Lagos division of the Court of Appeal has dismissed the appeal filed by the board of trustees of Eko Club against the return of Chief Babatunde Fanimokun as president of the club.
The lower court had on March 9, 2020 held that Fanimokun, who was endorsed by the Annual General Meeting of the club on February 27, 2019 be returned as the president of the club against the decision of the incorporated trustees and the Guardian Council of the club to field Dr. Shamsideen Ade Dosumu.
Trial judge, Chukwujekwu Aneke of the Federal High Court, Lagos, in his judgment declared that Ade Dosumu was not qualified to contest for selection for the post of President of the Eko Club for the year 2019/2020 as required under article 18 of the constitution of the Club and thereby rendered his selection null, void and of no effect whatsoever.
The court therefore asked Ade Dosumu to stop parading himself as President of the Eko Club henceforth.
Dissatisfied with the decision of the lower court, Ade Dosumu, the incorporated trustees and the Guardian Council of the club, who were the respondents at the lower court lodged an appeal at the Lagos division of the court of appeal, challenging the decision.
In its lead judgment delivered by Justice Onyekachi Otisi on Wednesday, the court of appeal dismissed the appeal and upheld the decision of the lower court, which recognized the right of Fanimokun to run for a second term in office as president.
Justice Otisi held that the judgment, which affirmed the decision of the Annual General Meeting of the Eko Club, dated February 27, 2019, to return Chief Fanimokun as the President of Eko Club, for the 2019/2020 term remains legal and should be adhered to.
The court therefore unanimously nullified the supposed selection of Ade Dosumu as President of the Eko club.
Justice Otisi held that Chief Fanimokun has every right as regards to the provision of the amended constitution of the Eko Club, 2014 and of the 1999 Constitution of Nigeria to contest for President for a second term, having served as President of Eko club from February 2017 to February 2019.
The court also declared Fanimokun as the recognised President of the Eko Club.
