The Association of Community Pharmacists of Nigeria (ACPN) has asked Justice Binta Nyako of the Federal High Court in Abuja to recused herself from the suit filed against the union and its National Executive Council (NEC).
ACPN and its eight other members of NEC and in FCT branch made the application in a preliminary objection filed to challenge the suit marked: FHC/ABJ/CS/895/25.
The members include Ambrose Dcphar, National Chairman of ACPN, sued as representative of NEC; Mrs Omokhafe Ashore, National Secretary of ACPN; ACPN; and Agwaye Ogenekuro, Designated Chairman, Caretaker Committee of ACPN, FCT Branch, as 1st to 4th defendants.
Others are Edwin Okechukwu, Designated Secretary, Caretaker Committee, ACPN, FCT Branch; and Ekema Essein, Designated Member, Caretaker Committee, ACPN, FCT Branch, as 5th and 6th defendants.
They also include Tunde Shittu, Designated Member, Caretaker Committee, ACPN, FCT Branch; Usman Fatima, Designated Member, Caretaker Committee, ACPN, FCT Branch and Dr U.N.O Uwaga, sued as Chairman and representative of the Board of Trustees of ACPN, as 7th to 8th defendants respectively.
The nine applicants, in the process dated and filed on June 13 by their lawyer, Uche Uzukwu, sought two orders.
They prayed the court for an order “recusing your Lordship, Justice Binta Nyako, from the hearing and/or determination of this case.
“An order of this honourable court transferring this case file to the Honourable Chief Judge of the Federal High Court Abuja for the reassignment of same to a different court.”
In their grounds of argument, they alleged that “Pharm Abdul-Rahaman Momodu (ARM), the Chief Executive Officer (CEO) of Universal Gaskiya Pharmacy Ltd, is married to the niece (Mrs. Zanaib Momodu) of Justice Binta Nyako’s husband (Rtd. Vice Admiral Muritala Nyako).”
The defendants further alleged that Abdul-Rahaman is a member of ACPN, FCT Branch and a staunch supporter of the claimants in the suit; particularly, the 1st and 2nd claimants.
According to them, there is a very huge likelihood of bias if my Lord, Justice Binta Nyako, proceeds to hear this case, as presently constituted, in terms of the parties.
“The defendants/applicants do not have confidence in this honourable court to do justice in this case,” they added.
The defendants, therefore, urged the court to grant their reliefs in the interest of justice.
The defendants, in another preliminary objection dated and filed on July 4, sought an order striking out the claimants’ suit, in its entirety, for being incompetent, an abuse of court process/forum shopping and/or lack of jurisdiction and competence of the court to hear and determine same.
Giving 11 grounds to back their argument, they said that the jurisdiction of the court is firmly entrenched and circumscribed in Section 251 of the 1999 Constitution (as amended) and in an Act of National Assembly.
They submitted that there was nothing in the statement of claim of the claimants/respondents that activates the jurisdiction of the court to hear the suit as jurisdiction is determined by the claimant’s statement of claim.
The defendants stated that the FCT Branch of ACPN “is an unregistered body/association and therefore a non-juristic person.”
“An unregistered association can only sue and/or be sued by/in its representative(s)capacity,” they argued.
They equally argued that the 3rd claimant (Amade Enejoh) and others had similar suits; (CV/1105/2025 and CV/1418/2025), filed against the 1st defendant and others, pending before the FCT High Court, Abuja.
They, therefore, prayed the court to strike it out.
Three aggrieved members of FCT chapter of ACPN, including Aloba Isaac, Chairman; Iyalla Chris, Secretary, and Amade Enejoh, had instituted the suit.
The claimants, in their writ of summons dated and filed on May 7, accused the defendants of unduly interfering in the March 27 election that produced them as the FCT’s executive members.
They, therefore, sought a declaration that the election of the FCT branch Executive Committee members of the ACPN conducted on March 27 was in accordance with the Bye-Laws of the branch and the Constitution of ACPN and thus, lawful, valid and of full effect.
They sought a declaration that the purported consequential appointment of the 4th to 8th defendants as members of a Caretaker Committee for the ACPN FCT Branch was accordingly null and void ab initio and of no effect, whatsoever.
The claimants then prayed the court to make an order of perpetual injunction, restraining all the defendants, especially the 4th to 8th defendants “from interfering in or disrupting the affairs, activities, funds, bank accounts, properties and other formal acts of the administration of the ACPN FCT Branch.”
Upon resumed hearing in the matter, Daniel Alumun, who appeared for the claimant, informed Justice Nyako that the matter was scheduled for mention.
He, however, said that the senior counsel, who is leading the team instructed him to apply for a stand-down of the matter till 11am.
When the judge inquired on why the lead counsel was seeking a stand-down of the case, Alumun said it was because the matter was meant for the hearing of the defendants’ preliminary objections.
“I cannot take the preliminary objection today. I can only adjourn to take that.
“I don’t see the urgency in this matter,” she said.
The judge subsequently adjourned the matter until Oct. 15 for hearing of the preliminary objection.
