Court Orders Amuwo Odofin Fitness Club To Pay N1m Damages To Unlawfully Expelled Member

A Lagos High Court sitting in Tafa Balewa Square (TBS), annex of
Igbosere, has awarded the sum of N1 million as general damages to
Mr Michael Ifekandu, an Assistant Financial Secretary of the Amuwo
Odofin General Fitness Club, who was unlawfully expelled from the
club.

Justice E.O. Ashade held that the N1 million is awarded as
general damages jointly and severally against the respondents for
the purported unlawful expulsion of the applicant from the Amuwo
Odofin General Fitness Club.

The judge also awarded 21 per cent post-judgment interest per
annum on the judgment from the date of judgment till the date of
the final liquidation of the judgment sum. Amuwo Odofin General
Fitness Club is a social club registered with the CAC and its
office is located at 112 Road, E Close, House 11 Festac Town
Lagos.

The applicant had formally requested for an investigation of
some members of the executive council to which the applicant
belongs over the allegation of misappropriation of funds of the
club.

The applicant, through his lawyer, Maduka Onwukeme, had on
December 18, 2020, filed an amended originating summons to seek
four questions on determination against the respondents, the
Incorporated Trustees of Amuwo Odofin General Fitness Club,
Kingsley Anaege (President), Chuka Uzodike (Secretary), Okechukwu
Jones (Assistant Team Manager), Chukwudi Iloeje (Welfare Officer),
Ben Chibueze (Chief Team Manager), Uzochukwu Ike (Provost).

Others are Macgoshen Onwunzo (PRO), John Enekweizu (Treasurer),
(The members of the executive committee of Amuwo-Odofin General
Fitness Club), Frank Nwaka (Secretary Disciplinary Committee), Oke
Orah (Chairman Disciplinary Committee), B. O. C. Egwuonwu (Member
Disciplinary Committee), Samuel Okafor (Member Disciplinary
Committee) and Umeh Joachim (Member Disciplinary Committee).

The first respondent through its counsel Emeka Nwabueze, in its
reply to the amended originating summons, filed a 39 paragraph
counter affidavit dated December 24, 2020.

Also in opposition to the amended originating summons, the 2nd
to 15th respondents/applicants, through their counsel Godwin Eluu,
filed a notice of preliminary objection dated January 19, 2021,
challenging the jurisdiction of the court to entertain the suit on
the principal grounds that the 2nd to 15th respondents/applicants
are agents of a known and disclosed principal, i.e incorporated
Trustees of Amuwo Odofin General Fitness Club and as such cannot be
sued as parties to the suit and urged the court to strike out the
names of the 2nd to 15th respondents/applicants.

They also filed affidavit in support of the notice of
preliminary objection and written addresses.

The applicant had formally requested for an investigation of
some members of the executive council to which the applicant
belongs over the allegation of misappropriation of funds of the
club.

While delivering judgment, the judge resolved all the issues, in
favour, of the applicant and set aside the expulsion.

The judge also directed the respondents to appoint an
independent auditor to audit the accounts and financial records of
the Amuwo Odofin Fitness Club in accordance with article 11 of the
Constitution of Amuwo Odofin General Fitness club date October 29,
2014.

He said: “The purported expulsion of the Applicant from the
Amuwo Odofin General Fitness Club is hereby set aside on the
grounds that the 10- 15th respondents as members of the
Disciplinary Committee of the Amuwo Ofofin General Fitness Club who
were the appointees of 2nd- 9th respondents had no jurisdiction and
competence to sit, hear or try the applicant as they did in this
case on the allegation of financial impropriety leveled against the
2nd, 3rd, 8th, and 9th respondents to make any recommendation
thereon.”

“The Disciplinary Committee made up of the 10th-15th respondents
was in fragrant breach of the Applicants rights to fair hearing in
the following ways,

“The Disciplinary Committee constituted themselves into the
accusers, prosecutors and judges of the applicant at the same time.
The applicant was not informed by the Disciplinary Committee or
anybody of the allegation against him, the content of the
allegations, who his accusers were, the evidence and witnesses
against him,” the judge held.

Justice Ashade restrained the respondents, from suspending,
expelling or restricting the membership rights of the applicant on
the grounds of his allegation of financial misconduct against the
members of the executive council of the club or for any other
reason than in accordance with the extant laws of the club.

“The whole proceedings leading to the purported expulsion were
seriously afflicted by not just the vice of the likelihood of boas
but actual bias,” the Judge held.

