How courts affirm Adewoyin as substantive National President of IPMAN —Investigation
The leadership battle plaguing the Independent Petroleum Marketers Association of Nigeria (IPMAN) seems to have neared its end as investigation affirmed Chief Kolawole Adewoyin as the authentic National President of the Union, investigation revealed.
Since 2014, the association has been enmeshed in a leadership crisis and protracted legal battle on the authentic leadership of the National Executive Committee of IPMAN.
While it has been a been serious tussle between Engineer Sanusi Abdu Fari and Elder Chinedu Okoronkwo, Judgments from both High Court and Appeal Court have however affirmed that Chief (Dr) Kolawole Adewoyin is actually the authentic National President of IPMAN.
The court documents also shows that the selection of Alhaji Debo Ahmed by Engineer Sanusi Abdul Fari to succeed him as IPMAN National President was illegal.
Investigations showed that Chief (Dr) Kolawole Adewoyin has many favourable court judgements against Engineer Sanusi Abdu Fari, Debo Ahmed and Elder Chinedu Okoronkwo.
In one of the cases filed on the 26th of June 2020 by Chief (Dr) Kolawole Adewoyin at the Federal High Court, Ibadan, against Engineer Sanusi Abdul Fari and his National Executive Council of IPMAN, Alhaji Debo Ahmed and the Registered Trustees of IPMAN and which a judgement was delivered by Justice J.O Abdulmalik on the 18th of November 2020.
ORDER OF THE COURT
Upon this originating summons dated 25th of June 2020 and filed on the 26th of June 2020, coming up before this Honourable Court for Judgment on the 18th day of November 2020 seeking the following reliefs:
- A Declaration that the continuous occupation of the office of National President of IPMAN by the 1st Defendant after his expiration of his three years in office is wrongful and a gross violation of Article IX of the Independent Petroleum Marketers Association of Nigeria (IPMAN) 1997 Constitution.
- A Declaration that the Plaintiff who was elected and sworn in on 20 March, 2017 as National Deputy President as Deputy to the 1st Defendant is lawful and rightful person to take over as (IPMAN) National President in accordance to the principle of automatic succession enshrined in Article IX of the 1997 IPMAN’s Constitution.
- A Declaration that the Plaintiff, Chief (Dr) Kolawole Adewoyin has been duly sworn in as National President of the Independent Petroleum Marketers Association of Nigeria (IPMAN).
3rd Defendant and be recognized as such by the members and board of Trustees of the 3rd Defendant.
An Order of perpetual injunction restraining the Defendants their Executive members, agents privies and however described from parading the 1st and 2nd Defendants as National President and Deputy National President of the 3rd Defendant.
An Order directing the 1st Defendant whose tenure expired and ended on 21st March 2020 to immediately vacate office, deliver and hand over the office to the Plaintiff as the duly elected National President of Independent Petroleum Marketers Association of Nigeria (IPMAN) in line with the Article IX of the 1997 Constitution of Independent Petroleum Marketers Association of Nigeria 1997.
An Order of Perpetual Injunction restraining the 1st and 2nd Defendants or any other persons whatsoever either by themselves, agents, privies, associates, corroborators or whatsoever called, from parading themselves as the National President or Deputy National President of the 3rd Defendant.
Any Further Order or Orders this Honourable Court may deem fit to make in the circumstances of this case.
Upon reading the affidavit in support of the originating summons deposed by Chief Kolawole Adewoyin, Adult, Male Christian, Nigeria Citizen of No 10, Ibadan/Lagos Express road, Ayetoro, Toll Gate area, Ibadan, Oyo State.
And after Hearing, M.O. Oladejo Esquire Counsel to the Plaintiff who moved the Amended Originating Summons and urged the Court to grant the application, while Adeshina Olaniyan Esquire Counsel to the Defendants/ Respondents who opposed the said Application. And both counsels adopted their written submission.
And the Court having delivered its Judgment today the 18th day of November 2020.
IT IS HEREBY DECLARED As FOLLOWS: That the continuous occupation of the officer of National President of IPMAN by the 1 Defendant after his expiration of his three years in office is wrongful and a gross violation of Article IX of the Independent Petroleum Marketers Association of Nigeria (IPMAN) 1997 Constitution.
That the Plaintiff who was elected and sworn in on 20th March 2017 as National Deputy President as deputy to the 1s Defendant is Lawful and rightful person to take over as (IPMAN) National President in accordance to the principle of automatic succession enshrined in Article IX of the 1997 IPMAN’s Constitution.
That the Plaintiff, Chief (Dr) Kolawole Adewoyin be duly sworn in as National President of the 3rd Defendant and be recognised as such by the members and Board of Trustees of the 3rd Defendant.
