The Federal High Court, Lagos yesterday restrained the Incorporated Trustees of the Institute of Estate Surveyors and Valuers of Nigeria and the President of the Institute, from interfering with the rights of four members from practicing as licensed Estate Surveyors and Valuers.
The court also prevented the Institute, its president, men, officers, agents or any person described from publishing on any social media platform or forwarding to any newspaper to publish the findings/conclusions contained in the Institute’s investigation report dated January. 27, 2023 and letters dated January 31, 2023, pending the hearing and final determination of the motion for interlocutory injunction filed by the applicants.
The court also made an interim order against the Institute, the president, agents, servants and or privileges to give effect to all the letters dated January 31, 2023 issued by the Institute, which allegedly expelled three members of the Institute, pending a hearing and determination. of the motion in the notice submitted to them.
Justice Akintayo Aluko, sitting on the matter, made the above interim order, after hearing the motion filed and argued by Dr. Kemi Pinheiro (SAN), counsel for the applicants in the claim marked FHC/L/CS/191/ 2023.
Four members of the Institute, namely, ESV. Richard Olodu; ESV. Oyedepo Olalekan; ESV. Prophet Lewis Emmanuel and ESV. Abraham Akinropo initiated the action.
In the deposed affidavit, by the first applicant, ESV. Olodu, stated that he became an Associate Member of the first defendant on March 23, 2012, and that he is now the Honorary Assistant National Publicity Secretary of the first defendant, when he found out for a fact that the second – fourth applicant continued or had held. positions as current Kwara Branch Chairman, Lagos Branch past Publicity Secretary 2005/2007 and Secretary, NIESV Election Committee 2011/2012 as well as past Assistant Secretary, NIESV Election Appeal Committee 2016, respectively.
He stated that he knew firsthand and through his interactions with the defendants that since his admission as the first defendant as a member, he had at all times demonstrated the highest integrity expected of an honorable member with no record of disobeying or violating the dictates of the Constitution, Rules and Regulations- law or any act that may violate the general purpose of the association.
He averred that after the need to discuss certain issues related to the upcoming election of the first defendant, the financial members of the first defendant forwarded the Petition to the 1st Defendant with the aim of calling an Extraordinary General Meeting.
And to comply with the requirements, the members of the first defendant who wanted to invite the signatures collected extraordinary from the members of the Financial Professionals of the first defendant, but for various reasons, the Extraordinary Meeting (EGM) of the first defendant could not hold.
He swore that to his surprise, after trying to hold the EGM, the second defendant who now considers that the EGM is an attempt to ensure a free and fair election, which will not be in the interest of the sponsored candidates, thus participated in calling and threatening some members who signed the convocation from the EGM.
“After becoming the President of the first defendant, the second defendant instigated the Council of the first defendant to investigate the allegations of forgery of signatures in the cause of the convocation of the EGM of the first defendant,” he said.
Based on the above, the deponent states that on July 30, 2022, the first defendant’s Council approved the constitution and appointment of investigative panel members who were all personally nominated by the second defendant in the Inaugural Speech against the Council. nomination norms are known on the floor of the Council.
He said that as a sequel to the constitution of the so-called investigative panel, a letter of invitation was sent to the Claimant to appear before the alleged investigative panel, adding that after the alleged deliberations of the investigative panel, on January 27, 2023, the panel allegedly reached a conclusion. / findings exculpate him as a member of the first defendant.
Meanwhile, Justice Aluko after granting an interim injunction order adjourned the matter until February 23, to hear the applicants’ motion on notice.