SAN, businessman accuse LCC trustees of contempt

August 12, 2025 by Adebisi Onanuga

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Justice Ambrose Lewis-Allagoa of a Federal High Court, Lagos will on October 30 decide whether or not to grant the prayers of a Senior Advocate of Nigeria (SAN) Babatunde Fashanu and a businessman, Dr Edwards Ademosu to commit the  Registered Trustees and Caretaker Committee of Lagos Country Club  (LCC) for disobedience to orders of the court.

Fashanu and Ademosu have filed fresh applications before the Court seeking orders  of committal to prison against the  Registered Trustees and Caretaker Committee of the  club.

The Registered Trustees are 1st to 12th defendants and the Caretaker Committee members who are 13th to 27th defendants, were listed as defendants  in each of the suit filed seprately by the plaintiffs, Fashanu and Ademosu respectively.

Fashanu, on July 7, 2025 had filed Form 49 Order IX, Rule 13, Judgments (Enforcement  Rules Cap, S6  Laws of The Federation of Nigeria, 2004. It was titled, “Notice To Show Cause Why Order of Attachment Should Not Be Made”  against the defendants, including Registered Trustees of the LCC (1st  to 12th defendants) and  13th, 14th, 17th and 19th defendants.

The plaintiff in Form 49 asked  the defendants to show cause why they should not be “committed to prison for having neglected to obey the order of this court made on the 22nd day of October, 2024.”

“That parties are hereby required to maintain status quo”

Aside from being  required to attend the court on the next sitting , the defendants were  to show cause why an order for  commital  should not be made against them.

The hearing of the matter before Justice Ambrose Lewis-Allagoa  has  been rescheduled to October 30, 2025 from July 15, 2025.

Ademosu in his suit filed July 9, 2025 asked same defendants to show cause why they should not be committed to prison for having neglected to obey the order of the court made on October 22, 2024 thus: “That parties are hereby required to maintain status quo.”

“Take notice that you are hereby required to attend the court on the first mentioned day to show cause why an order for your  committal should not be made.”

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In a 14-paragraph affidavit deposed to in support of the motion, Julius Abifarin deposed that despite the service of the court processes by the bailiff  on the defendants, the 1st defendant has continued the very activities sought to be restrained in the plaintiff’ s Motion on Notice of October 3, 2024 including reconstitution of the Caretaker Committee set-up under the Consent Judgment of July 4, 2024 in Suit No. FHC/L/CS/321/24 sought to be set-aside.

 Abifarin stated that on March 20, /2025, a Motion on Notice was filed herein by the plaintiff  to set aside the said reconstitution and inauguration of the Caretaker Committee of the Club. 

The deponent that by notice a dated 12/04/2025, some members of the Lagos Country Club appointed by the 1st defendant. slated an Emergency General Meeting (EGM) for 28/04/2025 for “Presentation and ratification of the Caretaker Committees review of the report Disciplinary Committee’s Report as directed in the Consent Judgment. ”

 He averred that the 1st  defendant and its  agents also went ahead to conduct the said EGM on 28/04/2025, adding that the 1st defendant’s  and its said agents had earlier issued a notice titled “Lagos Country Club May 2025 General Election Timetable” signed by its said agents detailing the very activities sought to be restrained in his pending Motion on Notice.

The deponent stated that on June 6, 2025, the  1st defendant purportedly swore in the said persons and others said to have been elected into the Club’ s Management Council  and listed the documents and true copies of invitations by the 1st defendant and its agents and his address at the swearing-in of the management council of the club dated June 6, 2025. 

Abifarin averred further that the 1st defendant and its agents went ahead to conduct elections into the Club’ s Management Council! which he believed will render the  Motions on Notice of Octeber 3, 2024 and March 20, 2025 and the suit nugatory as the posts are open to some of the defendants accused of malpractices in said Petitions being the 13th, 14th. 17th and 19th defendants. 

He stated that the 1st defendant and its agents  came out with a list of nominated candidates for the “May 2025 General Elections” which included the 13th, 14th, 17th and 19th defendants who are accused of malpractices in the said petitions which are the subject-matter of this suit.

