By Nsan Ndoma-Neji Calabar
The Federal High Court sitting in Calabar has ordered the Cross River State and the Federal Capital Territory, FCT, Commands of the Nigerian Police Force to without further delay vacate the offices of the Independent Petroleum Marketers Association of Nigeria, IPMAN, in the Easter zone and FCT respectively.
The court also frowns at the arbitrary enforcement of court order, describing such action as illegal and abuse of power.
In an originating summons filed by Daniel Mgbe, Esq, on behalf of the plaintiffs, including Engr. Sanusi Fari, Chidi Nnubia, Peter Okoye and seven others, had sought for among others a declaration that the continued siege at IPMAN national secretariat by police officers claiming to be acting on the instructions of the Attorney General of the Federation, the Inspector General of Police and Deputy Inspector General of Police Force, CID Abuja and forcible removal of Engr. Sanusi Fari and his executive from offices as president and executive members on July 5, 2021 as unlawful, unconstitutional and null and void.
It also sought an order of the court to compel the authority of the Nigerian Police Force to vacate the national secretariat of IPMAN in Abuja, to allow the Engr Fari-led executive take possession to re-enter and continue their legitimate functions and also an order to vacate the IPMAN offices at Port Harcourt and Enugu and continue their legal businesses.
in a judgement deliver on Thursday, April 7, 2022, in Suit No: FH/CA/CS/69/2021, between Engr. Sanusi Abdul Fari and 9 others against Nigerian Police and 20 others, the presiding judge, Justice Ijeoma Ojukwu, pronounced that the Nigerian Police lacks the powers to forcefully occupy IPMAN offices on the grounds that they are interpreting court judgment.
She added that neither do they have the powers to carry out execution without valid court order.
Justice Ojukwu, who condemned the Police occupation of IPMAN offices, stressed that such attitude exhibited by the police is not in tandem with a Supreme Court judgment, which had already been interpreted in Suit No: FHC/CA/CS/32019; stressing that “their occupation of national headquarters or unit offices of IPMAN was not occasioned by the decision of the Supreme Court, as that issue was not determined or pronounced upon by the apex court.
“It does not lie with the Police to arbitrarily enforce court order without an order of the court giving them such impetus as section 15 of the Sheriffs and Civil Processes Act does not donate such powers.”
The judge added that rather the Act states “that it shall be the duty of the Police to assist in the execution of processes of the court, usually in giving protective cover to the bailiffs of the court.’
“In construing Section 4 of the Police Act 2020 and Section 15 of the Sheriffs and Civil Process Act 2002, the Police have no powers to reverse the judgment of this court in Suit No: FHC/CA/CS/#2019 and the judgment of the Supreme Court of Nigeria in Appeal No: SC/15/2018 or any judgment of a court.”
The court ruled that the Attorney General of Federation, AGF, is a necessary party and was rightly joined in the suit despite the protestation by the AGF, who was the second defendant in the suit that there was no cause for action discussed against the AGF.
Counsel to IPMAN, Daniel E. Mgbe, Esq, stated that with the judgment delivered, “the legal tussle between factions of the IPMAN has come to an end as the unlawful eviction of the IPMAN executives by the Police in Enugu, Port Harcourt, Aba, Bayelsa, Makurdi and Calabar has been found to have no basis in law.”
IPMAN National President, Alhaji Debo Ahmed, who was inaugurated on January 18, 2022, while lauding the judiciary for the judgment, appealed to the Police to obey and respect court orders by vacating their secretariats across the country for peace to reign.
Commenting on the issue, the Cross River State chairman of IPMAN, Comrade Robert Obi, while hailing the judiciary, stated that he is quite optimistic that the ruling would definitely attract peace and tranquility in the association, charged members of the association to sheath thier swords and work towards the development of the downstream oil sector.
He lamented the setback that the crises had brought to the petroleum marketers association, following the leadership tussle that ensued, leading to a series of litigation.
The Cross River State IPMAN Chairman stated that the Supreme Court had in a judgment in Suit No SC/15/2018, delivered on December 14, 2018 and its subsequent interpretation by Federal High Court Calabar in Suit No: FHC/CA/CS/3/2019 dated June 19, 2019 recognized automatic succession of the Deputy National President, Alhaji Fari, as National President of IPMAN, based on the 1997 constitution of the association as against one Chinedu Okoronkwo.
The Cross River State IPMAN chairman frowns at what he described as llegal moves by some members of the association to misinterpret the Supreme Court ruling or subvert the will of the people and impose their cronies on the association, even when the facts of the matter are very clear.
Obi charged members of the association to join hands with the new National President, Alhaji Debo Ahmed, who took over form Engr. Fari to build a formidable association.
He stressed that IPMAN’s constitution of 1997 allows automatic succession and rotation of its leadership as Chief Lawson Obasi (East), Engr. Sanusi Fari (North) and now Alhaji Debo Ahmed (West) all emerged through the constitutional provisions.