A Lagos High Court sitting in Tafa Balewa Square (TBS), annex of
Igbosere, has awarded the sum of N1 million as general damages to
Mr Michael Ifekandu, an Assistant Financial Secretary of the Amuwo
Odofin General Fitness Club, who was unlawfully expelled from the
club.

Justice E.O. Ashade held that the N1 million is awarded as
general damages jointly and severally against the respondents for
the purported unlawful expulsion of the applicant from the Amuwo
Odofin General Fitness Club.

The judge also awarded 21 per cent post-judgment interest per
annum on the judgment from the date of judgment till the date of
the final liquidation of the judgment sum. Amuwo Odofin General
Fitness Club is a social club registered with the CAC and its
office is located at 112 Road, E Close, House 11 Festac Town
Lagos.

The applicant had formally requested for an investigation of
some members of the executive council to which the applicant
belongs over the allegation of misappropriation of funds of the
club.

The applicant, through his lawyer, Maduka Onwukeme, had on
December 18, 2020, filed an amended originating summons to seek
four questions on determination against the respondents, the
Incorporated Trustees of Amuwo Odofin General Fitness Club,
Kingsley Anaege (President), Chuka Uzodike (Secretary), Okechukwu
Jones (Assistant Team Manager), Chukwudi Iloeje (Welfare Officer),
Ben Chibueze (Chief Team Manager), Uzochukwu Ike (Provost).

Others are Macgoshen Onwunzo (PRO), John Enekweizu (Treasurer),
(The members of the executive committee of Amuwo-Odofin General
Fitness Club), Frank Nwaka (Secretary Disciplinary Committee), Oke
Orah (Chairman Disciplinary Committee), B. O. C. Egwuonwu (Member
Disciplinary Committee), Samuel Okafor (Member Disciplinary
Committee) and Umeh Joachim (Member Disciplinary Committee).

The first respondent through its counsel Emeka Nwabueze, in its
reply to the amended originating summons, filed a 39 paragraph
counter affidavit dated December 24, 2020.

Also in opposition to the amended originating summons, the 2nd
to 15th respondents/applicants, through their counsel Godwin Eluu,
filed a notice of preliminary objection dated January 19, 2021,
challenging the jurisdiction of the court to entertain the suit on
the principal grounds that the 2nd to 15th respondents/applicants
are agents of a known and disclosed principal, i.e incorporated
Trustees of Amuwo Odofin General Fitness Club and as such cannot be
sued as parties to the suit and urged the court to strike out the
names of the 2nd to 15th respondents/applicants.

They also filed affidavit in support of the notice of
preliminary objection and written addresses.

The applicant had formally requested for an investigation of
some members of the executive council to which the applicant
belongs over the allegation of misappropriation of funds of the
club.

While delivering judgment, the judge resolved all the issues, in
favour, of the applicant and set aside the expulsion.

The judge also directed the respondents to appoint an
independent auditor to audit the accounts and financial records of
the Amuwo Odofin Fitness Club in accordance with article 11 of the
Constitution of Amuwo Odofin General Fitness club date October 29,
2014.

He said: “The purported expulsion of the Applicant from the
Amuwo Odofin General Fitness Club is hereby set aside on the
grounds that the 10- 15th respondents as members of the
Disciplinary Committee of the Amuwo Ofofin General Fitness Club who
were the appointees of 2nd- 9th respondents had no jurisdiction and
competence to sit, hear or try the applicant as they did in this
case on the allegation of financial impropriety leveled against the
2nd, 3rd, 8th, and 9th respondents to make any recommendation
thereon.”

“The Disciplinary Committee made up of the 10th-15th respondents
was in fragrant breach of the Applicants rights to fair hearing in
the following ways,

“The Disciplinary Committee constituted themselves into the
accusers, prosecutors and judges of the applicant at the same time.
The applicant was not informed by the Disciplinary Committee or
anybody of the allegation against him, the content of the
allegations, who his accusers were, the evidence and witnesses
against him,” the judge held.

Justice Ashade restrained the respondents, from suspending,
expelling or restricting the membership rights of the applicant on
the grounds of his allegation of financial misconduct against the
members of the executive council of the club or for any other
reason than in accordance with the extant laws of the club.

“The whole proceedings leading to the purported expulsion were
seriously afflicted by not just the vice of the likelihood of boas
but actual bias,” the Judge held.