Kolawole Adewoyin, the authentic National President of the Independent Petroleum Marketers Association of Nigeria (IPMAN), has urged the Supreme Court in Abuja to dismiss the application for enlargement of time to which to appeal brought by Alhaji Engineer Sanusi Abdul-Fari, Alhaji Debo Ahmed and the Registered Trustees of Independent Petroleum Marketers Association of Nigeria (IPMAN).
Adewoyin in a counter-affidavit sworn to and signed by him in Appeal No. SC/CV/234/2023, a copy of which was seen by our correspondent, urged the court to dismiss the application filed by the appellants, on the ground that it is another attempt by the appellants to continue to elongate their tenure in office and seeking judicial backing to their act of illegality.
He added that a copy of a Motion on Notice filed by the Appellants/Applicants on 15/2/2023, was served on him through his office.
The Counter Affidavit partly read as follows;
“I have read the Affidavit in support of the Application sworn to by the 2nd Applicant but paragraphs 3 & 4 of the Affidavit in support of the said application are true while depositions in paragraphs 1,2, 5, 6, 7, 8, 9,10, 11, 12, 13, 14, 15,16, 17, 18,19, 20 & 21 of the Affidavit in support are untrue.”
Explaining further, Adewoyin stated that by the Judgment of the Federal High Court, Ibadan Division, in Suit No: FHC/IB/CS/26/2020 delivered on the 18th November 2020, he was ordered to take over as the National President of IPMAN in accordance with the 1997 of the Independent Petroleum Marketers Associations of
Nigeria’s Constitution but the Appellants appealed against the said judgment to the Court of Appeal and filed an Application for Injunction pending appeal to deny him the fruits of the judgment.
“Despite the fact that the tenure of the 1st and 2nd Appellants had expired since 21st March, 2020, they continued to stay in office, relying on the Appeal filed against the Judgment and application for Injunction pending Appeal.”
He stressed further that while the Appeal was pending at the court of Appeal, the No 1 Appellant in a bid to render nugatory the outcome of the appeal and created more crisis swore-in the 2nd Appellant as the new National
President of the 3rd Appellant on 18th January, 2022 at NAF Conference Centre, Kado, Abuja.
“The court of Appeal, Ibadan division, on the 5th August, 2022, dismissed the Appellants’ Appeal and re-affirmed the judgment of the Federal High Court.”
According to Dr. Adewoyin, contrary to paragraphs 5,6,7,8 & 9 of the Affidavit in support, the Appellants were aware of the judgment of the Court of Appeal without doing anything but now filed this application to continue to elongate their
tenure in office and seeking judicial backing to their act of illegality.
He further stated that the Applicants have not shown any cogent reason to justify the grant of their Application by the Apex Court .
He further deposed to the following facts in his counter Affidavit.
“That the Appellants’ application is another attempt by them to deny him of his legal and constitutional right as provided for in the 1997 Constitution of the 3rd Appellant and applying for the legal backing to the unlawful swearing in of the 2nd Appellant as the National President of the 3rd Appellant which was done on 18 January, 2022.”
“The Proposed Notice of Appeal attached by thę Appellants to their Application for leave to appeal has not raised any strong, arguable or recondite issue of law to warrant granting this Application by this Honourable courts as there are concurrent decisions by the Federal high court and lower Court on the issue of lis pendens and evaluation of evidence while issue relating to the provisions of Section 264C of the Constitution of the Federal Republic of Nigeria 1999 (as amended) never arose for determination before the two previous Courts.”
He added that it is a further trick of the Appellants to deny him the fruits of the Judgment he obtained since 18th November, 2020 which was affirmed by the Court of Appeal on 5th August, 2022.
“There was no prayer before this honourable Court for leave any new issue that was never raised before the lower Court and to file or call additional evidence.”
“There is no special circumstance shown by the Applicants to justify granting leave to appeal against the concurrent findings of both the Federal High court and lower Court.”
He added that the circumstances of the case are not in favour of a grant of an Application for leave to Appeal but urged the court to dismiss the Application in the
interest of justice.
“He added that it will be in the interest of justice, equity and fair play to refuse the Applicants Application.”
Also, while speaking to our correspondent on phone regarding the counter affidavit, Chief Adewoyin said that Debo Ahmed and others are only showing acts of desperation.
According to him, the Appellants have forgotten that the judiciary is the last hope of common man.
He used this medium to call on leadeship of NUPENG, the leadership of NNPC, Inspector General of Police and other stakeholders not to recognise the Debo Ahmed’s led leadership of IPMAN, as by so doing it will amount to supporting illegality.