Court Bars Embattled ex- President of BBA, Others, from Interference in Trader’s Association

Chiamaka Ozulumba

A Lagos State High Court, sitting in Lagos, has restrained former President and Member, Board of Trustees of the Balogun Business Association (BBA), Chief Okey Ezeibe, from interfering in the association’s affairs.

He was also restrained from forcefully taking over the secretariat, assets, funds and properties belonging to the trader’s association. Others who were restrained and sued along side Ezeibe as defendants were Chief Alex Obi – Odunukwe, Chief Ifeanyi Okwuma, Chief Ikechukwu Obiora, Commissioner of Police, Lagos State, ACP Halilu, Area Commander, Area ‘E’ , Command, FESTAC, CSP Tolani , Divisional Police Officer, DPO, Trade Fair Complex, Lagos.
The decision of the court came on the heels of last Monday’s alleged purported botched police invasion and attempted move to foist an illegal leadership on the traders, by Ezeibe, who was said to have employed the help of police operatives from Area ‘E’ Command, FESTAC.
While delivering his ruling on the Enrolment of Order, the presiding Judge, Honourable Justice A.M Lawal , made the Order after hearing the Application of Barristers Ken .I. Ugwu and C. A. Obianika, counsels for the traders, represented by the Incorporated Trustees of BBA and six other persons.

He said: ” I have considered the application in its entirety. paragraph 24 of the affidavit in support , states that the defendants( Chief Okechukwu Ezeibe and six others) planned to take over ‘viet armis’ the secretariat of Balogun Business Association, which may lead to a breakdown of law and order.
” In order to avert this ugly situation, the interest of justice demands a grant of some preemptive succours to the Claimant pending when they will comply with the requirements of the pre- election protocol.

” The defendants (Chief Okechukwu Ezeibe and six others) are accordingly restrained as sought in the interim , pending the Claimants compliance with the pre- election “.
Justice Lawal also ordered that ” the defendants are restrained from taking over or attempting to take over the secretariat, assets, funds and properties of the first Claimant (BBA) ,Including her international centre for commerce , trade fair Complex “.

He further gave a legal backing to the administration and control by BBA Care Taker Committee, CTC, led by Honourable Anselem Duru , by ruling that ” the second claimant shall maintain and control the management of the affairs, assets and funds of the First Claimant, including her international centre of commerce, trade fair Complex , pending the Claimants compliance with the pre-action protocol formalities”.
On how Ezeibe and his group would be notified of the court order which was counter signed by the Court Registrar, Mr. B. Y . Sadiku, the Judge granted leave to the Trustee and six others , permitting them to serve the order of the court on the defendants together with the pre – action protocol documents through the sheriffs of this court.

This is even as a Federal High Court sitting before Justice I.E. Ekwo in Abuja, the federal capital territory, was said to have barred the Corporate Affairs Commission CAC from expunging the names of the Incorporated Trustees of Balogun Business Association, Chiefs Tony Obih, Jonathan Okpala, Balogun John Ezeako, Nicholas Okeke and Hon. (Chief) Anslem Dunu ,Business; all registered trustees of BBA.
The court also barred the factional group led by Ezeibe from conducting any election into elective positions in defiance to the existing Caretaker Committee and or disregarding the committee in the discharge of it’s statutory functions pending such time when the atmosphere was clear for the conduct of election by the caretaker committee .

The order of the court followed an action brought to it by barrister John Duru, counsel to the Applicants in suit N0 FHC/ABJ/CS/451/2021 praying the court for an order of perpetual injunction (certoriari) barring the CAC from taking such action of expunging their names from the certificate of incorporation.
In a motion experte, the court, granted the leave of the Applicants stopping the CAC hereinafter referred to as Respondent from carrying out the action including further interference in the affairs of the BBA.