Court orders substituted service on Boat Club over ‘wrongful’ expulsion

Justice Ambrose Allagoa of the Federal High Court, Lagos, has granted Mr. Babajide Coker an order of substituted services in the suit he filed to challenge his expulsion/suspension from the Lagos Motor Boat Club.

Justice Allagoa made the order following a motion filed and argued by his counsel, Kemi Pinheiro (SAN).

Coker, the sole plaintiff/applicant, commenced the suit, marked FHC/L/CS/578/2021, on March 16, 2021.

The 1st to 7th defendants/respondents are the Registered Trustees of Lagos Motor Boat Club, Dr. Dapo Majekodunmi, Mr. Babajide Balogun, Babalola Alakolaro, Ladi Ani Mumuny, Prince Frances Awogboro and the Corporate Affairs Commission (CAC).

At the commencement of proceedings on Friday, July 16, Mr. Pinheiro prayed the court to allow the applicant have an alternative way of serving the court processes on the defendants on the ground that they were evading service.

But counsel to the 6th defendant Eyimofe Atake (SAN), opposed this application.

However, the judge adjourned till October 6 for hearing of all applications. 

Among others, the applicant is seeking a declarative relief for an order of mandatory injunction pending the determination of the June 15, 2021 Motion on Notice for orders of interlocutory injunction, commanding the 1st defendant/ respondent to reverse the resolutions and or decisions purportedly passed at the Annual General Meeting of the Club held on the June 17, 2021 “in contempt of the court and pending processes.”

He is praying the court to set aside all the proceedings, resolutions and or decisions purportedly passed or returns on any purported elections into the offices of the officers at the club’s purported Annual General meeting, “which said meeting was held and resolutions passed thereat, while the matter was pending in court”

The applicant is also seeking for orders of interlocutory injunction, restraining the 1st defendant whether by themselves or through the officers of the Club from giving effect to any resolutions and or decisions purportedly passed at the said AGM “which was held… in contempt of this court and the pending court processes.”

The applicant, apart from challenging his expulsion/suspension, is also challenging his disenfranchisement by the 1st defendant to contest elections for the position of Duty Officer of the Committee of the Club held on October 5, 2020.

He averred that by his counsel’s letter “duly received and acknowledged by 1st-6th defendants, the 1-6th defendants as of June 16, 2021 had notice of the pendency of both the instant suit and the aforesaid Motion on Notice for interlocutory injunction.

He said: “Notwithstanding the aforesaid notice, the 16th defendants in crass contempt of this honourable Court and pending court processes, held the said Annual General Meeting on June 17, 2021 whereat resolutions were passed and returns on elections into certain offices of the officers and Committee of the Club were made.”