Justice Ambrose Lewis-Allagoa of the Federal High Court has dismissed a suit filed by the Registered Trustees of the Auto Spare Parts and Machinery Dealers Association (ASPMDA) against the Lagos State government and the Inspector General of Police (IGP).
The judge ruled that the association’s suit, filed to prevent the respondents from interfering in its leadership crisis, constituted an abuse of court process.
The applicant had asked the court for a declaration that by virtue of Section 5(2)(a) and (b) of the 1999 Constitution and Sections 827 and 836 of the Companies and Allied Matters Act, 2020, the Lagos State Government lacks the authority to interfere in any manner with the management of the Applicant’s Association.”
They also urged the court to declare that it was ultra vires for the first respondent to act or rely on the purported legal advice from the office of the second respondent to dissolve or remove the applicant’s officers (Executive Council).
However, in its preliminary objections, the lawyer representing the state government, Ezekiel Akande, argued that the applicant’s lawsuit constituted a gross abuse of court processes.
Akande further urged the court to dismiss the case with substantial costs, stating that it lacked jurisdiction, was prima facie vexatious, and constituted an abuse of court process.
In his ruling, Justice Lewis-Allagoa held, “The crux of the Plaintiff’s claim revolves around the contest for leadership within the Registered Trustees of the Auto Spare Parts and Machinery Dealers Association (ASPMDA).”
The judge also held that the issues in the present case are the same as those in the previous suits. “It does not matter if different parties initiated those other suits; the problems remain the same (the leadership of the Association).
“All parties are members of that Association, and the present action constitutes an improper use of judicial process.”
“The law states that when two actions are brought before the court, if the second action seeks relief that could have been obtained in the first, the second action is considered vexatious and an abuse of court process.
“When a suit is determined to be an abuse of process, the appropriate order is to dismiss the suit in question,” the court stated.
Justice Lewis-Allagoa, apart from dismissing the suit, awarded a cost of N200,000 against the applicant, payable to both the Attorney General of Lagos State and the Inspector General of Police.