 “This honourable court had ordered that the status-quo be maintained in this suit by its Orders of October 22,2024 and November 6, 2024 among others”, he stated, adding that the 1st defendant and its agents thereafter conducted elections into the Club’ s Management Council which included the 13th, 14th, 17th. and 19th defendants as candidates notwithstanding the pendency of this suit and Motions on Notice to bar such.

He averred that sometime in May, 2025, the 1st defendant’s agents published a notice entitled “May 2025 General Election Results” by which persons including the said defendants (the 13th, 14th. 17th and 19th defendants) the focus of this suit were said to have been elected unopposed.

“Thereafter, an “Extraordinary General Meeting” was announced by the pre-emptive Caretaker Committee set-up by the 1st  defendant during the pendency of the Court’ s status-quo orders to be heard on  June 3, 2025 and was so held accordingly.”

“On June 6, 2025, the 1st defendant purportedly swore-in the said persons and others said to have been elected into the Club’ s Management Council and attached true copies of invitations by the Ist defendant and its agents and his address at the swearing-in of the Management Council of the Club delivered same day.

Dr. Ademosu, in his 24-point affidavit in support of his motion, “Notice To Show Cause Order Of  Attachment/Commital Should Not Be Made” averred that n spite of the service of the Form 48 on the said defendants and their being aware of the said status-quo orders ever since they were made, the 1st, 13th 14th, 17th, and 19th defendants have not obeyed the said orders of the court.

He averred: “it is the duty of the court to protect and enforce its subsisting orders to disallow the said parties complained of from being the ones in control of this suit and to avoid erosion of public confidence in our courts.”

Ademosu averred that the defendants complained of are taking the law into their hands by not allowing the court to decide on his  Motions on Notice dated September 20, 2024 and March 25, 2025, including the subsisting suit before taking the said pre-emptive actions.

He averred that the  1st defendant and its agents  went ahead to conduct elections into the Club’s Management Council which he believed will render his Motions on Notice of September 20, 2024 and March 25, 2025 and the present suit nugatory as the posts are open to some of the defendants accused of malpractices in his petition being the 13th. 14th, 17th  and 19th defendants.

Ademosu stated that the  said Form 48 which was endorsed on the Court Order of status quo of October 22, 2024 was served on the 1st, 13th. 14th, 17th and 19th defendants by a bailiff  through the Office of the Acting General Manager of the Lagos Country Club pursuant to order of the court  allowing such service of September 30, 2024.

He deposed that upon not complying with the said status-quo order, he caused “Form 48” (Notice of Consequences of Disobedience To Order of Court)  to be issued herein and served on the 1st, 13th. 14th, 17th and 19th defendants. 

He averred that the 1st defendant and its agents came out with a list of nominated candidates for the “May 2025 General Elections” which includes the the 1st, 13th. 14th, 17th and 19th defendants, who are accused of alleged malpractices in his said petition which is the subject matter of the suit before the court.

The deponent recalled that the court had ordered that the status-quo be maintained in the suit by its Orders of  October 22, 2024 and November 6, 2024 among others.

He claimed that the 1st defendant and its agents  conducted elections into the Club’s Management Council which included the the 1st, 13th. 14th, 17th and 19th defendants as candidates notwithstanding the pendency of this suit and Motions on Notice to bar such.

Ademosu averred that sometime in May, 2025, the 1st  defendant’s agents published a Notice entitled “MAY 2025 GENERAL ELECTION RESULTS” by which persons including the said defendants, the focus of this suit were said to have been elected unopposed.

He also deposed that thereafter, an “Extraordinary General Meeting” was announced by the pre-emptive Caretaker Committee set-up by the 1st defendant, during the pendency of the Court’s status-quo orders to be held on  June 3, 2025.

He averred that on June 6, 2025. the 1st defendant purportedly swore-in the said persons and others said to have been elected into the Club’s Management Council and attached copies of invitations by the 1st defendant and address at the swearing-in of the Management Council of the Club on June 6, 2025.

He averred that he believed that these actions of the 1st defendant who conducted or caused the elections and EGM to be held and those of the (3rd, 14th, 17th and 19th defendants who presented themselves for elections and swearing-in are in breach of the said Orders of Status-quo are contemptuous of the  Court.