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Court Quashes Decision Of Ikoyi Club 1938 To Expel Member - Politics - Nairaland

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Court Quashes Decision Of Ikoyi Club 1938 To Expel Member by ACAN(m): 12:53pm On Sep 22, 2011

COURT QUASHES DECISION OF IKOYI CLUB 1938 TO EXPEL MEMBER


Almost Three years after  the expulsion of Prince Mondi Aigbedion who is a Lagos based businessman and a security consultant  from IKoyi, Club 1938 based in the export on an investigative panel of the Club, A Lagos High Court on the 1st of July 2011 ordered that the decision was made in error and should be quashed.

Justice A. A. Philips (Mrs.) ruled that the investigative panel and disciplinary committee of the Club had acted extra- judicially in expelling Prince Mondi Aigbedion since they lacked the power to investigate the crime which they alleged against him. The Court also noted that although the Applicant’s right to fair hearing had been violated in the course of investigation his application was brought solely in the ground that the committee lacked the jurisdiction to expel the Applicant.

In the 10 page judgment the  judge held that expulsion of Prince Mondi Aigbedion was made in “error” and, therefore quashed.

Prince Mondi Aigbedion, through his counsel Mr. Richard Oma Ahonaruogho sued Mr. Richard L.  Kramer and three others (As the registered trustees of Ikoyi, Club 1938 over his expulsion as a member of Ikoyi Club 1938.

He prayed the Court for two orders: An order of Certiorari removing for the purpose of being quashed the report of the investigative panel of the respondents finding him liable for expulsion based in the allegation of a crime; and also praying the Court for Consequential orders.

The registered trustee through their counsel had argued that the decision of the general committee of Ikoyi Club, 1938 to expel the Applicant was based on the report of the disciplinary sub committee of IKoyi Club 1938 and not the finding of the panel of inquiry constituted by the trustees of the Club. He further argued that there was no evidence before the Court that the Applicant was not given an opportunity to appear before the said panel of inquiry.
In reply Leaned counsel for the Applicant, argued that Prince Mondi Aigbedion was not given an opportunity to make any representation before the alleged disciplinary tribunal and that the alleged report of the disciplinary subcommittee does not exist.

After the judgment Prince Mondi Aigbedion had this to say “I am grateful to Almighty God for the victory. I believe in God and God has done His work. I have nothing else to say other than to thank God. The ruling of the Court is an indication that the judiciary is the last hope of the common man”.

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