The Court of Appeal in Abuja has affirmed a judgment of the Federal High Court, sacking Kabir Ibrahim as the President of the All Farmers’ Association of Nigeria (AFAN).
Justice Taiwo Taiwo of the Federal High Court (now retired) had, in the judgment, on the suit marked: FHC/ABJ/CS/322/2020 delivered on March 24, 2022 restrained Ibrahim from further parading himself as AFAN’s President.
Justice Taiwo also declared the election held in Kano on April 10, 2021 by AFAN General Assembly, which produced Farouk Mudi (as the National President) and other members of the group’s National Working Committee (NWC) and National Executive Council (NEC) is lawful and valid.
The judge ordered Ibrahim, whose tenure, he held, had expired since June 14, 2019, to hand over the assets and property of the association in his possession and custody.
In its judgment on Thursday, a three-member panel of the Court of Appeal was unanimous in affirming Justice Taiwo’s judgment.
in the lead judgment, in the appeal marked: CA/ABJ/CV/554/2022, filed by Ibrahim, Justice Mohammed Danjuma resolved the two issues, identified for determination, against the appellant.
Justice Danjuma added: “This appeal is devoid of merit and, it is hereby, dismissed.
“The judgment of the lower court (Federal High Court), delivered on the 24th day of March, 2022, is hereby affirmed.
“A cost of N200,000 is hereby awarded against the appellant and in favour of the respondent (the Mudi-led AFAN).”
Justice Ali Gumel, who presided and Justice Anthony Ogakwu, who was also on the panel, agreed with the lead judgment.
In his 2022 judgment, Justice Taiwo held among others that Ibrahim was no longer the President of the association.
He said: “I have read the constitution of the association, which says the tenure of its elected officers shall be for five years tenure.
“I find that the first defendant (Ibrahim) and the EXCO were inaugurated on 14th of June 2014.”
Justice Taiwo noted that although claimed to have been inaugurated as the group’s President on June 15. 2014 in the affidavit he deposed to, there was evidence before the court that he was actually inaugurated on June 14, 2014.
He said the tenure of Ibrahim and his led EXCO’s tenure ought to have expired on June 14, 2019, declaring that “at that point, the first defendant and his EXCO ceased to be in office.”
