Kano Court Dismisses Tenure Suit Against Fowler
Justice Allagoa in striking out out the suit after the review of the Preliminary Objection filed by Paul Erokoro, who is counsel to Fowler, stated that Stanley Okwara, the plaintiff, has no locus to file the suit.
Justice Allagoa agreed with Paul Erokoro that Okwara has no cause of action and that it was fatal to his suit that he didn’t file a pre-action notice to the court, as required by the Federal Inland Revenue Establishment Act 2007.
The judge also upheld Erokoro’s submission that the suit should be struck out as there is no “justifiable cause of action. ’
“ I upheld the Preliminary Objection of the first defendant and his plea that the plaintiff has no justifiable cause of action. The suit is hereby struck out”.
Ike Odume, who represented Fowler in court sprang to his feet to salute the forthrightness of the court and demanded that transportation cost should be paid, which was overruled by the court.
Before now, Stanley Okwara, had asked a Kano Federal High Court in suit No FHC/KN/CS/141/2019, to order Fowler to vacate his office, which, he claimed expired on August 18, 2019, claiming that Fowler was appointed on the 20th August, 2015 and has not ceased to hold office as the Chairman of FIRS after the 20th August, 2019.
Citing the provisions of Sections 3(2) (a), Section 4(a) and Section 11 (a)” of the FIRS Establishment Act 2007 and the decision of the Supreme Court in Ogbuinyinya & Ors. vs. Obi Okudo & Ors. (1979) All N.L.R. 105, Okwara claimed Fowler has no business to continue to hold office.
However, Fowler’s counsel led by Erokoro, a SAN supported by Odume and counsel to the Attorney General of the Federation—the second defendant in the suit T. A. Ghazalli, in a preliminary objection, asked the Federal High Court judge to strike out Okwara’s suit.
Other authorities cited by Erokoro to puncture Okwarra’s claim that he has a locus to institute the suit include: Re-Ijelu Vs LSPDC (1192) NWLR (Pt 266) 414 at 422-432, Olorode V Oyebi (1981) in 1 SCNLR 390 at 400, 1984 5 SC P 1 at 16, Sunday Adegbite Taiwo V Serak Adegboro & Ors (2011) LPELR 3155 ( SC) at page 15 B and Nyesom V Peterside
(2016 LPELR -40036 (SC); Barbus & Co Nig Ltd V Okafor-Udeji (2018) 11 NWLR (PT1630) 298 at 311-321, H-A and Emechebe V CETO Int Nig Ltd (2018 11 NWLR (pt 1631 520 at 537-538.
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