Counsel to AFAN, Modibbo Bakari, filed the suit before Justice Taiwo Taiwo at the Federal High Court, Abuja.
The All Farmers Association of Nigeria (AFAN) has sued Mr Kabiru Ibrahim and his dissolved National Working Committee (NWC) over alleged refusal to hand over association’s assets and property.
In the originating summon with number: FHC/ABJ/CS/322/2020, Bakari also asked the court to stop Kabiru Ibrahim-led NWC from parading themselves as executive members of the association.
The News Agency of Nigeria (NAN) reports that while Ibrahim, the embattled national president, and his dissolved NWC are the 1st defendants, the Inspector General (I-G) of Police is the 2nd defendant in the case.
The lawyer wanted the court to determine whether by virtue of the established law of AFAN, the 1st defendants whose tenure expired in June 2018 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 2013 had served their single term of 5 years which tenure expired in June 2018.
“A declaration that by virtue of the provision of the aforesaid Article 13.1 of the plaintiff’s constitution, the 1st defendants are divested of any powers, rights, prerogative and/or privileges to perform or carry out the work, duties and/or functions of the National Executive Council and/or National Working Committee or any other committee or committees whatsoever whether collectively or severally.
“An order directing the 1st defendants to hand over the assets and property of the plaintiff in their possession and custody.
“A perpetual injunction restraining the 1st defendants from parading themselves or holding out as members of Exco and executive.”
Bakari also sought the order of the court, restraining the 1st defendants from using the services of the 2nd defendant or his agents to harass, arrest or detain the members of the caretaker committee of AFAN, among others.
The interim Secretary-General of AFAN, Yunusa Halidu, in an affidavit in support of the application, said: “having exhausted the 1st defendants’ tenure, the plaintiff (AFAN) set up a 13-member caretaker committee led by Farouk Rabi’u Mudi as interim national president.”
According to him, on March 3, we had a resolution dissolving the National Executive Council and we were inaugurated into office by Admiral Murtala Inyako (rtd.), who is the Chairman, Board of Trustees of AFAN, on March 4.
“The caretaker committee is to run the affairs of the plaintiff (AFAN) for two years to enable the plaintiff to conduct an election of substantive members of the National Working Committee and National Executive Council.
“However, despite the inauguration of the caretaker committee, the 1st defendants have refused to hand over the plaintiff’s assets and property in their possession,” he deposed.
Halidu said if not checked, the actions of the defendants could ground the activities of AFAN against the economic interest of the country.
Justice Taiwo was yet to fix a date for hearing of the case as at the time of filing the report.