IT IS HEREBY ORDERED AS FOLLOWS: AN ORDER of perpetual injunction is granted restraining the Defendants their executive members, agents, privies, and however described from parading the 1st and 2nd Defendants as National President and Deputy National President of the 3rd Defendant.
That the 1st Defendant whose tenure expired and indeed on the 21st March 2017 shall immediately vacate office, deliver and hand over the office to the Plaintiff as the duly elected National President of Independent Petroleum Marketers Association of Nigeria (IPMAN) in line with the Article IX of the 1997 Constitution of Independent Petroleum Marketers Association of Nigeria 1997.
AN ORDER of Perpetual Injunction is granted restraining the 1st and 2nd Defendants or any other person whatsoever either by themselves, agents, privies, associates, corroborators or whatsoever called, from parading themselves as the National President and Deputy National President of the 3rd Defendant.
It was Issued at IBADAN under the Seal of Court and the Hand of the Presiding on this 18th day of November, 2020.
Also an originating summons from Federal High Court of Nigeria, Abuja Division was served on Elder Chinedu Okororonkwo and two registered trustees of Independent Petroleum Marketers Association of Nigeria in 2021.
ORIGINATING SUMMONS BROUGHT IN PURSUANT TO ORDER 3 AND 4 OF THE FEDERAL HIGH COURT (CIVIL PROCEDURE) RULES, 2019: ARTICLE IX AND IX (iii) OF THE 1997 CONSTITUTION OF THE INDEPENDENT PETROLEUM MARKETERS ASSOCIATION OF NIGERIA (IPMAN AND UNDER THE INHERENT JURISDICTION OF THIS HONOURABLE COURT.
Elder Chinedu Okoronkwo and (2) the Registered Trustees Of Independent Petroleum Marketers Association Of Nigeria (IPMAN) whose address is No 41, Gnassingbe Eyadema Street, Asokoro, Abuja and No 3 Jabba Close off Dunukofia Street by FCDA Minister’s Gate, Area 11, Abuja, FCE, Within 30 days after service of this summons on them, inclusive of the day of such service cause an appearance to be entered for them to this summons which is issued upon the application of Chief (Dr) Kolawole Adewoyin (the Plaintiff, whose address is No. 10 lbadan, Lagos/Ibadan Express Road, Ayetoro Toll Gate Area, Ibadan, Oyo State for the determination of the following Questions/issues:
- Whether the Plaintiff who was duly elected and sworn in on 20 March, 2017 as National Deputy President of the Independent Petroleum Marketers Association of Nigeria can validly take over as the President in line with the principle of automatic succession enshrined in Article IX of the 1997 Constitution of the Independent Petroleum Marketers Association of Nigeria?
- Whether the 13 Defendant who was never validly elected by the members of the 2 Defendant can parade himself as the National President of the 2 Defendant against the rights of the Plaintiff who by the Constitution of the 2 Defendant is entitled to automatically take over and be sworn in as the National President of Independent Petroleum Marketers Association of Nigeria (IPMAN).
- Whether by the Spirit and letters of the 1997 Constitution of the Independent Petroleum Marketers Association of Nigeria, article IX, the Plaintiff can automatically take over.
Further investigations showed that after competent courts of law have declared Chief (Dr) Kolawole Adewoyin as the authentic National President of IPMAN, the duo of Elder Chinedu Okoronkwo and Alhaji Debo Ahmed are still claiming to be National Presidents of IPMAN.
Also in a new judgment delivered by Court of Appeal, Ibadan, on August 5, 2022, the Court affirmed Chief Kolawole Adewoyin is the authentic National President of the Independent Petroleum Marketers Association of Nigeria (IPMAN).
The new judgement delivered by Justice Kenneth Ikechukwu Amadi has now brought an end to the lingering leadership crisis facing the Independent Petroleum Marketers Association of Nigeria (IPMAN) in the country.
In the ruling and judgement at the Court of Appeal Ibadan, the Judge, Kenneth Ikechukwu Amadi berated the duo of Engineer Sanusi Abdullahi Fari and Debo Ahmed for refusing to vacate the office of National President of IPMAN.
The Appeal Court held that the 1997 constitution is unambiguous, and unanimously affirmed the Federal High Court judgement of 18th November 2020.
The Appellate Court also ordered both Engineer Sanusi Abdullahi Fari and Ahmed Debo to vacate and henceforth desist from parading themselves or any of their proxies from laying claims, exercising, carrying out the functions of the National President of IPMAN other than Chief Dr. Kolawole Adewoyin.
The Court also slammed a fine of N300,000,00 against Engineer Sanusi Abdullahi Fari and Ahmed Debo and ordered that the money be paid to Chief Dr. Kolawole Adewoyin.