amounts to nullity, consequently, the issue is also resolved in favour of the applicant.
"Contrary to the respondent's position that the respondent, Abeokuta Club is a voluntary association, it is trite that an investigative body exercising quasi- judicial functions, like the respondent in the circumstances of this case is bound to observe the rules of natural justice," and the suspension is illegal, unconstitutional, null and void.
The judge also concluded by ordering fresh investigation into the financial misappropriation and award the sum of two million naira as a cost in favour of the applicant.
"Since the decision to suspend the applicant was taken in breach of his right to fair hearing, it is only logical that the suspension amounts to nullity, consequently, the issue is also resolved in favour of the applicant "
No comments:
Post a Comment