BY UCHE CHUKWU, AWKA
Anambra State High Court has dismissed the suit instituted by Chigozie Nweke challenging legal move to unseat him by Association of Non-Indigenes Welfare (ANISA-ANIAS) in Anambra State led by High Chief Great Ikechukwu Ugwuoke. Nweke (the defendant-applicant) had filed a motion in Suit No. A/237/2024/3136m/2024 against Association of Non-Indigenes Welfare (ANISA- ANIAS) in Anambra State (1st defendant), President -general of ANUSA-ANIAS, High Chief Great Ikechukwu Ugwuoke (2nd defendant), HRH Igwes Amos Nkwuda (ANISA-ANIAS) and Pastor Anthony Egbe (General Secretary, ANISA-ANIAS) with intent to challenge bid to sack him. .
This action was sequel to a suit before Justice Ike Ogu by the defendants-respondents who as the plaintiffs had sought for a declaration that they are entitled to exclusive use of their Incorporated name, ” Association of Non-Indugenes Welfare (ANISA-ANIAS) in Anambra State registered with Corporate Affairs Commission (CAC) No. 7674469 seeking punitive and aggravated damage from the defendant (Nweke) for continuous, wilful, malicious, abusive and deliberate use if their name, address and/or office of the plaintiffs in print and media publicity. Furthermore, to he plaintiffs sought for an order setting aside and/or nullifying the wilful, malicious, deliberate, colossal and abusive use of all or any part of the plaintiffs’ incorporated association’s title, name, address, office in any firm, manners or style without the plaintiffs’ ‘ approval, consent and authority, same being illegal,, unlawful and unconstitutional and null and void.
They also prayed for an order mandating the defendant to desist forthwith from use of all or any part of the plaintiffs’ incorporated association’s title, name, address, and office in any form, manners or style aimed at misleading the State government jr any of its numerous agencies and members of the general public towards misinterpreting or purporting to commute that the defendant (Nweke) is the National President of Association of Non-Indigenes in Anambra State (ANIAS) or that there exists a parallel body to that of the plaintiffs’ incorporated Association if Non-Indigenes Welfare (ANISA-ANIAS) in Anambra State operating from the same location.
They also accused the defendant (Nweke) of impersonation having on 27th May 2024 congratulated Anambra State Governor, Professor Chukwuma Soludo as the election governor, and on 7th July 2024 celebrated his birthday personally posted on his Facebook account/page/wall, actions, their claim considered as illegal, unlawful, unconstitutional, null and void ab initio by the opposition.
But Nweke as defendant -applicant in a motion challenging the move sought for an order dismissing the entire reliefs suit in the defendants- respondents’ suit for lack of jurisdiction, being that the suit arises from the operation and regulation of Companies incorporated under Companies and Allied Matters Act (CAMA) 2020. Remarkably, the court observed that both parties framed their sole issue for determination on the interpretations of Section 251(1)(e) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and Section 868 of CAMA 2020.
The court observed that the issue of jurisdiction is fundamental, being the foundation and pivot of adjudication, adding, “if if a court lacks the necessary jurisdiction to entertain better, it automatically necessary competence to try the case at all, making the entire proceedings null and void ab initio.” After looking into the reliefs sought by the plaintiffs- respondents the court noted that where the suit involves the control or administration of a company, and deals with ordinary routine business of a company, the State High Court will be vested with jurisdiction and not Federal High Court. Also, the court held that, in an action involving regulating, running or control or administration of company or , the Federal High Court would be vested with jurisdiction but where the suit involves the control or administration of a company and deals with the ordinary routine business of a company, a State High Court not the Federal High Court has jurisdiction to entertain and determine the matter. In this instant case, the court held that “the plaintiffs- respondents’ action has nothing to do with regulating, running, management and control of the 1st plaintiff-respondent which is a registered body and therefore this court has jurisdiction to entertain and determine the suit To this end, Justice Ike Ogu was of the view that the reliefs sought touch in the CAMA 2020 or on the management of a company, contending that the reliefs by
plaintiffs- respondents in no way touch o the CAMA 2020 or the operation, regulation, management and control of the 1st plaintiff. In conclusion, the court held that the implications is that the sole issue for determination must be and is resolved in favour of the plaintiffs- respondents and against the defendant-applicant. .
Therefore, Justice Ike Ogu held declared that the court has jurisdiction to entertain and determine the suit which he said lacks merit andy accordingly dismissed it with a N100,000 cost to the plaintiffs- respondents and against the the defendant-applicant ias general damages.
